Concept and Definition of the Period of Conception
The period of conception is a legally relevant time frame that plays a significant role in civil law, especially family law. It refers to the span of time during which the conception of a child was medically possible. The legal determination of this period is of central importance for matters of descent and the associated legal consequences, such as the establishment or contestation of paternity. The term is particularly relevant in connection with Section 1600d and Section 1593 of the German Civil Code (BGB).
Legal Foundations and Regulations
German Civil Code (BGB)
In the German Civil Code, Section 1600d(3) BGB provides the statutory definition of the period of conception. According to Section 1600d(3) BGB, the period of conception is the time from the 300th to the 181st day before the child’s birth, including both days. Thus, the period of conception comprises a period of 120 days. This time frame is based on medical-obstetric findings regarding the viability of sperm cells, the cycle duration, and the developmental time of the human embryo.
In addition, the term period of conception is used in further legal regulations, including the interpretation of the term “child” as well as in connection with the determination of paternity (Sections 1592 ff. BGB).
Wording of Section 1600d(3) BGB
“For the purpose of this law, the period of conception is the time from the 300th to the 181st day before the birth of the child, including both days.”
Significance in Law of Descent
In the law of descent, the period of conception is decisive for determining whether a man can be regarded as the father of a child. According to Section 1592 BGB, the father of a child is the man who is married to the mother at the time of birth, who has acknowledged paternity, or whose paternity has been judicially established. Judicial establishment of paternity (Section 1600d BGB) requires that the man in question could have had intercourse with the mother during the period of conception.
Presumption of the Period of Conception
The law establishes a rebuttable presumption that conception occurred within this period. However, medical opinions can, in individual cases, result in a further narrowing or shifting of the period of conception in the specific case.
Medical-Biological Background and Legal Assessment
Medical Principles
The statutory period of conception is based on medical averages. An average pregnancy duration of approximately 280 days is assumed, taking into account possible deviations. While sperm cells can survive in the female body for up to five days and an egg cell remains capable of being fertilized for up to 24 hours, precise determination of the moment of conception is medically possible only to a limited extent.
Deviating Period of Conception in Individual Cases
Research and findings in individual cases can lead to courts departing from the statutory period of conception in the determination or contestation of paternity. The law expressly allows medical expert opinions to be considered if there are indications of an earlier or later conception.
Significance of the Period of Conception in Different Areas of Law
Contest and Establishment of Paternity
In the context of contesting and establishing paternity, the period of conception is of decisive importance. Those entitled to contest must demonstrate that the alleged father could or could not have had intercourse with the mother during the period of conception. If there are signs of fertilization outside the statutory period of conception, the contestation of paternity may succeed or the establishment of paternity may be refused.
Inheritance Law Aspects
In inheritance law, the period of conception is relevant to the question of whether a child was already “born” or “conceived” at the time of the inheritance and thus eligible to inherit. According to Section 1923(2) BGB, even an unborn but already conceived child is entitled to inherit. The legal presumption of the period of conception facilitates the determination of whether the child is entitled to inheritance.
Social and Maintenance Law
The period of conception is also significant in social law and maintenance law, as it helps clarify the legal status of the child as well as claims for maintenance and benefits, for example in the case of the birth of a non-marital child.
Burden of Proof and Assessment of Evidence
In connection with the period of conception, there is a statutory presumption in favor of a period during which conception was medically possible. Anyone alleging a deviating period of conception must prove this with appropriate evidence, usually in the form of medical expert opinions. Courts are required, in their obligation to decide, to include all presented evidence in their overall assessment.
Summary and Practical Relevance
The period of conception is a legally defined timeframe that is of considerable importance for numerous legal matters, particularly in family and inheritance law. The legal definition serves as a basis for the determination and contestation of paternity as well as for inheritance claims of unborn children. It provides legal certainty but can be adjusted in individual cases due to medical particularities. The period of conception therefore makes a crucial contribution to clarifying issues of descent and the resulting rights and obligations, and is an essential element in the German family law system.
