Family Code (Семеен кодекс)
Inheritance Act (Закон за наследството)
This page contains an unofficial English-language translation of two cornerstone statutes of Bulgarian private law: the Family Code and the Inheritance Act, which together regulate the legal framework of family relations, marital status, parental responsibility, matrimonial property, and the transmission of property and obligations upon death.
The Family Code entered into force on 1 October 2009 and represents a comprehensive codification of modern Bulgarian family law. It governs the legal consequences of marriage, cohabitation, divorce, parentage, adoption, parental rights and duties, child maintenance, and protective measures, as amended multiple times up to State Gazette No. 115 of 30 December 2025.
The Inheritance Act, in force since 30 April 1949, regulates the law of succession in Bulgaria, including intestate succession, wills and testamentary dispositions, reserved shares of compulsory heirs, acceptance and renunciation of inheritance, partition of hereditary property, and liability for inherited obligations.
Only the Bulgarian-language texts of both statutes, as promulgated in the State Gazette of the Republic of Bulgaria, constitute the legally binding law.
(Prepared on behalf of Black Sea Law Counsel / BSLC)
This English-language translation of the Family Code and the Inheritance Act of the Republic of Bulgaria is unofficial and has been prepared exclusively for informational, educational, and reference purposes.
The translation is intended to assist foreign nationals, international families, mixed-nationality spouses, heirs residing abroad, notaries, judges, arbitrators, academics, and legal practitioners in understanding the structure, terminology, and underlying principles of Bulgarian family and inheritance law, including:
This translation does not have legal force and does not replace the official Bulgarian-language texts published in the State Gazette.
In the event of any discrepancy, inconsistency, omission, or divergent interpretation between this translation and the official Bulgarian text, the Bulgarian-language version shall prevail.
Although every effort has been made to ensure terminological precision and conceptual accuracy, Black Sea Law Counsel (BSLC) expressly disclaims any liability for:
Users are strongly advised to consult the official Bulgarian-language texts and obtain qualified legal advice before making decisions affecting family relations or inheritance in Bulgaria.
(Family Code and Inheritance Act of the Republic of Bulgaria)
The State Gazette of the Republic of Bulgaria (Bulgarian: Държавен вестник, hereinafter referred to as the State Gazette or SG) is the official publication in which all normative acts of the Bulgarian state acquire legal force.
Publication in the State Gazette is a constitutional and statutory requirement for:
Only the Bulgarian-language text promulgated in the State Gazette constitutes the official and legally binding version of the Family Code and the Inheritance Act.
All translations, consolidated texts, and unofficial versions serve exclusively informational purposes.
(Семеен кодекс)
The Family Code was adopted as a comprehensive reform of Bulgarian family law and entered into force on 1 October 2009.
Initial promulgation
Subsequent amendments and supplements reflected in the present translation
The Family Code reflects ongoing legislative adaptation to constitutional jurisprudence, evolving family structures, and European human-rights standards, while preserving the civil-law character of Bulgarian family law.
(Закон за наследството)
The Inheritance Act constitutes one of the oldest and most stable statutes of Bulgarian private law and has been continuously in force since the mid-20th century.
Initial promulgation and correction
Subsequent amendments and supplements reflected in the present translation
Despite its age, the Inheritance Act has retained its core structure and principles, relying on targeted amendments rather than comprehensive recodification, and continues to apply classical continental concepts such as universal succession and reserved shares.
Each promulgation, amendment, or supplement to the Family Code and the Inheritance Act entered into force:
The present translation is based on consolidated versions of both statutes, reflecting all amendments listed above as published in the State Gazette.
Readers should be aware that only the State Gazette provides legal authenticity, and verification against the most recent SG issue is essential where current applicability is critical.
In Bulgarian civil law, family relations and inheritance are legally and functionally interconnected. The Family Code determines personal status and property relations during life, while the Inheritance Act governs the legal consequences of death, building directly upon family-law status.
This interdependence is particularly evident in:
For this reason, both statutes are presented together in this translation project, reflecting their combined role in regulating family continuity and intergenerational property transmission.
The Family Code establishes a comprehensive legal framework for family relations, including personal, non-property, and property aspects.
Its regulation encompasses, among others:
Family-law institutions defined in the Code have direct and indirect implications for inheritance rights, particularly regarding the status of heirs and the scope of reserved shares.
The Inheritance Act governs the universal succession of the deceased’s rights and obligations to heirs and legatees.
Its main regulatory areas include:
The Act follows the civil-law principle of universal succession, whereby heirs step into the legal position of the deceased as a whole, subject to statutory limitations.
This English translation is based on consolidated Bulgarian-language versions of the Family Code and the Inheritance Act, reflecting all amendments published in the State Gazette up to the dates indicated above.
The translation methodology adheres to the following principles:
The translation is intended to facilitate comparative understanding and practical orientation, not to serve as a substitute for the official text.
(Civil-Law Context of Family and Succession Law)
Bulgarian family and inheritance law forms part of the continental civil-law tradition, where legal institutions differ fundamentally from those of common-law systems.
Key conceptual features include:
Accordingly, the terminology used in this translation seeks to preserve the internal logic of Bulgarian civil law, even where this departs from everyday English-language usage.
GENERAL PROVISIONS
The inheritance is opened at the moment of death at the last place of residence of the deceased.
No one may inherit, either by operation of law or by will:
Until the contrary is proven, a person who is born alive shall be deemed capable of living.
No one may inherit as unworthy:
An unworthy person may inherit if the deceased has expressly recognised him or her as worthy by an act with notarised content or by a will.
An unworthy person in whose favour the deceased has made a will, while being aware of the ground for unworthiness, without expressly recognising him or her as worthy, shall inherit only within the limits of the will.
INHERITANCE BY OPERATION OF LAW
The children of the deceased inherit in equal shares.
Adopted children of the deceased shall also be regarded as children of the deceased.
(Amended — SG No. 41 of 1985; amended — SG No. 47 of 2009, in force from 01.10.2009)
In the case of adoption under Article 102 of the Family Code, the adopted children and their descendants do not inherit the relatives of the adopter.
Where the deceased has left no children or other descendants, the parents inherit in equal shares, or the one of them who is alive.
If the deceased has left only ascendants of the second or higher degree, the closest of them by degree inherit in equal shares.
Where the deceased has left only brothers and sisters, they inherit in equal shares.
Where the deceased has left only brothers and sisters together with ascendants of the second or higher degree, the former receive two thirds of the inheritance, and the ascendants receive one third.
In the cases under the preceding paragraphs, half-blood brothers and sisters receive half of what full brothers and sisters receive.
(New — SG No. 60 of 1992)
Where the deceased has left no ascendants of the second or higher degree, no brothers and sisters, or their descendants, the relatives in the collateral line up to the sixth degree inclusive inherit. The closer by degree and the descendant of a closer by degree exclude the more distant by degree.
The spouse inherits a share equal to the share of each child.
(Amended — SG No. 60 of 1992)
Where the spouse inherits together with ascendants or with brothers and sisters or with their descendants, the spouse receives one half of the inheritance if it was opened before the completion of ten years from the conclusion of the marriage, and otherwise receives two thirds of the inheritance. And where the spouse inherits together with ascendants and with brothers and sisters or with their descendants, the spouse receives one third of the inheritance in the former case and one half in the latter.
(Supplemented — SG No. 60 of 1992)
If there are no other heirs under the preceding paragraph, the spouse receives the entire inheritance.
(New — SG No. 60 of 1992)
Where, to an opened inheritance, ownership of immovable things nationalised or included in labour-cooperative agricultural farms or in other agricultural organisations formed on their basis is restored, the heirs of a subsequent spouse do not inherit if he or she died before the restoration of ownership and there are no children born or adopted from the marriage with the deceased.
The descendants of the deceased who have died before him or her or are unworthy are replaced in inheritance by operation of law by their own descendants without limitation of degrees.
Brothers and sisters of the deceased who have died before him or her or are unworthy are replaced only by their children or grandchildren.
Inheritance in these cases takes place by branch.
Replacement is also permitted in favour of a person who has renounced the inheritance of the ascendant whom he or she replaces or who is unworthy to inherit the same.
(New — SG No. 117 of 1997)
Where several persons have died and it cannot be established the sequence in which the death of each of them occurred, the older person shall be deemed to have died before the younger.
(Supplemented — SG No. 96 of 1999)
Where there are no persons who may inherit pursuant to the preceding articles, or where all heirs renounce the inheritance or lose the right to accept it, the inheritance is acquired by the State, with the exception of movable things, dwellings, ateliers, and garages, as well as plots and immovable things intended predominantly for residential construction, which become the property of the municipality in whose territory they are located.
Heirs who have lived together with the deceased and have taken care of him or her receive, as inheritance, the ordinary household furnishings, and if they engage in agriculture and have not been remunerated in another manner, also the agricultural inventory of the deceased.
Co-heirs who, during the lifetime of the deceased, have contributed to the increase of the inheritance may, if they have not been remunerated in another manner, request that this increase be taken into account in their favour upon partition; the increase may be granted in things or in money.
INHERITANCE BY WILL
GENERAL PROVISIONS
Any person who has attained the age of 18 years, who has not been placed under full guardianship due to mental deficiency, and who is capable of acting reasonably, may dispose of his or her property for the time after his or her death by will.
(Amended — SG No. 60 of 1992)
The testator may dispose, by will, of all of his or her property.
(Repealed, former Paragraph 3 — SG No. 60 of 1992)
Testamentary dispositions may not, in all cases, prejudice the reserved share (Article 29).
Two or more persons may not make a will by the same act, either in favour of one another or in favour of third persons.
Testamentary dispositions relating to the whole or to a fractional part of the whole property of the testator are called universal and confer the quality of heir upon the person in whose favour they are made.
Testamentary dispositions relating to specific property are particular and confer the quality of legatee.
Testamentary dispositions may be made subject to a condition or a charge.
A universal testamentary disposition made subject to a final term shall be deemed a legacy of usufruct over the entire inheritance or over the respective share; an initial term shall be deemed unwritten.
Any interested person may request the performance of the charges imposed by the will.
Failure to perform such charges does not entail the nullification of the testamentary disposition.
A legacy of a specific thing is void if the testator was not the owner of that thing at the opening of the inheritance.
A legacy of a specified quantity of generic things is valid even if such things did not exist in the property of the testator at the opening of the inheritance.
A testamentary disposition produces no effect if the person in whose favour it was made dies before the testator.
The testator may designate one or more persons to acquire the inheritance or the legacy in the event that the heir or the legatee dies before him or her, or renounces the inheritance or the legacy, or is unworthy to inherit.
However, the testator may not oblige the heir to preserve and, after his or her death, to transfer in whole or in part the inheritance received by him or her to a third person.
An heir by operation of law or by will has the right to receive the legacy made in his or her favour even where he or she renounces the inheritance.
The provisions of Articles 48 to 54 shall also apply to legacies.
FORM OF THE WILL
A will may be notarial or handwritten.
A notarial will shall be made by the notary in the presence of two witnesses.
(Supplemented — SG No. 104 of 1996; amended — SG No. 59 of 2007, in force from 01.03.2008)
The testator orally declares his or her will to the notary, who records it as declared, after which the notary reads the will to the testator in the presence of the witnesses.
The notary records the fulfilment of these formalities in the will, indicating also the place and the date of its execution.
Thereafter, the will is signed by the testator, the witnesses, and the notary.
For the execution of a notarial will, the notary shall be guided by the provisions of Article 578, Paragraphs 1 and 2 of the Civil Procedure Code.
If the testator is unable to sign, he or she must indicate the reason for this, and the notary records the declaration of the testator prior to the reading of the will.
A handwritten will must be written entirely by hand by the testator himself or herself, must contain an indication of the date on which it was made, and must be signed by him or her.
