How to Establish Paternity if the Child Was Registered Under the Mother's Surname at Birth

How to Establish Paternity if the Child Was Registered Under the Mother's Surname at Birth

Establishing paternity is an important step in every child's life, as it gives them the right to social protection, alimony, inheritance, and pensions in case of losing the breadwinner. If the child was registered under the mother's surname at birth, paternity can be established either voluntarily through the Civil Registry Office (DRAСS) or through court proceedings. It is important to know that the process of establishing paternity can be complex and requires proper legal formalization.

If the father did not acknowledge the child or has passed away, paternity can still be challenged and proven through the court. The court takes into account testimonies, expert opinions, genetic tests, and other documents that can confirm the fact of kinship. This is important to ensure the child has access to the rights they are entitled to, particularly regarding inheritance and social benefits.

Establishing paternity is a legal act that can be carried out in several stages. It is necessary to properly prepare all the documents and apply to the registration authorities or the court. In case of difficulties, it is important to consult a lawyer who can help correctly formulate the claim, prepare the necessary evidence, and provide support throughout the court process.

How to Establish Paternity Through DRAСS

Establishing paternity through DRAСS is the simplest and fastest way to legally recognize the father of a child without involving the court. However, this method is only possible if the father voluntarily agrees to acknowledge paternity and is registered as the child's father.

For this, the father must apply to the DRAСS with a request to establish paternity. After that, the corresponding information will be entered into the birth register, and the child will officially be recognized as the father's child. This process does not require court involvement and takes relatively little time.

How to Establish Paternity Through Court

If the father does not acknowledge paternity or refuses to register himself with DRAСS, the issue can be resolved through the court. The court process for establishing paternity involves several stages and requires the presentation of evidence that proves biological paternity.

Key Stages of Establishing Paternity Through Court:

1. Preparation of the Claim: The first step is preparing the claim to the court, which includes gathering documents, testimonies, and other evidence such as genetic tests.
2. Filing the Claim with the Court: The claim is submitted to the court at the defendant's place of residence or according to another procedure defined by law.
3. Hearing the Case in Court: The court hears the claim, listens to testimonies, examines evidence, and considers genetic tests.
4. Court Decision: After reviewing the case, the court issues a decision on establishing paternity based on the provided evidence.

Benefits and Importance of Establishing Paternity

Establishing paternity is an important legal step that guarantees the child access to all rights they are entitled to by law. These include the right to inheritance, social payments, pensions in case of losing the breadwinner, and the right to have paternal obligations recognized.

Additionally, establishing paternity provides legal certainty for the father, which is important for the distribution of financial obligations, particularly alimony payments. Fathers who decide to establish paternity can enter into agreements regarding the child's upbringing, their financial support, and even custodial matters in case of divorce or other complex situations.

Questions and Answers

Legal Consultation: Our specialists will help you prepare the claim and provide necessary support during the paternity establishment process.

Evidence Preparation: We will help collect necessary evidence, including genetic tests for establishing paternity.

Court Representation: Our lawyers will provide court representation and ensure proper protection of your interests.