Contesting Marital Presumption of Paternity – Biological Father’s Legal Position. Comparative Overview in Albania and the Western Balkan Countries

This scientific article is focused on the possibility for biological father to challenge marital presumption of paternity. Academic studies show that there an enlargement legal actions towards establishment evidence and non-marital parents have enforceable rights. In Albanian legislation (and in some others as well), a different treatment reserved children born within out wedlock. While entitled contest paternity child wedlock, he not when it comes Thus, aim research critically analyse presumed contestation, focusing position child. It takes into consideration relevant doctrine, jurisprudence European Court Human Rights, comparative Western Balkan countries. The main thesis this paper that, contesting paternity, fair balancing competing rights interests at stake reached if excluded from category persons