The signature must be placed after the testamentary dispositions.
The will may be delivered for safekeeping to a notary in a sealed envelope.
In such case, the notary draws up a record on the envelope itself.
The record is signed by the person who has delivered the will and by the notary and is entered in a special register.
A handwritten will delivered for safekeeping to a notary may be taken back only personally by the testator.
A note regarding the return of the will is made in the special register and is signed by the testator, two witnesses, and the notary.
The person in whose possession a handwritten will is found must, immediately after learning of the death of the testator, request its proclamation by a notary.
Any interested person may request the district judge at the place where the inheritance is opened to set a time limit for the submission of the will so that it may be proclaimed by a notary.
The notary proclaims the will by drawing up a record in which the condition of the will is described and the unsealing thereof is noted.
The record is signed by the person who has submitted the will and by the notary.
The notebook on which the will is written, countersigned on each page by the same persons, is attached to the record.
Where the will has been delivered for safekeeping to a notary (Article 25, Paragraph 2), the above provisions shall be carried out by the notary in whose custody the will is held.
RESERVED SHARE AND DISPOSABLE SHARE
Where the deceased leaves descendants, parents, or a spouse, he or she may not, by testamentary dispositions or by donations, prejudice that which constitutes their reserved share of the inheritance.
The part of the inheritance outside the reserved share constitutes the disposable share of the deceased.
The reserved share of descendants (including adopted children), where the deceased has not left a spouse, is as follows: in the case of one child or descendants of such child — one half, and in the case of two or more children or their descendants — two thirds of the property of the deceased.
The reserved share of the parents, or of the surviving one of them, is one third.
The reserved share of the spouse is one half when he or she inherits alone, and one third when the deceased has also left parents.
Where the deceased has left descendants and a spouse, the reserved share of the spouse is equal to the reserved share of each child.
In these cases, the disposable share with one child is equal to one third, with two children is equal to one quarter, and with three or more children is equal to one sixth of the inheritance.
RESTORATION OF THE RESERVED SHARE
An heir entitled to a reserved share who cannot obtain the full amount of that share due to wills or donations may request their reduction to the extent necessary to supplement his or her reserved share, after offsetting the legacies and donations made in his or her favour, with the exception of customary gifts.
Where the heir whose reserved share has been prejudiced exercises this right against persons who are not heirs by operation of law, it is necessary that he or she has accepted the inheritance under inventory.
In order to determine the disposable share, as well as the amount of the reserved share of the heir, a mass is formed from all things that belonged to the deceased at the moment of his or her death, after deducting the obligations and the increase of the inheritance under Article 12, Paragraph 2.
Thereafter, donations are added to it, with the exception of customary ones, according to their condition at the time of the donation and according to their value at the time of the opening of the inheritance for immovable things and at the time of the donation for movable things.
Testamentary dispositions are reduced proportionally, without distinction between heirs and legatees, unless the testator has otherwise provided.
Donations are reduced only after the bequeathed property has been exhausted, starting with the most recent donations and proceeding successively to the earlier ones.
Where several things have been bequeathed or donated to one person, the reduction is carried out at the choice of that person.
If he or she does not make a choice within the time limit set by the court, the procedure under Articles 32 and 33 shall apply.
Where the deceased has bequeathed usufruct or a life annuity, the income or, respectively, the amount of which exceeds the income of the disposable share, the heirs entitled to a reserved share who receive bare ownership have an optional right either to perform the testamentary disposition or to relinquish full ownership of such part of the inherited thing as corresponds to the disposable share.
The same optional right exists where the deceased has bequeathed bare ownership of things whose income exceeds the income of the disposable share.
(Corrected — SG No. 41 of 1949)
The decision to perform the testamentary disposition may be taken only with the consent of all affected heirs, excluding the person in whose favour it has been made.
The same rules shall apply where usufruct, annuity, or bare ownership has been constituted by an act of donation.
Where the subject of the legacy or donation is an immovable thing and the separation of a part thereof, in order to supplement the reserved share of the heir, cannot be conveniently effected, if the value of the bequeathed or donated thing, calculated in accordance with Article 31, exceeds the disposable share by more than one quarter, the thing remains entirely in the inheritance, and the legatee or donee receives the value of the disposable share.
If the excess does not exceed one quarter, the legatee or donee may retain the entire thing and compensate the heir in money according to the price at the time of the reduction.
Where the legatee or donee is an heir entitled to a reserved share, he or she may retain the entire thing only if its value does not exceed the disposable share and his or her reserved share taken together.
The legatee or donee is obliged to return the fruits of the things exceeding the disposable share from the day of the death of the deceased if the action for this is brought within one year from that date, and otherwise from the date of the statement of claim.
Alienations of bequeathed or donated immovable things, as well as the constitution of real rights over them, carried out by legatees or donees against whom the reduction has been ordered, effected before the expiry of one year from the opening of the inheritance or after the statement of claim for reduction has been entered, may be annulled at the request of the heir if he or she cannot supplement his or her reserved share from the property of the legatee or donee and if the acquirer does not supplement the reserved share in money.
The same shall apply to agricultural and transport machines of significant value.
The actions shall be brought starting with the most recent alienation and proceeding successively to the earlier ones.
REVOCATION OF THE WILL
A will may be revoked expressly by a new will or by a notarial act in which the testator expressly declares that he or she revokes wholly or partially his or her previous dispositions.
A subsequent will which does not expressly revoke the earlier one revokes only those dispositions therein which are incompatible with the new ones.
A will which has been revoked by a subsequent one remains revoked even where the subsequent will produces no effect due to the fact that the instituted heir or legatee dies before the testator, or proves to be unworthy, or renounces the inheritance or the legacy.
(Corrected — SG No. 41 of 1949)
The alienation, in whole or in part, of a bequeathed thing revokes the legacy with respect to that which has been alienated, even where the thing is reacquired by the testator or where the alienation is annulled for reasons other than a defect of consent.
The same shall apply where the testator processes or alters the bequeathed thing in such a way that it loses its former form and purpose.
INVALIDITY OF THE WILL
A testamentary disposition is null:
A testamentary disposition is voidable:
A mistake in the motive is a ground for avoidance of the testamentary disposition where the motive is expressed in the will itself and the disposition has been made solely because of it.
An action for avoidance of a testamentary disposition is extinguished upon the expiry of three years from the day on which the claimant learned of the ground for voidability, and in any event upon the expiry of ten years from the opening of the inheritance.
Where the learning precedes the opening of the inheritance, the three-year period runs from the opening.
The defence of voidability is not subject to a time limit.
EXECUTOR OF WILLS
The testator may entrust one or more legally capable persons with the execution of his or her testamentary dispositions.
At the request of any interested person, the district judge at the place where the inheritance is opened may set a time limit for acceptance of the appointment, upon the expiry of which, if the appointment is not accepted, it shall be deemed that the appointee has renounced it.
The executor of the will must draw up an inventory of the hereditary property after inviting the heirs and legatees to be present at the inventory.
The executor enters into possession of the hereditary property and manages it insofar as such actions are necessary for the execution of the testamentary dispositions.
The executor may not alienate the property of the inheritance except in case of necessity and with the permission of the district judge, who rules after hearing the heirs.
The district judge may release the executor of the will from office if he or she demonstrates negligence, incapacity, or actions incompatible with the necessary trust.
ACCEPTANCE AND RENUNCIATION OF INHERITANCE
The inheritance is acquired by its acceptance.
Acceptance produces effect from the opening of the inheritance.
Acceptance may be effected by a written declaration to the district judge in whose district the inheritance is opened; in this case, the acceptance is entered in a special register.
Acceptance also exists where the heir performs an act which unequivocally presupposes his or her intention to accept the inheritance, or where he or she conceals hereditary property.
In the latter case, the heir loses the right to an inheritance share in the concealed property.
(Repealed — SG No. 60 of 1992)
At the request of any interested person, the district judge, after summoning the person who has the right to inherit, sets a time limit for him or her to declare whether he or she accepts the inheritance or renounces it.
Where proceedings have been instituted against the heir, this time limit is set by the court hearing the case.
If the heir does not respond within the time limit set, he or she loses the right to accept the inheritance.
The declaration of the heir is entered in the register provided for in Article 49, Paragraph 1.
Renunciation of the inheritance is effected in the manner prescribed in Article 49, Paragraph 1; it is entered in the same manner.
The share of the person who has renounced or of the person who has lost the right to accept the inheritance enlarges the shares of the remaining heirs.
Acceptance and renunciation made subject to a condition, for a term, or for a part of the inheritance are void.
Acceptance and renunciation may not be contested on the ground of mistake.
Where, after acceptance of the inheritance, a will is discovered which was not known, the heir is not obliged to satisfy the legacies thereunder beyond the value of the inheritance or where they prejudice his or her reserved share.
In such cases, the heir may request the reduction of legacies under other wills as well.
(Corrected — SG No. 41 of 1949)
The creditors of a person who has renounced the inheritance may request the avoidance of the renunciation in their favour insofar as they cannot be satisfied from the property of the heir.
The action may be brought within one year from learning of the renunciation, but not later than three years from the renunciation.
Where an heir dies before having accepted the inheritance or before having renounced it, each of his or her heirs may accept that inheritance only if he or she also accepts the inheritance of his or her own deceased.
He or she may renounce the same inheritance even if he or she has accepted the inheritance of the latter.
Until acceptance of the inheritance, the person who has the right to inherit may manage the hereditary property and exercise possessory actions for its preservation.
Where the person who has the right to inherit has an unknown place of residence or, although the place of residence is known, has not assumed the management of the hereditary property, the district judge, ex officio or at the request of interested persons, appoints an administrator of the inheritance.
The administrator must draw up an inventory of the hereditary property.
The administrator brings and defends actions concerning the hereditary property and obligations.
For the performance of hereditary obligations, legacies, and for the sale of hereditary property, the administrator must request permission from the district judge.
Heirs who have accepted the inheritance are liable for the obligations with which it is encumbered in proportion to the shares they receive.
An heir who has accepted the inheritance under inventory is liable only up to the amount of the inheritance received.
Acceptance of the inheritance under inventory must be declared in writing before the district judge within three months from the time the heir learned that the inheritance has been opened.
This time limit may be extended by the district judge by up to three months.
Acceptance is entered in accordance with Article 49, Paragraph 1.
Incapacitated persons, the State, and public organisations accept the inheritance only under inventory.
Acceptance under inventory by one of the heirs benefits the others, but does not deprive the latter of the right to accept the inheritance outright or to renounce it.
The inventory is carried out in accordance with the procedure provided for in the Civil Procedure Code.
The heir is obliged to indicate to the district judge all hereditary immovable things known to him or her in order for them to be entered in the inventory; otherwise, he or she loses the benefits associated with acceptance of the inheritance under inventory.
An heir who has accepted the inheritance under inventory manages the hereditary property and is obliged to exercise the care that he or she exercises in relation to his or her own affairs.
He or she may not alienate immovable property for five years from the acceptance, and movable property for three years, except with the permission of the district judge; otherwise, he or she is liable for the obligations of the deceased without limitation.
The heir owes the creditors and legatees an account of the management.
Where the inheritance has been accepted under inventory, each creditor or legatee may request the district judge to determine the order and manner in which the heir shall pay the creditors and legatees.
Where this has not been done, the heir who has accepted the inheritance under inventory pays the creditors and legatees in the order in which they present their claims to him or her.
Creditors who present their claims after the assets of the inheritance have been exhausted have a recourse action against the legatees.
The action must be brought within three years from the last payment.
(Corrected — SG No. 41 of 1949)
The creditors of the inheritance and the legatees may, within three months from the acceptance thereof, request separation of the property of the deceased from the property of the heir.
