Establishing parenthood in case of loss of mother's documents

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Melnychenko Svitlana Vasylivna

Lawyer

Ukraine / Kiev region

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Publication date: 29.03.2025

Initial Data: a married couple who had been in a common-law marriage sought legal assistance. The wife was in the final stages of pregnancy.

Problem: the mother lost all her documents in a fire and was unable to restore them, as she was born in a foreign country and had no relatives or close contacts.

Solution: establishment of paternity through the court.

Achieved Results: registration with the Children's Affairs Service, whose representative later testified in court in support of the couple.

Preparation of documents for submission to the court and involvement of witnesses.

Outcome: legal recognition of paternity. Protection of the newborn's rights. Recommendations provided to the mother on further steps to restore her lost identity documents.

Establishment of Maternity Through the Court Due to Lost Documents

If a mother loses documents confirming her maternity or if there are no records in civil status registers, maternity can be legally established through the court. Judicial recognition of maternity is necessary in the following cases:

• The woman gave birth to a child but lost documents confirming this fact.
• The birth certificate lacks a record of the mother or contains incorrect information.
• Maternity needs to be established or restored for inheritance, social benefits, or other legal rights of the child.
• The child's documents list another person who is not the biological mother.

Who Can File a Maternity Recognition Lawsuit?

• The woman who is the biological mother of the child.
• The child if they have reached the age of 18.
• The child’s guardian or custodian.
• Guardianship and custody authorities if required to protect the child's rights.

Required Documents for Filing a Lawsuit:

1. Statement of claim (description of the situation, reasons for document loss, justification of the claims).
2. Documents confirming the mother-child relationship (medical certificates, hospital records, photographs, witness testimonies).
3. Proof of cohabitation of the mother and child (registration certificates, information about child care, financial support, etc.).
4. Birth certificate of the child (if available, even if the mother’s name is missing).
5. Witness testimonies (relatives, doctors, neighbors who can confirm the birth and upbringing of the child).
6. DNA test results (not mandatory but can serve as strong evidence).

The court process begins by filing a lawsuit at the place of residence of the claimant or the child. The court reviews all submitted evidence, witness testimonies, and expert opinions. If necessary, a genetic (DNA) test may be appointed. Based on the analysis of all evidence, the court issues a decision on maternity recognition.

Once maternity is established through the court, the woman officially receives legal mother status, and the child gains all related legal rights (citizenship, surname, inheritance rights). This also enables access to social benefits and child support if needed.

Restoration of Lost Identity Documents If the Person Was Born in Another Country

Restoring lost identity documents for individuals born abroad can be a complex process, especially if the documents were issued outside Ukraine. The procedure depends on the issuing country, its participation in international agreements, and the availability of supporting documents.

Key documents:

1. Birth certificate.
2. Ukrainian citizen passport or foreign passport.
3. Documents confirming Ukrainian citizenship (if the person is a Ukrainian citizen).

Contacting Diplomatic Institutions

If the person is in Ukraine or another country, the first step is to contact the consulate or embassy of their birth country.

• The consulate may issue a duplicate birth certificate or a certificate confirming the fact of birth.
• In some cases, a request must be made to the civil registry authorities of the country of birth.
• If the country is a party to the Hague Convention (1961), documents may require an apostille.

Obtaining a New Ukrainian Passport

If the person is a Ukrainian citizen, they must restore their passport by:

1. Submitting an application to the State Migration Service (SMS).
2. Providing all available supporting documents (copies of old documents, certificates, witness testimonies).
3. Undergoing an identity verification procedure if necessary (e.g., with witness involvement).

Translation and Legalization of Documents

If a recovered document is obtained in another country, it must be translated into Ukrainian, notarized, and legalized or apostilled (depending on the country of origin).

Official Request to Foreign Authorities

If a person cannot access their country’s consulate, they may submit an official request to the civil registry office in their country of birth. Requests can often be processed through the Ministry of Foreign Affairs of Ukraine or lawyers specializing in international law.

If obtaining a birth certificate from the country of birth is impossible, the person may apply to a Ukrainian court to establish the fact of birth. The court may consider witness testimonies, archival records, hospital certificates, and other documents.

A DNA forensic examination is the most accurate method of establishing biological kinship. The accuracy of a positive DNA result (confirming kinship) is 99.999999%, making it the strongest piece of evidence.