GREECE Law and Practice Contributed by: Fotodotis Malamas, Bernitsas
9. Planning for Non-Traditional Families 9.1 Children According to the Greek Civil Code, a person’s relation - ship with their mother is established solely by birth, and that with their father is presumed from the mar - riage of the mother to the father, or established by means of voluntary or court-imposed acknowledge - A father may acknowledge a child born out of wed - lock as his own, provided that the mother consents. Where a mother has died or has no legal capacity to consent, the acknowledgment will be effected by the sole declaration of the father. An acknowledgment by a father or his parents takes place by means of a declaration made before a notary public or in a last will and testament. The consent of a mother is given by means of a declaration before a notary public. ment of the child by the father. Acknowledgment of Paternity A mother has the right to demand the acknowledge - ment of the paternity of her child born out of wedlock through legal action directed against the father or his heirs, subject to a five-year statute of limitations start - ing from the child’s date of birth. The right of a child to demand acknowledgement expires one year after adulthood commences, and the rights of a father or his parents expire two years after a mother’s refusal to give consent. Establishing Paternity Paternity is presumed where it is established that the person against whom paternity is alleged had inter - course with the mother during the time period in which the child was conceived. Where a child is born out of wedlock, a court may, at the request of the mother, order the father whose paternity has been judicially established (even if the child is stillborn) to: • pay expenses relating to the child’s birth; or • provide for the maintenance of the mother, in so far as she is unable to provide for herself for the two months preceding childbirth and the four months thereafter or, in the event of special circumstances, for a maximum duration of one year.
8.4 Elder Law Public Welfare System
In Greece, the main institution by which families and individuals prepare financially for a longer lifespan is the public welfare system, which provides essential and supplementary or auxiliary protection. Some local authorities also provide home care ser - vices, although the entitlement to and availability of these services are not always clear. Τhe State has taken measures to increase community care services for the elderly so that they can remain in their own homes for as long as possible. Care of Dependent Relatives The Constitution and civil law states that the family is responsible for the care of dependent relatives of all ages, and that the State is responsible for the health of its citizens, adopting special measures for the pro - tection of young people, the elderly and persons with disabilities, as well as providing assistance to disad - vantaged members of society. There is no insurance covering long-term care in Greece. Some local authorities provide home-help services to elderly people requiring care. Discretionary grants and benefits are also available in some areas. Help-at-Home Project Many KAPI centres collaborate with the Help-at-Home project, which offers a range of services to elderly peo - ple who are unable to manage independently, such as: • social services; • healthcare services; and • family assistance. Apart from the Public Care System, the Greek State does not provide for other means that may help fami - lies and individuals prepare financially for longer lives.
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