(Amended — SG No. 34 of 2000, in force from 01.01.2001)
Such separation is effected, for immovable property, by entry in the records of the immovable property of the deceased in accordance with the procedure of the Cadastre and Property Register Act, and for movable property, by an application to the district judge, which is entered in accordance with Article 49, Paragraph 1.
The creditors of the inheritance and the legatees who have requested the separation are preferred to those who have not requested it.
Where the separation has been requested by both creditors and legatees, the former have priority.
A legacy of a specific thing is reduced accordingly where the remaining hereditary property is insufficient to pay the hereditary obligations.
PARTITION OF INHERITANCE
An heir may always request partition, even where there is a contrary disposition by the deceased.
Each heir may request his or her share in kind insofar as this is possible.
Inequality of shares is equalised in money.
Property which cannot be conveniently divided is sold by public auction.
An heir who is an agricultural farmer and resides in or near the populated place where the uncovered hereditary immovable property is located, in order to supplement the land owned by him or her up to the size of an average-type private labour agricultural holding, may purchase from the other co-heirs, who do not reside in the same populated place or nearby or do not engage in agriculture, the uncovered immovable property allocated to them as shares.
(Corrected — SG No. 41 of 1949)
Before proceeding to the formation of shares, each co-heir must contribute to the inheritance that which he or she owes to the deceased, as well as that which he or she owes to the other co-heirs in connection with their co-ownership.
If he or she does not effect the contribution in kind, the co-heirs who are entitled to request it receive, in their share, part of the hereditary property equal in value to what is owed, and where possible, also in kind.
(Repealed — SG No. 60 of 1992)
In forming the shares, the division of arable land into parts smaller than 3 decares, of meadows into parts smaller than 2 decares, and of vineyards and orchards into parts smaller than 1 decare shall not be permitted.
Each co-heir, in proportion to his or her hereditary share, owes security to the co-heir who, due to a cause preceding the partition, has been judicially evicted from the property received as his or her share.
Such security is not owed where it has been excluded by a special agreement in the act of partition or where the co-heir has, by his or her own fault, suffered judicial eviction.
Partition may not be contested on the ground of mistake, except where, in its execution, one of the co-heirs has been prejudiced by more than one quarter of the value of his or her share.
The action may not be brought after the expiry of one year from the execution of the partition.
Avoidance is not permitted where, before the decision of the last judicial instance is rendered, the share of the prejudiced person is supplemented in money or in kind by the remaining co-heirs.
Where, in the execution of the partition, any hereditary property has been omitted, it shall be partitioned additionally.
Where the partition has been carried out without the participation of any of the co-heirs, it is entirely null.
Acts of disposition by a co-heir with individual hereditary items are void where such items do not fall to his or her share upon partition.
(Corrected — SG No. 41 of 1949)
The deceased may, during his or her lifetime, divide his or her property among his or her heirs, including the reserved share in the partition.
Such partition may be carried out by an act of donation or by a will.
A partition in which the deceased has not included an heir entitled to a reserved share is void.
A co-heir who, by the partition, has been prejudiced in his or her reserved share may request its restoration from the other co-heirs.
Where the partition has been made by an act of donation, it may be contested in accordance with Article 74.
Where the partition does not include all property owned by the deceased at the time of his or her death, the undivided property is partitioned in accordance with the law, insofar as the deceased has not otherwise disposed.
In a lifetime partition by will, the rule of Article 69, Paragraph 3 shall apply.
DONATION
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
(Repealed — SG No. 275 of 1950)
With respect to inheritances opened after 16 October 1944, until the entry into force of this Act, the hereditary share of descendants and of the spouse shall be determined in accordance with the provisions of this Act.
Judicial partitions carried out in respect of such inheritances, where the partition protocol has entered into legal force, as well as voluntary partitions, shall remain in force.
However, interested heirs may request equalisation of the hereditary shares in money.
Wills made prior to the entry into force of this Act in the forms provided for in the previously applicable Inheritance Act shall retain their validity.
The provisions of Article 14 shall also apply with respect to wills made prior to the entry into force of this Act, where the inheritance is opened thereafter.
(New — SG No. 60 of 1992; declared unconstitutional in the part providing that a will made after inclusion in labour-cooperative agricultural farms or other agricultural organisations formed on their basis of properties of cooperative members, ownership of which is restored under Article 10, Paragraph 1 of the Agricultural Land Ownership and Use Act, has no effect for such properties, by Constitutional Court Decision No. 4 of 1996 — SG No. 21 of 1996)
A will and a sale of inheritance made and carried out after nationalisation or inclusion in labour-cooperative agricultural farms or other agricultural organisations formed on their basis of properties whose ownership is restored shall have no effect with respect to such properties.
The limitation period under Article 50, calculated from the day of entry into force of this Act, shall also apply to inheritances opened prior to that date.
(New — SG No. 60 of 1992)
In the case of an inheritance including properties nationalised or included in labour-cooperative agricultural farms or other agricultural organisations formed on their basis, ownership of which is restored, a renunciation of inheritance made after the nationalisation or, respectively, inclusion of the properties has no effect with respect to such properties.
They shall be deemed a newly opened inheritance within the meaning of Article 1 of the Act.
The time limit under Article 56 shall begin to run from the entry into force of this Act for inheritances opened earlier.
This Act shall enter into force three months after its publication in the State Gazette.
TO THE ACT AMENDING AND SUPPLEMENTING THE INHERITANCE ACT
(Promulgated — SG No. 60 of 1992)
The repeal of the time limit for acceptance of the inheritance under repealed Article 50 applies both to inheritances opened prior to the entry into force of this Act in respect of which no objection of expired limitation has been raised within the time limit, and with respect to properties whose ownership is restored.
TO THE CIVIL PROCEDURE CODE
(Promulgated — SG No. 59 of 2007, in force from 01.03.2008)
The Code shall enter into force on 1 March 2008, with the exception of:
which shall enter into force three days after the promulgation of the Code in the State Gazette.
TO THE FAMILY CODE
(Promulgated — SG No. 47 of 2009, in force from 01.10.2009)
This Code shall enter into force on 1 October 2009.
GENERAL PROVISIONS
The Family Code regulates relations based on marriage, kinship, and adoption, as well as guardianship and trusteeship.
Family relations are regulated in accordance with the following principles:
Every person has the right to conclude a marriage and to have a family under the conditions determined by this Code.
CONCLUSION OF MARRIAGE
Only a civil marriage concluded in the form prescribed by this Code produces the effects which the laws attach to marriage.
The religious ceremony has no legal effect.
Marriage is concluded by the mutual, free, and express consent of a man and a woman, given personally and simultaneously before the civil status officer.
A person who has attained the age of eighteen years may conclude a marriage.
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
A person may not conclude a marriage if he or she:
The following persons may not conclude a marriage with one another:
The persons entering into marriage freely choose the municipality in which to conclude the marriage.
The marriage is concluded publicly at a place determined by the mayor of the municipality.
The marriage may also be concluded at another place at the discretion of the civil status officer where there are valid reasons.
Each of the persons entering into marriage presents to the civil status officer:
If the persons entering into marriage have chosen a regime of their property relations, they present a joint declaration with notarised signatures for the chosen regime.
Where a marriage contract has been concluded, they present a certificate from the notary regarding the date of the contract and its registration number, as well as the number under which the notary is entered in the register of the Notary Chamber and his or her territorial jurisdiction.
The civil status officer verifies the identity and age of the persons entering into marriage, as well as the documents presented by them under Article 9.
If there is no impediment to the conclusion of marriage, the civil status officer asks the persons entering into marriage whether they consent to enter into marriage with one another and, after an express affirmative reply, draws up an act for the conclusion of a civil marriage.
The act for the conclusion of a civil marriage records the chosen regime of property relations with the data under Article 9, Paragraph 2.
In cases where no regime of property relations has been chosen, the statutory community regime is entered in the act.
The act is signed by the persons entering into marriage, by two witnesses, and by the civil status officer.
The marriage is deemed concluded upon the signing of the act for the conclusion of civil marriage by the persons entering into marriage and by the civil status officer.
A marriage concluded before a person who publicly performed the functions of a civil status officer without having that capacity is valid where the persons entering into marriage were not aware of this.
Upon drawing up the act for the conclusion of civil marriage, each of the persons entering into marriage declares whether he or she retains his or her family name, adopts the family name of the other spouse, or adds the family name of the other spouse to his or her own.
As a family name, the name by which the other spouse is known in society may be adopted or added.
PERSONAL RELATIONS BETWEEN SPOUSES
The spouses have equal rights and obligations in the marriage.
Relations between the spouses are built on the basis of mutual respect, joint care for the family, and understanding.
The spouses live together, unless important reasons require them to live separately.
Each spouse has freedom of development of the personality and of choice and exercise of a profession.
The spouses are obliged, through mutual understanding and joint efforts and in accordance with their abilities, property, and income, to ensure the well-being of the family and to care for the upbringing, education, and maintenance of the children.
PROPERTY RELATIONS BETWEEN SPOUSES
General Provisions
The regimes of property relations between spouses are:
The statutory community regime applies where the persons entering into marriage have not chosen a regime of their property relations, as well as where they are minors or under limited guardianship.
The regime of property relations is registered in accordance with Article 19.
The regime of property relations may be changed during the marriage.
The change is noted in the act for the conclusion of civil marriage and in the register under Article 19.
Marriage contracts and the applicable statutory regime are registered in a central electronic register with the Registry Agency.
Registration is carried out ex officio on the basis of a notification from the municipality or mayoralty in whose civil status register the act for the concluded civil marriage is kept.
The notification is sent immediately to the territorial unit of the Registry Agency at the seat of the respective district court in whose district the municipality is located.
A change of the statutory regime, the amendment and termination of the marriage contract are noted in the act for the conclusion of civil marriage and are registered in accordance with Paragraph 2 on the basis of the documents referred to in Article 9, Paragraph 2 or in Article 27, Paragraphs 2 and 3.
The register under Paragraph 1 is public.
Fees for inquiries and certificates from the register are collected pursuant to a tariff adopted by the Council of Ministers.
The procedure for keeping and storing the register is determined by an ordinance of the Minister of Justice.
In a transaction between one or both spouses and a third person, where no regime of property relations is entered in the register, the statutory community regime shall apply.
Statutory Community Regime
The real rights acquired during the marriage as a result of joint contribution belong jointly to both spouses, regardless of in whose name they were acquired.
The joint contribution may be expressed in the investment of funds, labour, care for the children, and work in the household.
Joint contribution is presumed until the contrary is proven.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
An action for the absence of joint contribution may be brought by:
The real rights acquired before the marriage, as well as those acquired during the marriage by inheritance or by donation, belong to the spouse who acquired them.
Personal property are also the real rights acquired by one spouse where a creditor has directed enforcement for a personal debt of the other spouse, under Chapter Forty-Four of the Civil Procedure Code, against real rights constituting marital property community.
Personal property are the movable things acquired by one spouse during the marriage which serve for ordinary personal use or for the exercise of a profession or craft.
Personal property are the real rights acquired by a spouse who is a sole trader during the marriage for the exercise of his or her commercial activity and included in his or her enterprise.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
Personal property are the real rights acquired during the marriage entirely with personal property.
Where the real rights have been acquired partly with personal property under Paragraph 1, a corresponding part of the acquired property is the personal ownership of the spouse, unless that part is insignificant.
The spouses have equal rights over the common property.
While the marriage subsists, neither spouse may dispose of the share he or she would receive upon termination of the property community.
The management of common property may be carried out by either spouse.
Disposition of common property is carried out jointly by both spouses.
Disposition of a real right over common immovable property carried out by one spouse is voidable.
The other spouse may contest the disposition by court action within six months from becoming aware of it, but not later than three years from its performance.
