
The commentary concerns the Supreme Court’s decision on the admissibility of dismissing the prosecutor’s action in a case to establish the ineffectiveness of paternity recognition
owing to inconsistency with the principles of social coexistence, if the recognition takes place after the birth of a child. The author points out that the ratio decidendi of the resolution is too restrictive and may consequently be misleading. The clarification: “done after the child was born” should be removed from the ratio decidendi. Each prosecutor’s legal action is subject to assessment on the basis of its compliance with the principles of social coexistence, so is also a legal action to determine the ineffectiveness of paternity recognition no matter if it takes
place before or after the child is born or even before the conception.