Publication date: 13.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
1. Regulatory base:
1.1. Code of Ukraine on Marriage and Family: This law defines the legal status of the family and defines the rights and obligations of its members. It also contains provisions for establishing and contesting paternity.
1.2. Civil Code of Ukraine: This law contains norms regulating legal relations between persons in civil society, including issues of paternity and its establishment.
1.3. International conventions: Ukraine is a party to some international conventions, which may also be important for solving issues related to paternity and its contestation. For example, the Convention on the Rights of the Child.
1.4. Case law and court decisions: Previous court decisions and case law can also influence the paternity dispute process, as they can provide guidance on how to interpret the law and decide similar cases.
1.5. Other regulations: Additional laws, orders and regulations may also be relevant in cases of contested paternity, particularly in cases where they relate to DNA testing procedures or other issues related to establishing paternity.
2. In which bodies can paternity be disputed:
2.1. Court system: Paternity disputes are carried out in court. The body in which you can file a lawsuit regarding paternity disputes is the court of the relevant jurisdiction. Depending on the specific circumstances of the case, it can be a local general court, district or regional court.
2.2. Legal capacity: A person who wishes to dispute his paternity must be of legal age or have the status of legal capacity by a court decision. In cases where children have limited legal capacity or are minors, their legal representatives (parents or guardians) can file a lawsuit on their behalf.
2.3. Conditions for submitting an application: Paternity can be challenged on the basis of certain conditions defined by law. This can usually be when there are serious doubts about paternity, for example, when there is a suspicion of differences between the biological characteristics of the child and the legal parents, or when there are witnesses or documents that testify to other circumstances that may affect the establishment of paternity. Grounds for disputing paternity may vary depending on the specific situation and legislation.
3. Grounds and procedure for disputing paternity price:
3.1. Disputing paternity claim: The first step in the process of disputing paternity is to prepare a statement of claim. In this statement, the person who wishes to dispute his paternity notes all the circumstances of the case, grounds and evidence on which he bases his claims. Usually, a proposal to resolve the case is also indicated, for example, conducting a DNA examination.
3.2. Filing a claim in court: when a claim to dispute paternity is filed ready, it is submitted to the court of the relevant jurisdiction. The application must be submitted in writing in accordance with the requirements of procedural legislation.
3.3. Court consideration: The court considers the lawsuit regarding paternity disputes in compliance with all procedural norms. If necessary, the court can order a DNA examination to establish paternity.
3.4. Presentation of evidence: During the trial, the parties have the opportunity to present testimony and evidence that supports their arguments regarding the paternity dispute. It can be testimony of persons, documents or other evidence.
3.5. Court verdict: After considering all the circumstances of the case, the court issues a verdict. If the claim is satisfied, the court may recognize the paternity of the disputed person, or vice versa - reject the claim. The court's decision can be challenged in the appeal procedure.
3.6. Execution of the sentence: In the case of a court decision to dispute paternity, appropriate changes are made to official documents (for example, birth certificates) and all other requirements established by the court are met.