In the disposition of a real right over common movable property by an onerous transaction carried out by one spouse without the participation of the other, the third person acquires the right if he or she did not know and could not, according to the circumstances, have known that the consent of the other spouse was lacking.
In the case of gratuitous disposition of common movable property or disposition requiring written form with notarised signatures, Paragraph 4 applies.
Each spouse may conclude a disposition transaction with his or her personal property with third persons and with the other spouse.
Acts of disposition of the family dwelling which is the personal property of one spouse are carried out with the consent of the other spouse, where the spouses do not have another dwelling that is common property or the personal property of each of them.
Where consent is lacking, the disposition is carried out with the permission of the district judge if it is established that it is not detrimental to the minor children and to the family.
The marital property community is terminated upon termination of the marriage.
The marital property community may also be terminated by judicial order during the marriage if important reasons require this.
The marital property community may be terminated during the marriage if the spouses choose the separation regime or conclude a marriage contract.
Enforcement directed by a creditor against a thing constituting marital property community, under Chapter Forty-Four of the Civil Procedure Code, for a personal debt of one of the spouses, terminates the community with respect to that thing.
The marital property community is terminated upon the entry into force of the decision opening insolvency proceedings against a spouse who is a sole trader or an unlimited liability partner.
Upon termination of the property community, the shares of the spouses are equal.
Upon termination of the marital property community due to divorce, the court may determine a larger share of the common property for the spouse to whom the exercise of parental rights with respect to minor children has been granted, if this creates special difficulties for that spouse.
The spouse to whom the exercise of parental rights with respect to minor children has been granted receives, outside his or her share, the movable things intended for their upbringing and education.
Upon termination of the community due to divorce or under Article 27, Paragraph 2, the court may determine a larger share of the common property for one spouse if his or her contribution to the acquisition significantly exceeds that of the other spouse.
Upon divorce, each spouse has the right to receive a part of the value of the things for the exercise of a profession or craft and of the claims of the other spouse acquired during the marriage, if they are of significant value and he or she has contributed to their acquisition through labour, funds, care for the children, or work in the household.
This claim may also be brought before the divorce if the conduct of the spouse who acquired the property endangers the interests of the other spouse or of the children.
Paragraph 1 also applies to the cases under Article 22, Paragraph 3.
The actions under Article 29, Paragraph 3 and Article 30 may be brought within one year from the termination of the marriage or of the marital property community, and under Article 29, Paragraphs 1 and 2 — within one year from the entry into force of the decision granting the exercise of parental rights.
The expenses for satisfying the needs of the family are borne by both spouses.
The spouses are jointly and severally liable for obligations undertaken for satisfying the needs of the family.
Statutory Separation Regime
The rights acquired by each spouse during the marriage are his or her personal property.
Upon termination of the marriage by court action, each spouse has the right to receive a part of the value of what was acquired by the other during the marriage, insofar as he or she has contributed by labour, funds, care for the children, work in the household, or otherwise.
In the disposition of the family dwelling, Article 26 applies.
Where one spouse has granted his or her thing to the other for use, in the absence of an agreement to the contrary, the user owes only the fruits existing as of the date of their written demand.
The expenses for satisfying the needs of the family are borne by both spouses.
For obligations undertaken for the current needs of the family, the spouses are jointly and severally liable.
Contractual Regime
Persons entering into marriage may regulate their property relations between themselves by a marriage contract.
Only legally capable persons may conclude a marriage contract.
A marriage contract may also be concluded by the spouses during the marriage.
The marriage contract contains agreements only regarding property relations between the parties, such as:
The property relations between the parties may also be regulated by reference to one of the statutory regimes.
An agreement whereby premarital property of one of the parties becomes marital property community is not permissible.
The marriage contract may not contain dispositions for the event of death.
The restriction does not apply to dispositions regarding the shares of the spouses upon termination of an agreed marital property community.
For property relations not regulated by the marriage contract, the statutory community regime applies.
The marriage contract is concluded personally by the parties in written form with notarisation of the content and of the signatures.
A marriage contract by which ownership is transferred or another real right over immovable property is created or transferred is notarised by a notary in whose district the property is located.
Where the properties subject to the contract are located in the districts of different notaries, the notarisation is carried out by a notary in one of those districts chosen by the parties.
(Supplemented — SG No. 100 of 2010, in force from 21.12.2010)
A contract by which ownership is transferred or another real right over immovable property is created or transferred has a transfer effect and is entered in the Property Register on the day of notarisation when it is concluded during the marriage.
Where the contract is concluded before the marriage, it is presented for entry by the notary on the day the notary receives the certificate of conclusion of civil marriage.
Where the contract is subject to entry in another judicial district, Article 25, Paragraph 6 of the Notaries and Notarial Activity Act applies.
Where the marriage contract is concluded during the marriage, a note of its conclusion is made in the act for the conclusion of civil marriage and the contract is registered in accordance with Article 19, Paragraph 2.
The marriage contract produces effect from the moment of conclusion of the marriage, and where it is concluded during the marriage — from the day of conclusion of the contract or from another date specified therein.
The contract may not affect rights acquired by third persons before its conclusion.
Amendment of the marriage contract is carried out in the form required for its conclusion.
With respect to third persons, Article 40, Paragraph 2 applies.
The marriage contract is terminated:
The marriage contract may be rescinded by judicial order under Article 87, Paragraph 1 of the Obligations and Contracts Act, if this does not contradict the principles of this Code and good morals.
Rescission may also be partial.
Rescission has effect for the future.
The general rules regarding the invalidity of contracts apply mutatis mutandis to the marriage contract.
Avoidance has effect for the future.
In such case, the spouses may choose a statutory regime or conclude a new contract.
If they do not do so, the statutory community regime applies.
TERMINATION OF MARRIAGE
Marriage is terminated:
Where the death of one spouse has been declared by the court, the marriage is terminated upon the entry into force of the decision.
If it is established that the person declared dead is alive, the terminated marriage is not restored.
Marriage shall be annulled where:
No one may rely on the voidability of the marriage until it has been declared by the court.
An action for annulment of marriage may be brought:
In the case of bigamy, the marriage may not be annulled if the earlier concluded marriage has been terminated.
Where the marriage was concluded in violation of Article 7, Paragraph 1, Item 1, the spouse from the first marriage, the spouse from the voidable marriage, as well as the prosecutor, may request establishment of the ground for annulment of the marriage even after the death of the spouse who was in a bigamous marriage.
In case of violation of Article 7, Paragraph 1, Item 2, the action may be brought by the ill or incapacitated spouse not later than six months from recovery or from the lifting of the guardianship, and by the other spouse or the prosecutor — until recovery or lifting of the guardianship.
In case of violation of Article 7, Paragraph 1, Item 3, the marriage may not be annulled if the ill spouse has recovered.
In case of violation of Article 7, Paragraph 2, Item 3, the marriage may not be annulled if the adoption has been terminated.
Annulment of the marriage has effect for the future.
The presumption of paternity under Article 61 applies also to children conceived or born during the annulled marriage.
The provisions concerning the consequences of divorce for the personal and property relations between the spouses, as well as for the relations between them and the children, apply mutatis mutandis in cases of annulment of marriage.
Bad faith in annulment of marriage has the significance of fault in divorce.
Either spouse may seek divorce where the marriage is deeply and irretrievably broken.
The court directs the spouses toward reconciliation through mediation or another means of voluntary settlement of the dispute.
With the decision allowing the divorce, the court also rules on the fault for the breakdown of the marriage if either spouse has requested this.
At any stage of the proceedings, the spouses may submit to the court an agreement regarding all or some of the consequences of the divorce.
The court approves the agreement under Paragraph 4 after verifying that the interests of the children are protected.
The court may request an opinion from the Social Assistance Directorate.
Where there is serious and unwavering mutual consent of the spouses for divorce, the court allows the divorce without investigating the motives for termination of the marriage.
(Supplemented — SG No. 115 of 2025, in force from 30.12.2025)
In divorce by mutual consent, the spouses submit an agreement regarding the residence of the children, the exercise of parental rights, personal relations and maintenance of the children, as well as the use of the family dwelling, maintenance between the spouses, and the family name.
They may also agree on other consequences of the divorce, including travel of the children abroad and issuance of identity documents for that purpose.
The agreement under Paragraph 1 is approved by the court after verifying that the interests of the children are protected.
The court may request an opinion from the Social Assistance Directorate.
If the agreement is incomplete or the interests of the children are not adequately protected, the court grants a time limit for remedying the deficiencies.
Where the deficiencies are not remedied within the time limit, the court rejects the request for divorce.
Modification of the residence, exercise of parental rights, personal relations, and maintenance of the children may be requested upon a change of circumstances.
The right to divorce does not pass to the heirs.
Descendants or parents called to inherit may continue the proceedings if the claimant has requested a ruling on fault, in order to establish the merits of the claim based on the alleged culpable conduct of the surviving spouse.
The court dismisses the claim if the surviving spouse is not at fault for the breakdown of the marriage.
After the divorce, the spouse may restore his or her family name prior to this marriage.
After the divorce, the former spouses cease to be statutory heirs of one another and lose the benefits arising from dispositions in case of death made before that.
These consequences also occur where the merits of the divorce claim have been established under Article 52, Paragraph 2.
Paragraph 1 does not apply if the testator has expressly indicated that the testamentary dispositions shall have effect after the divorce as well.
Donations made in connection with or during the marriage to a spouse may be revoked after the divorce in the cases provided for in the civil laws, or where revocation is provided for in the donation contract or in the marriage contract.
Upon allowing the divorce, where the family dwelling cannot be used separately by both spouses, the court grants its use to one of them if he or she has requested this and has housing need.
Where there are minor children of the marriage, the court rules ex officio on the use of the family dwelling.
Where there are minor children of the marriage and the family dwelling is owned by one spouse, the court may grant its use to the other spouse to whom the exercise of parental rights has been granted, for as long as those rights are exercised.
Where there are minor children of the marriage and the family dwelling is owned by relatives of one spouse, the court may grant its use to the other spouse to whom the exercise of parental rights has been granted, for a period of up to one year.
The use of the family dwelling is terminated before expiry of the term if the housing need of the user ceases, and in the cases under Paragraphs 2 and 3 — also if he or she concludes a new marriage.
Where the spouses are co-owners or have a joint right of use over the family dwelling, the court grants its use to one of them, taking into account the interests of the minor children, fault, health condition, and other circumstances.
Upon a change of circumstances relevant to the granting of use under Paragraph 5, either former spouse may request modification of the use of the dwelling.
By virtue of the court decision granting use of the family dwelling under Article 56, Paragraphs 1, 2, 3, and 5, a lease relationship arises.
The decision may be entered in the Property Register, and such entry has the effect under Article 237, Paragraph 1 of the Obligations and Contracts Act.
Either party may request the court to determine the amount of rent in the divorce decision.
No rent is due for the residential area used by the minor children.
The determined amount of rent may be modified upon a change of circumstances.
The provisions of Articles 54 to 57 apply insofar as the marriage contract does not provide otherwise.
(Amended — SG No. 115 of 2025, in force from 30.12.2025)
Upon divorce, the spouses by mutual consent resolve issues concerning the upbringing and education of the minor children of the marriage in their best interest.
An agreement may be reached at any stage of the proceedings, including for joint exercise of parental rights and obligations, in which case the parents agree on specific measures for allocation of rights and obligations between them.
The agreement may be reached, including with the assistance of a mediator.
The court approves the agreement pursuant to Article 49, Paragraph 5.
Where no agreement under Paragraph 1 is reached, the court ex officio determines the residence of the children, to which parent the exercise of parental rights and obligations is granted, the regime of personal relations between the children and the parents, maintenance of the children, the possibility of the child travelling abroad and issuance of identity documents for that purpose, as well as measures regarding the exercise of these rights and obligations.
