VAGDALT v. HUNGARY

FOURTH SECTION Application no. 9525/19 István VAGDALT against Hungary lodged on 6 February 2019 STATEMENT OF FACTS Communicated on 29 May 2020 Published on 15 June 2020 The applicant, Mr István Vagdalt, is a Hungarian national, who was born in 1961 and lives in Répcelak. A. The circumstances of the case 1. The facts of the case, as submitted by the applicant, may be summarised as follows. 2. Between 2000 and 2005 the applicant had an extramarital relationship with E.R. During that time E.R. was married to Cs.H. On 27 September 2002 E.R. gave birth to a girl, C. 3. C. was entered in the birth register as the daughter of E.R. and her husband, Cs.H., pursuant to section 36 of Act no. IV of 1952 on Marriage, Family and Guardianship as in force at the material time (hereinafter “the old Family Act”). This provision laid down the legal presumption that a child born in wedlock is presumed to be fathered by the mother’s husband. 4. The applicant had contact with C. until 2005, when the relationship between E.R. and the applicant terminated. 1. First set of proceedings for the rebuttal of Cs.H.’s paternity 5. Since under the law the applicant was not entitled to initiate proceedings in his own name, on 8 May 2006 he requested the Guardianship VAGDALT v. HUNGARY – STATEMENT OF FACTS AND QUESTIONS Authority to appoint a guardian ad litem for C. so that the guardian could file an action with a view to rebutting Cs.H.’s paternity. 6. The applicant’s request was...