Publication date: 11.05.2024
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In the family legislation of Ukraine, in particular in the Family Code of Ukraine, there are also provisions related to disputing paternity.
Disputing paternity can arise in various situations. This may be related to parental rights, child support, determination of parental responsibility, etc. Most often, such situations arise in cases of divorce, business or personal conflict between parents, situations of violence, etc.
Disputed paternity can occur through court proceedings, where various aspects are considered, such as parental rights, child support, visitation and custody.
Dealing with these situations can be difficult and require professional help from lawyers or specialist services such as child support. The main task in such cases is to act in the best interests of the child, providing him with safety, protection and proper care.
A person registered as the child's father can dispute his paternity if there are grounds to believe that he is not the biological father. In the case of proving that there is no blood relationship between this person and the child, the court may decide to exclude information about him as the child's father from the birth certificate.
Disputing paternity is possible only after the birth of the child and before the child reaches the age of majority. However, disputing paternity is not possible in the event of the child's death.
Persons who knowingly knew that they were not the child's biological parents, as well as persons who consented to the use of assisted reproductive technologies, do not have the right to dispute paternity.The procedures for disputing paternity after the death of the person who was registered as the father of the child are as follows:
1) If the person who was registered as the child's father died before the birth of the child, his heirs may dispute his paternity, if they previously submitted an application to the notary about non-recognition of their paternity.
2) If the person who was registered as the child's father died after filing a lawsuit to remove his name as the father from the child's birth certificate, this lawsuit can be continued by his heirs.
3) If there are good reasons why the person did not know that he was registered as the father of the child and he died, paternity disputes can be initiated by his heirs: wife, parents and children.
The statute of limitations does not apply to requests to exclude the entry of a person as the child's father from the act record of the child's birth, which allows the heirs to dispute paternity regardless of how much time has passed since the child's birth.
Article 138 of the Family Code of Ukraine concerns the rights of the child's mother to challenge her husband's paternity and contains the following important provisions:
1. The right to dispute: a woman who has given birth to a child in marriage has the right to dispute the paternity of her husband. To do this, she can file a lawsuit to exclude the entry about him as the child's father from the act record of the child's birth.
2. Conditions for meeting the mother's request: the mother's request to exclude the record of her husband as the child's father can be satisfied only if another person submits a statement about his paternity.
3.Limitation of action: this requirement to amend the birth certificate has a limitation of one year. The statute of limitations starts from the date of registration of the child's birth.
It is important to keep in mind that the process of contesting paternity can be complex and require the professional support of an attorney with experience in family law.