Where both parents have expressed a wish to be granted the exercise of parental rights and this is in the best interest of the child, the court may order joint exercise of parental rights and obligations after the divorce, determining specific measures for each parent.
Where the parents do not reach agreement on certain rights and obligations, the court resolves the disputes between them.
The regime of personal relations between parents and children includes periods or days during which the parent may see and take the children — during school holidays, official holidays, and personal holidays of the child and the parent, as well as at other times, including remotely by telephone calls, letters, electronic messages, and other appropriate means of communication.
The parent with whom the child lives assists the other parent and provides him or her in a timely manner with information about each child, notifies the other parent in advance and presents an appropriate document where the established regime cannot be observed due to illness of the child, school commitments, or another justified reason and must be modified for a specific day, week, or other period.
The court decides the matters under Paragraphs 2 to 4 having regard to the best interest of the child, after assessing all circumstances, such as the parenting qualities of the parents, the care provided to date and attitude toward the children, the wishes of the parents, the attachment of the children to the parents, the sex and age of the children, the possibility of assistance from third persons — relatives of the parents, the social environment, and the material capabilities.
The amount of maintenance must ensure the living conditions of the child as they existed before the divorce, unless this would create special difficulties for the parent obliged to provide maintenance.
The court hears the parents, as well as the children under the conditions of Article 15 of the Child Protection Act, obtains an opinion from the Social Assistance Directorate, and where appropriate, also hears other persons.
Where there are indications of alienating behaviour, the court also hears an expert psychologist.
Where alienating behaviour exists or there is a risk of such behaviour, the court determines measures to overcome it, by prescribing mandatory conduct for the parent, modifying the measures ordered, or ordering new measures.
By way of exception, where the interests of the child so require, the court may order that the child live with grandparents or in the family of other relatives or close persons, with their consent.
Where this is not possible, the child is placed in a foster family or a social or integrated health and social service for residential care designated by the Social Assistance Directorate.
In all cases, the court determines an appropriate regime of personal relations between the child and the parents.
Where necessary, the court determines appropriate protective measures to ensure enforcement of the decision under Paragraphs 2 and 9, such as:
Where circumstances change, including upon a request for change of the child’s residence to another settlement or abroad without the consent of the other parent, non-compliance with the regime of personal relations, restriction of the child’s personal contacts with the other parent, and non-performance of the obligations under Paragraph 5, the court, upon application of the affected parent, upon request of the Social Assistance Directorate, or ex officio, may modify the regime of personal relations and, where necessary, determine additional measures.
ORIGIN (PARENTAGE)
Origin from the mother is determined by birth.
The mother of the child is the woman who gave birth to it, including in cases of assisted reproduction.
Origin from the mother, established by a birth certificate, may be contested by an action brought by the child, by the woman indicated in the certificate as the mother, by her spouse, by the woman who claims to be the mother of the child, and by the man who claims that the child was born from his spouse.
As parties to the proceedings shall also be summoned the spouse of the mother, the spouse of the woman contesting the origin, as well as the child.
The origin from the woman who gave birth to the child through assisted reproduction may not be contested on that ground.
The spouse of the mother is presumed to be the father of the child born during the marriage or before the expiration of three hundred days from its termination.
If the child is born before the expiration of three hundred days from the termination of the marriage, but after the mother has entered into a new marriage, the spouse of the mother from the new marriage is considered to be the father of the child.
In the case of declared absence of the spouse, the presumptions under Paragraphs 1 and 2 do not apply if the child is born after the expiration of three hundred days from the date of the last information about the spouse, and in the case of declared death — from the date of the presumed death.
Paragraphs 1–3 apply also where the child is born under conditions of assisted reproduction under Article 60, Paragraph 2.
(Supplemented — SG No. 103 of 2020)
The spouse of the mother may contest that he is the father of the child by proving that the child could not have been conceived by him.
This action may be brought until the expiration of one year from learning of the birth.
If the circumstances disproving paternity are learned later for reasons beyond the control of the claimant, the action may be brought until the expiration of one year from learning of those circumstances, but not later than the child attaining majority.
The court resolves the dispute taking into account the interest of the child.
The mother may contest that her spouse is the father of the child by proving that the child could not have been conceived by him.
This action may be brought within one year from the birth.
In the case under Article 61, Paragraph 2, if the contestation of the paternity of the second spouse is upheld, the first spouse is deemed to be the father of the child.
The first spouse and the mother may bring an action to contest paternity within one year from learning of the decision, but not later than three years from its entry into force.
(Amended — SG No. 103 of 2020)
The child may contest paternity from the age of fourteen until one year after attaining majority.
(New — SG No. 103 of 2020)
A third person who claims to be the biological father of the child may contest paternity within one year from learning of the birth.
This action shall mandatorily be joined with an action for establishment of origin.
The court resolves the dispute taking into account the interest of the child.
(Former Paragraph 5 — SG No. 103 of 2020)
Contestation of paternity is not permitted where the child was born under conditions of assisted reproduction, if the spouse of the mother has given informed written consent for its performance.
(Former text of Article 63 — SG No. 103 of 2020)
In contestation of paternity, the mother, the child, and the spouse are summoned as parties, and where paternity is contested by the second spouse, the first spouse is also summoned as a party.
(New — SG No. 103 of 2020)
A party to actions for contestation of paternity may also be the person who claims to be the biological father.
Each parent may recognize his or her child.
Conceived children, as well as deceased children who have left descendants, may also be recognized.
Recognition may also be carried out by a parent who has attained the age of sixteen.
Recognition is carried out personally by written application before the civil status officer or by a declaration with notarized signature submitted to the civil status officer.
The application may also be submitted through the manager of the medical establishment where the child was born.
(Amended and supplemented — SG No. 100 of 2010, in force from 21.12.2010)
The civil status officer notifies the recognition within seven days from its performance to the other parent, if known, to the child if it has attained the age of fourteen, and to the Social Assistance Directorate at the child’s current address.
(Title amended — SG No. 100 of 2010, in force from 21.12.2010)
(Amended and supplemented — SG No. 103 of 2020)
The parent or the child who has attained the age of fourteen may contest the recognition by written application to the civil status officer within a three-month period from notification.
The Social Assistance Directorate at the child’s current address may contest the recognition by objection under the same procedure if this is in the interest of the child.
If the recognition is not contested, it is entered in the birth certificate.
Where the recognition is contested, the recognizing person may, within three months from receipt of the notification, bring an action for establishment of origin.
If recognition is carried out before a birth certificate has been drawn up and the parent declares under Article 65, Paragraph 1 that he or she will not contest it, the recognizing person is entered immediately in the birth certificate as parent.
Contestation of recognition by the parent after the birth certificate has been drawn up is not permitted.
If at the time of recognition the child is a minor, it may contest it by judicial procedure until one year after attaining majority or from learning of the recognition if learning occurred later.
If the action is upheld, the recognition is deleted with a corresponding note in the birth certificate.
(New — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 103 of 2020)
Outside the cases under Paragraphs 1 and 4, recognition may be contested by any person who claims to be the parent of the recognized child, by an action brought within one year from learning of the recognition.
This action shall mandatorily be joined with an action for establishment of origin.
The court resolves the dispute taking into account the interest of the child.
(New — SG No. 103 of 2020)
Recognition may also be contested by the prosecutor in protection of the public interest by an action brought within one year from learning of it.
The recognizing person, the recognized child, and the other parent are summoned as defendants.
The recognizing person may seek annulment of the recognition due to mistake or fraud within one year from recognition, due to threat — within one year from termination of the threat, and in case of incapacity — within one year from acquiring capacity.
Origin from the mother may be established by an action brought by the child, by the mother, or by the father.
The spouse of the mother, who would be deemed the father of the child under Article 61, is also summoned as a defendant.
Origin from the father may be established by an action brought by the mother — within three years from the birth of the child, or by the child — within three years from attaining majority.
Where the action is brought by the child, the mother is also summoned.
Where the court upholds the actions under Articles 68 and 69, it rules ex officio on which parent the child shall live with, measures for exercise of parental rights, the regime of personal relations between the child and the parents, as well as the child’s maintenance, applying Article 59 mutatis mutandis.
An action for establishment of origin may not be brought and recognition may not be carried out until the existing origin established by the birth certificate, by the presumption under Article 61, or by recognition has been rebutted by judicial procedure.
The two actions may be joined.
The heirs have no right to bring the actions provided for in this chapter, but they may continue the proceedings on an action brought by their decedent.
Where the father or the mother has died, the action for establishment or contestation of origin is brought against their heirs.
The time limits under this chapter are applied ex officio and are not subject to suspension, interruption, or restoration.
KINSHIP
Kinship in the direct line is the relationship between two persons, one of whom descends directly or indirectly from the other.
Kinship in the collateral line is the relationship between two persons who have a common ancestor, without one descending from the other.
Between two relatives in the direct line there are as many degrees as there are generations.
Between two relatives in the collateral line there are as many degrees as there are generations from one of them to the common ancestor and from the latter to the other relative.
The relatives of one spouse are relatives by affinity both of the other spouse and of that spouse’s relatives.
In the line and degree in which a person is a relative of one spouse, that person is a relative by affinity of the other spouse.
The degree of affinity between the relatives of one spouse and the relatives of the other spouse is determined by adding together the degrees of kinship between one spouse and his or her relatives and the other spouse and his or her relatives.
The wives of two brothers or the husbands of two sisters are relatives by affinity of the second degree.
Affinity has legal significance only in the cases provided by law.
Affinity is terminated upon termination of the marriage.
ADOPTION
Conditions for Adoption
Only a person who, at the time of submission of the application for adoption, has not attained eighteen years of age may be adopted.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
Twins shall be adopted together.
By way of exception, they may be adopted separately if, within six months from their entry in the information system under Article 83, Paragraph 1, they could not be adopted together and if their interests so require.
Brothers and sisters shall be adopted together if they have an emotional bond with one another.
(New — SG No. 106 of 2023, in force from 22.12.2023)
The assessment of the existence of an emotional bond under Paragraph 3 shall be carried out by an expert psychologist.
The Social Assistance Directorate provides assistance in carrying out the assessment.
A capable person who has not been deprived of parental rights may adopt.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The adopter must be at least fifteen years, but not more than fifty years, older than the adopted person.
Where the adoption is carried out simultaneously or successively by two spouses and the age difference exists with respect to one of them, such difference is not required for the other spouse.
No age difference is required where a spouse adopts the child of the other spouse, in adoption by a grandfather and grandmother or by one of them, and in adoption by a relative in the collateral line of the third degree.
Adoption between relatives in the direct line and between brothers and sisters is not permitted.
A grandfather and grandmother or one of them may adopt their grandchild where the child was born out of wedlock or where the parents or one of them has died.
The court hears also the other grandparents of the adopted person.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
Upon a request for adoption of a grandchild by the grandfather and grandmother on both the maternal and paternal line, the court requires an opinion from the Social Assistance Directorate at the permanent address of the applicants and decides the matter with regard to the interests of the child.
No one may be adopted by two persons unless they are spouses.
No one may be adopted a second time before the termination of the existing adoption.
The prohibitions under Paragraphs 1 and 2 do not apply with respect to the spouse of the adopter.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
Full adoption is permitted where the adopted person and the adopter are entered in the information system under Article 83, Paragraph 1.
Paragraph 1 does not apply where a spouse adopts the child of the other spouse, in adoption of a grandchild by a grandfather and grandmother or by one of them, as well as in adoption by a relative in the collateral line of the third degree.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The requirement for entry in the information system under Article 83, Paragraph 1 does not apply in adoption by a guardian or trustee or by a family of relatives or close persons with whom the child has been placed by court order under the Child Protection Act.
