A father sues for paternity of his child four years after his birth, and the Supreme Court sets an expiration date: “Too late”

The Spanish Supreme Court has dashed a man’s hopes of being legally recognized as the father of his son, citing the delay in filing the claim as a key factor. The child was already four years old when the man initiated legal proceedings.

According to Confilegal, the man filed a verbal lawsuit against his former partner in October 2021, seeking to establish non-marital paternity of a child born in 2017. His goal was to be legally recognized as the child’s father, with all associated rights and responsibilities.

However, his claim was dismissed by the Court of First Instance No. 1 in Torrejón de Ardoz. Undeterred, he appealed to the Provincial Court of Madrid, which also rejected his case. The court stated that “the best interests of the child are not violated by applying a legally established expiration period.”

The court also noted that the man had not contributed emotionally or financially to the child’s upbringing, and there was no evidence that his absence was due to circumstances beyond his control. Furthermore, the child’s social circle did not recognize him as the father.

The court’s final rejection

Following these setbacks, the man took his case to the Supreme Court, which also ruled against him. The ruling acknowledged that the man admitted to being absent from the child’s life and claimed that the mother had consistently prevented contact. However, the court emphasized that these obstacles did not prevent him from initiating a paternity claim within the legal timeframe. The Supreme Court also pointed out that the man had not undergone a paternity test, further weakening his case.

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