Several Remarks on the Parental Authority of the Father of a Conceived Child in the Polish Family Law

The issue of parenthood exercised during the prenatal phase of a child’s life is currently gaining increasing prominence in fields such as psychology and prenatal pedagogy. Studies conducted within these disciplines indicate that bonds between the parents and the child are established even before birth, influencing the child’s subsequent development and their relationship with their parents. Alongside societal changes, advancements in medical sciences also provide a significant impetus for research into the legal aspects of prenatal paternity. On the one hand, the range of practical situations in which decisions and actions regarding a conceived child are undertaken is constantly expanding; on the other hand, existing legal provisions do not explicitly designate the entity or entities authorised to make these decisions and take these actions. Although the prevailing view in legal doctrine is that parental authority commences at the birth of a child, it should be presumed that the parents of a child still in the prenatal period are entitled of some attributes of that authority. This follows from the perspective on the possibility of confirming parental legal bonds during the prenatal period.