The persons under Paragraph 3 are assessed by the Social Assistance Directorate at their permanent address.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The Ministry of Labour and Social Policy establishes, maintains, and operates a National Electronic Information System for Full Adoption.
The information system under Paragraph 1 contains data on:
Access to the data in the information system under Paragraph 1 is granted to the chairpersons and members of the councils under Article 94 and to officials from the Ministry of Labour and Social Policy, the State Agency for Child Protection, and the Social Assistance Agency, designated by order of the Minister of Labour and Social Policy.
The Minister of Labour and Social Policy, in coordination with the Minister of Justice, determines by ordinance the procedure for entry, maintenance, storage, support, and operation of the information system under Paragraph 1, as well as the level of access to the data in the system for the persons under Paragraph 3.
The Minister of Labour and Social Policy directs and coordinates the functioning of the information system under Paragraph 1 and designates by order the officials from the Ministry of Labour and Social Policy responsible for the proper functioning and maintenance of the system.
On the basis of the data from the information system under Paragraph 1, the Ministry of Labour and Social Policy carries out monitoring and annually prepares an analysis regarding the implementation of state policy in the field of national adoption.
The ordinance under Paragraph 4 also determines the conditions and procedure for:
(Title amended — SG No. 106 of 2023, in force from 22.12.2023)
(Supplemented — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 106 of 2023, in force from 22.12.2023)
For a child placed by administrative procedure under the Child Protection Act whose parents are unknown or have given consent for full adoption, the Social Assistance Directorate at the child’s current address issues, within seven days from the placement, an order for entry in the information system under Article 83, Paragraph 1 and sends it through the Regional Directorate for Social Assistance to the Ministry of Labour and Social Policy.
Where consent is given after placement, the seven-day period runs from the day consent is given.
(Supplemented — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 24 of 2019, in force from 01.07.2020; amendment regarding entry into force — SG No. 101 of 2019; amended — SG No. 106 of 2023, in force from 22.12.2023)
Where a child whose parents have not given consent for full adoption is placed under the Child Protection Act in a social or integrated health-social service for residential care or a foster family, and the parent without valid reason has not requested termination of the placement and return of the child or change of the measure and placement in a family of relatives or close persons, the director of the Social Assistance Directorate at the child’s current address issues, within seven days from the expiration of the period under Article 93, Paragraph 2, an order for entry of the child in the information system under Article 83, Paragraph 1 and sends it through the Regional Directorate for Social Assistance to the Ministry of Labour and Social Policy.
A copy of the request for judicial placement under Article 27, Paragraph 2 of the Child Protection Act is attached to the notification where no court decision has been issued.
(New — SG No. 106 of 2023, in force from 22.12.2023)
A child placed under the Child Protection Act in a social or integrated health-social service for residential care or a foster family is entered in the information system under Article 83, Paragraph 1 on the basis of a court decision of the district court at the child’s current address, where within the period under Article 93, Paragraph 2 the parent has requested termination of the placement and return of the child or change of the measure and placement in a family of relatives or close persons, but the conditions for this are not fulfilled due to lack of cooperation by the parents, the grounds for placement outside the family under Article 25, Paragraph 1, Items 2, 3, or 4 of the Child Protection Act have not ceased, or there is no family of relatives or close persons that has given consent for temporary placement of the child under Article 27, Paragraph 3 of the Child Protection Act.
The director of the Social Assistance Directorate at the child’s current address submits an application to the court within one month from consideration of the parent’s request, attaching a reasoned assessment of the causes for the unsuccessful reintegration or change of the measure.
The application is examined under the expedited procedure under Chapter Twenty-Five of the Civil Procedure Code.
(Former Paragraph 3; amended — SG No. 106 of 2023, in force from 22.12.2023)
A child whose parents have died, have been deprived of parental rights, or have been placed under full guardianship may be entered in the information system under Article 83, Paragraph 1 upon application by the guardian or trustee to the Social Assistance Directorate.
Entry is carried out where it is in the interest of the child, on the basis of an order of the director of the directorate.
The Social Assistance Directorate requires an opinion regarding the interest of the child from the guardianship and trusteeship authority.
Where the child is placed under the Child Protection Act in a social or integrated health-social service for residential care or a foster family, the director of the Social Assistance Directorate at the child’s current address issues, within one month from the occurrence of the grounds for establishment of guardianship or trusteeship, an order for entry of the child in the information system under Article 83, Paragraph 1 and sends it through the Regional Directorate for Social Assistance to the Ministry of Labour and Social Policy.
(Former Paragraph 4; amended — SG No. 106 of 2023, in force from 22.12.2023)
A person placed under trusteeship may request to be entered in the information system under Article 83, Paragraph 1 under the procedure of Paragraph 4.
(Repealed — former Paragraph 5; amended — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed — SG No. 106 of 2023)
(New — SG No. 106 of 2023, in force from 22.12.2023)
Entry of a child in the information system under Article 83, Paragraph 1 is carried out by the Ministry of Labour and Social Policy on the basis of a reasoned order of the director of the Social Assistance Directorate, which is subject to appeal under the Administrative Procedure Code.
(New — SG No. 106 of 2023, in force from 22.12.2023)
Refusal to enter a child in the information system under Article 83, Paragraph 1 is carried out by a reasoned order of the director of the Social Assistance Directorate, which is subject to appeal under the Administrative Procedure Code.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The Ministry of Labour and Social Policy establishes and maintains an Electronic Platform for applying for adoption of children under conditions of full adoption, which is an integral part of the National Electronic Information System for Full Adoption.
The procedure for applying through the electronic platform under Paragraph 1 is determined in the ordinance under Article 83, Paragraph 4.
(Title amended — SG No. 106 of 2023, in force from 22.12.2023)
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
A person who wishes to adopt a child under conditions of full adoption applies through the electronic platform under Article 85, Paragraph 1 for a permit for entry in the information system under Article 83, Paragraph 1.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
The Social Assistance Directorate carries out a social assessment of the suitability of the person to adopt a child.
Where the person wishes to adopt a child with habitual residence abroad, on the basis of the social assessment the Social Assistance Directorate issues a certificate of suitability in a standard form, annex to the ordinance under Article 83, Paragraph 4.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
Entry in the information system under Article 83, Paragraph 1 is carried out by the Ministry of Labour and Social Policy on the basis of an order of the director of the Social Assistance Directorate for issuance of a permit for entry in the information system.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The order of the director of the Social Assistance Directorate refusing issuance of a permit for entry in the information system under Article 83, Paragraph 1 is subject to appeal under the Administrative Procedure Code.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
The permit under Paragraph 3 is issued for a period of two years.
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed)
(Title amended — SG No. 106 of 2023, in force from 22.12.2023)
A person wishing to adopt a child is obliged to inform the Social Assistance Directorate of any change in circumstances relevant to the issuance of the permit.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The change in circumstances is entered in the information system under Article 83, Paragraph 1.
Revocation of the permit is carried out in the event of a substantial change in circumstances after a new social assessment.
Revocation of the permit is subject to appeal under the Administrative Procedure Code.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The entry and deletion are carried out by the Ministry of Labour and Social Policy on the basis of an order of the director of the Social Assistance Directorate for recording the change or deletion from the information system under Article 83, Paragraph 1.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The Ministry of Labour and Social Policy and the Social Assistance Agency take measures to protect personal data in the information system under Article 83, Paragraph 1 and the platform under Article 85, Paragraph 1.
Permission of Adoption
For the performance of the adoption, the consent of the following is required:
The consent of the mother may be given no earlier than 30 days after the birth.
The parents of the adopted person give consent also in cases where they are minors.
The consent of the persons under Paragraph 1, Items 2 and 3 is not required if they are minors or placed under guardianship.
In full adoption, the Social Assistance Directorate explains to the persons under Paragraph 1 the consequences of permitting the adoption before they express consent.
In incomplete adoption, the explanation is given by the court.
The persons under Paragraph 1 submit a declaration with notarised signature that the consent given by them is not linked to material benefit.
The adopted person, if he or she has not attained fourteen years of age, is heard by the court in accordance with the Child Protection Act.
An opinion on the adoption is given by:
The consent under Article 89 and the opinion of the persons under Article 90 may be given before the court personally, by declaration with notarised signature, or through a special representative.
The court may summon and hear personally some of these persons where it finds this necessary.
The adopted person gives his or her consent personally before the court.
In full adoption, where a parent gives his or her opinion personally, the parent and the adopter are heard in separate hearings, except in the cases under Article 82, Paragraph 2.
(New — SG No. 106 of 2023, in force from 22.12.2023)
The written consent of the parents of the adopted person in cases of full adoption is given by declaration in a standard form, annex to the ordinance under Article 83, Paragraph 4.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
A parent may withdraw previously given consent for full adoption by a statement with notarised signature until submission of the application for adoption under Article 95, Paragraph 5, respectively until giving consent for adoption by the adopter designated by the Council for International Adoption under the procedure of Article 114, Paragraph 7.
The statement is submitted to the Social Assistance Directorate with a copy to the Regional Directorate for Social Assistance.
Adoption without the consent of the parent is permitted where the parent persistently fails to care for the child and does not provide maintenance or raises and educates the child in a manner harmful to the child’s development.
(Amended — SG No. 24 of 2019, in force from 01.07.2020; amendment regarding entry into force — SG No. 101 of 2019; amended — SG No. 106 of 2023, in force from 22.12.2023)
Adoption without the consent of the parent is permitted where the child is placed in a social or integrated health-social service for residential care or a foster family and the parent, within a period of up to six months from the date of placement by administrative procedure under the Child Protection Act, without valid reason has not requested termination of the placement and return of the child or change of the measure and placement in a family of relatives or close persons under the Child Protection Act.
(New — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 24 of 2019, in force from 01.07.2020; amendment regarding entry into force — SG No. 101 of 2019; amended — SG No. 106 of 2023, in force from 22.12.2023)
Adoption without the consent of the parent is also permitted where the parent within the period under Paragraph 2 has requested termination of the placement and return of the child or change of the measure and placement in a family of relatives or close persons, but the conditions for this are not fulfilled due to lack of cooperation by the parents, the grounds under Article 25, Paragraph 1, Items 2, 3, or 4 of the Child Protection Act have not ceased, or there is no family of relatives or close persons that has expressed consent under Article 27, Paragraph 3 of the Child Protection Act.
(Former Paragraph 3 — SG No. 100 of 2010, in force from 21.12.2010)
In the cases under Paragraph 1, the parent is summoned in order to be heard by the court.
An Adoption Council shall be established at the Regional Directorate for Social Assistance.
(Amended — SG No. 98 of 2010, in force from 01.01.2011; amended and supplemented — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 24 of 2019, in force from 01.07.2020; amendment regarding entry into force — SG No. 101 of 2019)
The Chairperson of the Adoption Council shall be the Director of the Regional Directorate for Social Assistance.
Members of the Council shall be:
The authorities under Paragraph 2 shall also designate permanent substitutes of the members of the Council.
The Council shall meet weekly.
Decisions of the Council shall be adopted by open voting and by a majority of not less than two thirds of its members.
(Amended — SG No. 74 of 2009, in force from 01.10.2009; amended — SG No. 68 of 2013, in force from 02.08.2013)
The Minister of Labour and Social Policy shall issue rules governing the activities of the Council under Paragraph 1, coordinated with the Minister of Health, the Minister of Education and Science, and the Minister of Justice.
(Amended and supplemented — SG No. 82 of 2012)
For participation in each session of the Adoption Council, the members shall receive remuneration in an amount determined by the Minister of Labour and Social Policy, unless otherwise provided by law.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
Within one month from the entry of the child in the information system under Article 83, Paragraph 1, the Adoption Council shall designate suitable adopters for the child in accordance with the order of entry of adopters in the information system, their expressed preferences, and the circumstances relevant to the best interest of the child.