Frequently Asked Questions
When is the period of conception legally relevant?
The period of conception is particularly relevant for the determination of legal paternity. In the context of the law of descent, as regulated for example in Section 1600d BGB, the period during which the mother of a child could have become pregnant constitutes the central basis for the acceptance or exclusion of paternity. Here, a period of approximately 300 to 181 days before the birth of the child is regularly defined as the legal period of conception. Courts, registry offices, and other authorities rely on this period when, for example, paternity is to be contested or recognized. The exact determination of this period can be established through medical opinions or based on birth data. In family law proceedings, an exact determination of the period of conception can have significant effects on maintenance claims, inheritance succession, and parental custody or access rights.
Who bears the burden of proof for the period of conception in case of dispute?
In the case of paternity contestation or establishment, the burden of proof regarding the period of conception usually lies with the party who wishes to contest or establish paternity. Under German law (Sections 1592 ff. BGB), it is first presumed that the mother’s husband is the father if the child is born during the marriage. If this presumption is to be rebutted, the party seeking to do so must demonstrate and, if necessary, prove that the period of conception was outside a particular partnership. Expert medical reports are regularly obtained for this purpose. Disputed cases may go to court, where the detailed presentation of periods, witness testimony, and medical statements may be decisive.
How is the period of conception legally determined?
The determination of the period of conception is usually made through a combination of medical and legal means. The main basis for this is the medical records on the pregnancy, such as the maternity record and ultrasound findings, as well as the calculated due date. In cases of dispute, the court may obtain an expert medical report based on biological probabilities and timeframes. The legally relevant period is aligned with the average duration of a pregnancy (about 266 days from conception plus a safety margin). It should be noted that actual conception is not always exactly ascertainable, which is why courts generally use a range as the period of conception.
What legal consequences result from a shift in the period of conception?
A determined shift in the period of conception can have significant effects on the legal parent-child assignment. For example, if it is established that conception occurred earlier or later than previously assumed, and the potential father can be proven not to have been with the mother during the relevant period, this can lead to a successful contestation of paternity. This may result in changes to maintenance obligations, custody matters, and inheritance claims. This is particularly important in cases of artificial insemination or sperm donation, as the exact determination of the period of conception takes on additional significance, with contractual and documentary evidence also being considered.
What is the significance of the period of conception in inheritance and maintenance matters?
The determination of the period of conception is fundamental for clarifying maintenance obligations and inheritance claims. If a potential father acknowledges paternity within the legal period of conception, this gives rise to extensive financial and legal obligations towards the child. If a judicial review establishes that conception occurred outside the relevant period, maintenance claims may be rejected or inheritance succession redefined. This is particularly relevant if multiple potential fathers are in question or if the child asserts statutory inheritance claims.
Is it possible to retroactively determine the period of conception?
Yes, in judicial or administrative proceedings, the period of conception can also be determined retroactively. This primarily occurs in estate or paternity proceedings where there is uncertainty about biological descent. Based on medical documents, witness statements, and, if necessary, medical expert opinions, the competent court may subsequently determine the legally relevant period of conception. This retroactive determination is often decisive when it comes to subsequent maintenance claims or clarifying succession, and when there is an interest in a legally secure assignment.
What legal options are available if there are doubts about the established period of conception?
If the established period of conception is challenged, there are various legal options to request a new review in the context of court proceedings. Especially in paternity proceedings under Section 1600d BGB, parties may submit new evidence, such as current medical expert opinions, or name witnesses. The court is obliged to investigate all substantiated objections and requests for evidence, as long as these can seriously call into question the determination of the period of conception and the resulting paternity or non-paternity. However, the correction of a period of conception determined by final judgment is only possible under strict conditions, such as the emergence of new evidence or serious errors in the original proceedings.
