Article 73 of the Saudi Personal Status Law

المادة 73 من نظام الأحوال الشخصية · الفصل الثاني: النسب

A man may deny the lineage of a child established by birth within the marriage contract only through li'an, by a claim filed within 15 days of learning of the birth, with no prior acknowledgment of his paternity.

Official text (Arabic)

This article has not been amended since the law was issued.

في الأحوال التي يثبت فيها نسب الولد بالولادة في عقد الزواج، فليس للرجل أن ينفي نسب الولد إليه إلا باللعان من خلال التقدم بدعوى، إذا توافر الشرطان الآتيان:

1- أن يتم تقديم الدعوى خلال (خمسة عشر) يوماً من تاريخ علمه بالولادة.

2- ألا يتقدم النفي إقرار بأبوته صراحة أو ضمناً.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 73 explained in plain English

This article regulates the only way open to a man to deny the lineage of a child whose lineage to him was established by birth within the marriage contract, which is li'an, and which is done only by filing a claim with the court.

Two conditions must both be met for this to be accepted:

The time limit: the claim must be filed within 15 days of the date he learned of the birth. What counts is the date of knowledge, not the date of the birth itself.
No prior acknowledgment: the man must not have acknowledged his paternity of the child before the denial, expressly or implicitly. If something emanates from him that indicates his acceptance of paternity, he may no longer deny it.

This article comes after Article 72, which prevents hearing a claim to deny lineage established under Article 67, so it regulates the route of denial by li'an in the case of birth within the marriage contract.

The procedures for a li'an claim are detailed in Article 74, including DNA testing if the woman agrees to it, and the oaths of li'an before the court. Article 75 explains the effects of li'an. The article does not specify the forms of implicit acknowledgment, so assessing this is for the court, and it is advisable to consult a lawyer specializing in personal status matters before the period passes.

Practical example

A husband in Taif learned of the birth of a child to his wife and doubted his lineage. If he wants to deny lineage, he must file a li'an claim within 15 days of learning of the birth, and there must have been no express or implicit acknowledgment of his paternity from him before that.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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