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed)
(Amended and supplemented — SG No. 106 of 2023, in force from 22.12.2023)
The Regional Directorate for Social Assistance shall notify in writing the first suitable adopter of the decision under Paragraph 1 and shall provide a report on the child.
The report shall be prepared in a standard form, annex to the ordinance under Article 83, Paragraph 4.
The decision of the Adoption Council shall be communicated to:
The Social Assistance Directorate at the child’s present address shall assist in facilitating personal contact between the adopter and the child.
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed)
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
Within one month from receipt of the notification, the adopter may submit an application for adoption to the court through the Regional Directorate for Social Assistance.
The Directorate shall forward the application for adoption together with the case file within three days from its receipt.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
If the notified adopter refuses the proposal in writing or fails to submit an application within the period under Paragraph 5, the Regional Directorate for Social Assistance shall, within 14 days, notify the next suitable adopter, the Social Assistance Directorate at the child’s present address, and the Social Assistance Directorate at the adopter’s permanent address.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
The refusal or failure to submit an application within the period under Paragraph 5 shall be entered by the Ministry of Labour and Social Policy in the information system under Article 83, Paragraph 1 following written notification from the respective Social Assistance Directorate.
(New — SG No. 106 of 2023, in force from 22.12.2023)
Where there are no suitable adopters entered in the information system for full adoption, where the Adoption Council cannot designate suitable adopters from among the entered persons, or where designated adopters have refused to adopt a child with a health condition, special needs, or of higher age, the Regional Directorate for Social Assistance shall take measures determined in the ordinance under Article 83, Paragraph 4.
The application for full adoption shall be submitted by the adopter through the Regional Directorate for Social Assistance whose Adoption Council designated the adopter, to the Regional Court at the seat of the Regional Directorate.
The application for full adoption under Article 82, Paragraphs 2 and 3 may be submitted by the adopter, by the parents of the adopted person, as well as by the adopted person if he or she has attained fourteen years of age, through the respective Regional Directorate for Social Assistance to the Regional Court at the permanent address of the applicant.
The application for incomplete adoption shall be submitted by the adopter to the Regional Court at the permanent address of the applicant.
(Amended — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 106 of 2023, in force from 22.12.2023)
The Regional Court shall examine the application for adoption in an open hearing behind closed doors within 14 days from its receipt.
The court shall require a report from the Social Assistance Directorate and shall collect evidence under the Civil Procedure Code.
The court shall hear the opinion of the prosecutor and shall issue a reasoned decision.
Adoption shall be permitted if it is in the interest of the adopted person.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
The decision shall be announced in the court hearing and, after entering into force, shall be sent ex officio to the municipality at the permanent address of the adopter, as well as to the respective Regional Directorate for Social Assistance, and where the adopter is a foreigner — to Sofia Municipality and the Ministry of Justice.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
The decision under Article 97, Paragraph 1 may be appealed by the adopter, the parents of the adopted person (except in the cases under Article 100, Paragraph 2), the adopted person, and the prosecutor before the Court of Appeal within seven days from announcement of the decision.
Where the adopted person has attained fourteen years of age, he or she may appeal the decision personally.
Within 14 days from receipt of the appeal, the court shall rule in an open hearing behind closed doors by a decision that shall be final.
The provisions of Articles 77–98 shall also apply to adoption of a child with habitual residence in the Republic of Bulgaria, as well as to adoption by a foreigner with habitual residence in the Republic of Bulgaria.
Effects of Adoption
Adoption may be full or incomplete.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
Adoption shall always be full:
In all other cases, adoption may be full or incomplete.
The type shall be determined by the persons whose consent is required under Article 89.
In full adoption, rights and obligations arise between the adopted person and his or her descendants, on the one hand, and the adopter and his or her relatives, on the other, as between relatives by origin, and the rights and obligations between the adopted person and his or her descendants and their relatives by origin shall be terminated.
The impediments to marriage due to kinship under Article 7, Paragraph 2, Items 1 and 2 shall not be removed.
The court shall order the drawing up of a new birth certificate in which the adopter shall be entered as parent.
The certificate shall be drawn up by the civil status officer in the municipality, mayoralty, or district at the permanent address of the adopter, and where there are two adopters — at the address specified in the court decision.
In incomplete adoption, rights and obligations as between relatives by origin arise only between the adopted person and his or her descendants, on the one hand, and the adopter, on the other, and the rights and obligations between the adopted person and his or her descendants and their relatives by origin shall be preserved.
Parental rights and obligations shall pass to the adopter.
The biological parents shall owe maintenance if the adopter is unable to provide it.
The biological parents shall not inherit the adopted person.
In adoption of a child by the spouse of a parent, the rights and obligations between that parent and his or her relatives, on the one hand, and the adopted person and his or her descendants, on the other, shall be preserved.
(Repealed — SG No. 106 of 2023, in force from 22.12.2023)
(Repealed)
(Former text of Article 104, amended — SG No. 106 of 2023, in force from 22.12.2023)
For a period of three years from the full adoption, the Social Assistance Directorate at the adopter’s present address shall monitor the upbringing of the child and the observance of his or her rights and lawful interests.
(New — SG No. 106 of 2023, in force from 22.12.2023)
The adopters and the adopted person shall have the right to use social services during the adoption procedure and after adoption, taking into account the report of the case-leading social worker when referred by the Social Assistance Directorate.
(Amended — SG No. 100 of 2010, in force from 21.12.2010; amended — SG No. 106 of 2023, in force from 22.12.2023)
The adopters, the adopted person who has attained eighteen years of age, his or her descendants, and the spouse may request from the Regional Court that rendered the decision permitting the adoption to be provided with information regarding the origin of the adopted person.
The Regional Court, in a court hearing behind closed doors, after notifying the biological parents of the adopted person of the proceedings without their presence and after hearing the opinion of the prosecutor, shall rule by decision.
Notification of the biological parents shall not be carried out where they cannot be identified under the Civil Procedure Code or are deceased.
The decision of the Regional Court may be appealed by the applicant and protested by the prosecutor.
State authorities and local self-government bodies that store information regarding the date, case number, and court that permitted the adoption shall be obliged to provide it to the person requesting the information in order to exercise the right under Paragraph 1, as well as information regarding the origin of the adopted person or relating personally to him or her, where the court has permitted disclosure by judicial decision.
(New — SG No. 106 of 2023, in force from 22.12.2023; repealed — SG No. 26 of 2025, in force from 01.01.2025)
(Repealed)
Termination of Adoption
Adoption shall be terminated by the Regional Court in the following cases:
An action for annulment of the adoption due to violation of Article 89, Paragraph 1, Items 1, 2 and 4, and Paragraph 3 may be brought by the person whose consent has not been given, within a one-year period.
For the adopter and for each of the parents of the adopted person, the period shall run from the date of becoming aware of the adoption.
For the adopted person, the period shall run from attaining majority or from becoming aware of the adoption, where this occurs later.
The same rule shall apply where consent has been given as a result of mistake, fraud, or coercion, as well as in cases of violation of Article 89, Paragraph 2.
An action for annulment of adoption due to violation of Article 82, Paragraph 1, Item 1 may be brought by the adopter, the adopted person, and each of the parents of the adopted person within one year from the permission of the adoption.
In the remaining cases of voidability, termination may be requested by the adopter, the adopted person, and each of the parents of the adopted person until the adopted person attains majority.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
In the cases under Paragraph 1, Item 2, the court shall request an opinion from the Social Assistance Directorate at the adopter’s present address when the procedure for termination of full adoption is initiated during the post-adoption monitoring period under Article 104.
In all other cases, prior to examining the claim, the court shall order an expert assessment by the Social Assistance Directorate regarding the degree of disruption of the relations between the adopter and the adopted person.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
The prosecutor shall have the right to request termination of adoption in protection of the public interest.
In the cases under Paragraph 1, Item 1, the action shall be brought within the periods under Paragraphs 3 and 4, and under Paragraph 1, Item 2 — until the child attains majority.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
The Social Assistance Directorate shall have the right to request termination of adoption under Paragraph 1 where it contradicts the interests of the child.
In the cases under Paragraph 1, Item 1, the action shall be brought within the periods under Paragraphs 3 and 4, and under Paragraph 1, Item 2 — until the child attains majority.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
Adoption may be terminated by the District Court by mutual consent of the adopter and the adopted person, where both are legally capable and the adopted person has attained 25 years of age.
(New — SG No. 100 of 2010, in force from 21.12.2010)
In proceedings for termination of adoption, except for the cases under Paragraph 8, the prosecutor shall participate.
In cases of full adoption, the court may terminate the adoption at the request of the adopted person, his or her parents, guardian, trustee, or the Social Assistance Directorate, where the sole adopter or both adopters have died, the adopted person has not attained majority, and termination is required in the interests of the child.
In cases of incomplete adoption, if the adopter dies, or if the adopted person dies without leaving descendants, the adoption shall be terminated, and the surviving party shall inherit the deceased.
Where the death of the adopter or the adopted person occurs during the course of proceedings for termination of adoption under Article 106, Paragraph 1, the case may be continued by the heirs of the claimant.
If the court upholds the claim, the guilty surviving adopter or adopted person shall not inherit the deceased.
The effects of adoption shall cease upon its termination.
Special Rules on Intercountry Adoption
A child with habitual residence in the Republic of Bulgaria may be adopted by a person with habitual residence abroad where the possibilities for adoption in the country have been exhausted and the child has been entered in the register under Article 113, Paragraph 1, Item 1, except in the cases under Article 82, Paragraph 2.
The adoption of a Bulgarian citizen child with habitual residence in another state shall be carried out in compliance with the requirements of the legislation of that state.
A person with habitual residence abroad may adopt a child with habitual residence in the Republic of Bulgaria if entered in the register under Article 113, Paragraph 1, Item 2, except in the cases under Article 82, Paragraph 2.
A person under Paragraph 1 may not adopt a child with habitual residence in the Republic of Bulgaria if he or she has habitual residence in a state that will not recognize the decision of the Bulgarian court permitting the adoption.
The Ministry of Justice shall exercise the functions of a central authority provided for in the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, concluded in The Hague on 29 May 1993, ratified by law (SG No. 16 of 2002), promulgated (SG No. 78 of 2002), hereinafter referred to as the “Hague Convention”.
The Minister of Justice shall:
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
Where the adoption of a child with habitual residence in the Republic of Bulgaria has been carried out in accordance with the Hague Convention, the Minister of Justice or a person authorized by him or her shall certify this.
The Minister of Justice shall issue an opinion in the cases under Article 110, Paragraph 2, where the legislation of the state of the child’s habitual residence requires a decision by the Bulgarian central authority for intercountry adoption.
Where violations of the rights and lawful interests of the adopted person are established within two years from the permission of the adoption, the Minister of Justice shall notify the competent authorities of the state of the adopter’s habitual residence.
(Amended — SG No. 106 of 2023, in force from 22.12.2023)
Where there are no suitable adopters entered in the register, the Intercountry Adoption Council cannot designate suitable adopters from among the entered persons, or the designated adopters have refused to adopt a child with a health condition, special needs, or over seven years of age, the Minister of Justice shall take the measures determined in the ordinance under Article 113, Paragraph 5.
The Ministry of Justice shall maintain:
(Amended and supplemented — SG No. 106 of 2023, in force from 22.12.2023)
The Adoption Council under Article 94 shall notify the Intercountry Adoption Council for entry of a child in the register under Paragraph 1, Item 1, where within six months from entry of the child in the information system under Article 83, Paragraph 1, at least three adopters have been designated under Article 95 and none has submitted an application for adoption, or where despite reasonable efforts it has not been possible to designate a suitable adopter.
