[Legal status as at January 2019]

A father who is not a mother's husband is obliged to contribute, as the case may be, to expenses related to pregnancy and childbirth and the costs of a three-month mother's maintenance during the delivery period. For important reasons, the mother may demand that the father participate in the costs of her maintenance for more than three months. According to the Supreme Court (reference number I C 1261/53), expenses related to pregnancy and childbirth are "all expenses that have become necessary as a result of pregnancy or childbirth, which the mother would not have had if she was not pregnant or if she did not give birth". Thus, for example, the expenditure may be the purchase of a pram or costs incurred in adapting the room to a newborn child. In a situation where, due to pregnancy or childbirth, the mother incurred other necessary expenses or particular property losses, she may demand that the child's father cover their respective part. It is worth remembering that the above claims are due to the mother, also in a situation where the child was born dead. Pursuant to the decision of the legislator, indicated claims become time-barred three years from the date of delivery.

In a situation where the paternity of a man who is not the husband's mother has been authenticated, the mother may demand that he expose an adequate sum of money, even before the child is born. It should cover the costs of mothers' maintenance for three months during the delivery period and the costs of maintaining the child for the first three months after birth. In the above case, the degree of judicial certainty about paternity may be smaller than in determining paternity. For example, the submitted correspondence may be considered sufficient, from which it follows that the mother of the child and the alleged father was linked by intimate relations. Finally, when it turns out that the paternity of a man has not been confirmed, he is entitled to a recourse claim against the mother, as well as a man whose paternity was established.

In addition, the Family and Guardianship Code introduces the principle according to which, in a situation where the paternity of a man who is not the mother's husband has not been established, it is inadmissible to pursue property claims without a prior or simultaneous determination of paternity. However, this does not apply to the claims of the mother whose child was born dead, because the paternity of the dead child can not be established.