(New — SG No. 106 of 2023, in force from 22.12.2023)
The period under Paragraph 2 shall not apply in cases concerning children over seven years of age, children with disabilities, or adoption of siblings.
(Former Paragraph 3, amended — SG No. 106 of 2023, in force from 22.12.2023)
The entry of the child in the register under Paragraph 1, Item 1 shall be recorded in the information system under Article 83, Paragraph 1 and shall not preclude the respective Adoption Council from designating a suitable adopter.
(Former Paragraph 4 — SG No. 106 of 2023, in force from 22.12.2023)
The content and procedure for maintaining the registers under Paragraph 1 shall be determined by an ordinance of the Minister of Justice.
(New — SG No. 100 of 2010, in force from 21.12.2010; former Paragraph 5 — SG No. 106 of 2023, in force from 22.12.2023)
Fees shall be paid for entry in the registers under Paragraph 1, Items 2 and 3, in amounts determined by a tariff of the Council of Ministers.
(Amended — SG No. 74 of 2009, in force from 01.10.2009; amended — SG No. 68 of 2013, in force from 02.08.2013; amended — SG No. 106 of 2023, in force from 22.12.2023)
An Intercountry Adoption Council shall be established at the Ministry of Justice, consisting of a Chairperson — Deputy Minister of Justice, and members — one representative each of the Ministry of Justice, the Ministry of Health, the Social Assistance Agency, the Ministry of Labour and Social Policy, the Ministry of Foreign Affairs, and the State Agency for Child Protection.
The Chairperson and each member shall have one deputy.
The Council shall meet not less than three times per month.
Decisions shall be adopted by open voting and by a majority of not less than two thirds of the members.
The Minister of Justice shall determine the nominal composition of the Council under Paragraphs 1 and 2 upon proposal by the heads of the respective institutions and shall issue rules governing its activities.
(Amended and supplemented — SG No. 82 of 2012)
For participation in each session, members shall receive remuneration in an amount determined by the Minister of Justice, unless otherwise provided by law.
Within 60 days from entry of the children in the register, the Intercountry Adoption Council shall examine applications for designation of a suitable adopter in accordance with the criteria under Article 95, Paragraph 1.
For designation of an adopter, the Council shall discuss all suitable applications.
The Intercountry Adoption Council shall:
(Amended — SG No. 74 of 2016, in force from 01.01.2018)
Mediation in intercountry adoption may be carried out by a non-profit legal entity for public benefit activity, hereinafter referred to as an “accredited organization”, which has obtained a permit from the Minister of Justice.
A foreign non-profit legal entity accredited for mediation in intercountry adoption by a foreign authority may carry out its activity in the Republic of Bulgaria only through a branch that has obtained a permit from the Minister of Justice for mediation with the respective state.
The Minister of Justice shall determine by ordinance the conditions and procedure for issuance and revocation of permits and for the activities of accredited organizations, including their termination.
(Supplemented — SG No. 106 of 2023, in force from 22.12.2023)
The Minister of Justice or a person authorized by him or her shall grant consent for adoption of a child with habitual residence in the Republic of Bulgaria by an adopter proposed by the Intercountry Adoption Council.
The Minister of Justice shall refuse to grant consent where:
In the cases under Paragraph 2, the Intercountry Adoption Council shall make a new proposal.
A fee shall be paid for granting consent for adoption, in an amount determined by a tariff of the Council of Ministers.
Where consent under Article 117 has been granted, the Ministry of Justice shall forward the application for adoption to the Sofia City Court.
The case shall be examined under the procedure of Article 97.
(Amended — SG No. 100 of 2010, in force from 21.12.2010)
The decision under Paragraph 1 may be appealed under the procedure of Article 98.
The Minister of Justice shall have the right to request termination of adoption where the grounds and time limits under Article 106, Paragraphs 1 and 7 are present.
The Minister of Justice shall bring an action for termination of adoption where the decision of the Bulgarian court permitting the adoption is not recognized in the receiving state.
The Minister of Justice shall take the necessary measures to protect personal data.
An application for issuance of a permit for mediation in intercountry adoption shall be submitted to the Minister of Justice.
The permit shall be issued for a term of five years.
A fee shall be paid for examination of the application for issuance of a permit, in an amount determined by a tariff of the Council of Ministers.
Revocation of the permit shall be carried out upon a reasoned proposal of the Intercountry Adoption Council.
RELATIONS BETWEEN PARENTS AND CHILDREN
(New — SG No. 100 of 2010; amended — SG No. 115 of 2025)
(New — SG No. 67 of 2023; amended — SG No. 52 of 2025)
Upon restriction of parental rights through placement of the child outside the family or upon deprivation of parental rights, the court shall determine:
In cases under Articles 131 and 132, the court shall notify ex officio the municipality at the parent’s permanent address for registration of deprivation, restoration, or amendment under Article 135. A copy of the decision shall also be sent to the Social Assistance Directorate at the child’s present address, which shall take appropriate measures and, where necessary, propose establishment of guardianship or trusteeship.
In proceedings under this Chapter, the child shall be heard under the conditions of Article 15 of the Child Protection Act.
(New — SG No. 115 of 2025, in force from 30.12.2025)
The court before which proceedings concerning parental rights are pending may, at any stage of the proceedings, ex officio or upon request of either party, determine or amend interim measures under this Code and in accordance with Article 323 of the Civil Procedure Code, including where a prior decision under Articles 59 and 127 has been issued. Until the conclusion of the proceedings, the interim measures shall apply in lieu of the prior decision under Articles 59 and 127.
MAINTENANCE
A person who is incapable of work and cannot support himself or herself from his or her property shall have the right to maintenance.
A person obliged toward several persons entitled to maintenance shall provide it in the following order:
Parents shall owe maintenance to their adult children if they are enrolled in regular secondary or higher education for the statutory duration of study, until attaining twenty years of age for secondary education and twenty-five years of age for higher education, provided they cannot support themselves from income or property and the parents can provide maintenance without undue difficulty.
Any waiver of maintenance for future periods shall be null and void.
Set-off against a maintenance obligation shall not be permitted.
Maintenance for past periods may be claimed for no more than one year prior to filing the claim.
Where circumstances change, awarded maintenance or an additional amount thereto may be amended or terminated.
GUARDIANSHIP AND TRUSTEESHIP
The guardianship and trusteeship authority shall be the mayor of the municipality or an official designated by him or her.
The guardianship and trusteeship authority at the permanent address of the person shall appoint a trustee and deputy trustee from among the persons under Article 156 who have given written consent.
The actions of the guardianship and trusteeship authority, as well as a refusal to establish guardianship or trusteeship or to take the measures under Article 159, may be appealed by the interested persons or by the prosecutor before the district court. The Social Assistance Directorate shall also have this right in cases concerning children. The decision of the district court shall be on the merits and shall not be subject to appeal.
The guardianship and trusteeship authority shall assist the guardian and the trustee in the performance of their duties. Where the person placed under guardianship or trusteeship is a child, such assistance shall also be provided by the Social Assistance Directorate.
(New — SG No. 106 of 2023, in force from 22.12.2023)
A child placed under guardianship or trusteeship shall have the rights under Article 124, Paragraphs 1 and 3.
ADMINISTRATIVE PENAL PROVISIONS
“Family dwelling” within the meaning of this Code shall be the dwelling inhabited by both spouses and their underage children.
“Repeated” within the meaning of this Code shall be a violation committed within a period of one year from the entry into force of the penal decree by which a penalty has been imposed on the offender for the same type of violation.
(New — SG No. 115 of 2025, in force from 30.12.2025)
“Travel of the child” within the meaning of this Code shall be a short-term departure from the territory of the Republic of Bulgaria which does not lead to a change of the child’s place of residence to another state.
The Family Code (promulgated, SG No. 41 of 1985; amended, No. 11 of 1992; corrected, No. 15 of 1992; amended, Nos. 63 and 84 of 2003, No. 42 of 2005, No. 30 of 2006, and No. 59 of 2007) is hereby repealed.
Within one month from the entry into force of this Code, the General Directorate “Civil Registration and Administrative Services” at the Ministry of Regional Development and Public Works shall provide the Registry Agency with free access to the data from the automated information funds of the Unified System for Civil Registration and Administrative Services of the Population at national level.
In the Code of Private International Law (promulgated, SG No. 42 of 2005; amended, SG No. 59 of 2007), the following amendments shall be made to Article 84:
In the Civil Procedure Code (promulgated, SG No. 59 of 2007; amended, SG No. 50 of 2008, Constitutional Court Decision No. 3 of 2008 — SG No. 63 of 2008; SG No. 69 of 2008; SG Nos. 12, 19 and 42 of 2009), in Article 327, Paragraph 1, first sentence, the word “ascendants” shall be replaced by “parents”.
In the Criminal Code (promulgated, SG No. 26 of 1968; … [legislative history as cited]), in Article 183, Paragraph 1, after the word “punished” the words “with imprisonment of up to one year or” shall be added.
In the Civil Registration Act (promulgated, SG No. 67 of 1999; … [legislative history as cited]), the following amendments and supplements shall be made:
In the Child Protection Act (promulgated, SG No. 48 of 2000; … [legislative history as cited]), the following supplements shall be made:
In the Bulgarian Identity Documents Act (promulgated, SG No. 93 of 1998; … [legislative history as cited]), in Article 76, Item 9, a second sentence shall be created:
“Where there is disagreement between the parents, the dispute shall be resolved in accordance with Article 123, Paragraph 2 of the Family Code.”
In the Notaries and Notarial Activity Act (promulgated, SG No. 104 of 1996; … [legislative history as cited]), the following amendments and supplements shall be made:
In the Act on Combating Anti-Social Behaviour of Minors and Juveniles (promulgated, State Gazette, Issue No. 13 of 1958; … [legislative history as cited]), in Article 15, Paragraph 7, the words “Articles 74–76” shall be replaced by “Articles 131, 132 and 134”.
In the Inheritance Act (promulgated, SG No. 22 of 1949; … [legislative history as cited]), in Article 5, Paragraph 3, the words “Article 62” shall be replaced by “Article 102”.
This Code shall enter into force on 1 October 2009.
The Act was adopted by the 40th National Assembly on 12 June 2009 and was affixed with the official seal of the National Assembly.
(Prepared on behalf of Black Sea Law Counsel / BSLC)
This English-language translation of the Family Code and the Inheritance Act of the Republic of Bulgaria is unofficial and has been prepared exclusively for informational, educational, and reference purposes.
The translations are intended to assist foreign nationals, international professionals, academics, legal practitioners, and English-speaking residents in understanding the structure, terminology, and legal framework governing family relations, marriage, parentage, adoption, maintenance, guardianship, inheritance, succession, heirs, testamentary dispositions, and related private-law institutions under Bulgarian law.
These documents do not have legal force and do not replace the official Bulgarian-language texts of the Family Code and the Inheritance Act as promulgated in the State Gazette of the Republic of Bulgaria.
In the event of any discrepancy, inconsistency, omission, ambiguity, or divergent interpretation between these English translations and the official Bulgarian-language texts, the Bulgarian-language versions shall prevail.
Although every effort has been made to ensure accuracy, terminological consistency, structural fidelity, and a faithful 1:1 rendering of the statutory texts, Black Sea Law Counsel (BSLC) expressly disclaims any and all liability for:
These translations are provided solely for orientation and reference purposes.
Persons relying on these materials are strongly advised to:
Use of these translations is entirely at the reader’s own risk.
(Used throughout the English translations of the Family Code and the Inheritance Act)
Repealed provisions are explicitly marked and retained for historical and structural completeness only.
Ellipses (…) are never used inside statutory text, only in commentary.
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