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Publication date: 22.05.2024
Disputing paternity and motherhood: protecting the rights and interests of the child
The issues of paternity and maternity are among the most delicate and important in family legal relations. It would seem that the determination of the child's biological parents should not cause any doubts. However, in real life there are situations when these facts need to be checked and possibly challenged.
A paternity dispute is a legal process in which a person attempts to disprove a paternity record for a particular child. The reasons for disputing paternity can be different: from doubts about the child's biological origin to violations of the procedure for establishing paternity. Grounds and procedure for disputing paternity are not difficult, but take a lot of time
The procedure for disputing paternity is regulated by the Family Code of Ukraine and other normative legal acts. This process begins with the filing of a claim to contest paternity in court. In the application, it is necessary to outline the circumstances of the case, provide evidence to support your claims, and indicate the grounds for disputing paternity.
During the hearing of the case, the court may order an examination to establish the biological relationship between the child and the person whose paternity is disputed. The results of the examination will be decisive for the decision.
A paternity dispute can be initiated either by the person registered as the child's father or by other interested parties, such as the child's biological father or mother. It is important to remember that disputing paternity has certain statutes of limitations that must be observed.
In addition to contesting paternity, there is also the possibility of contesting maternity. This process is more complicated and rare, because the fact of the birth of a child by a specific woman usually does not raise doubts. However, in some cases, for example, in the case of changing a child in a maternity hospital, contesting maternity may be necessary.
During consideration of paternity and maternity disputes, the court is primarily guided by the interests of the child. The decision must be fair and protect the rights and legitimate interests of all parties, but the greatest attention is paid to ensuring the well-being of the child.
Disputing paternity and maternity is a complex legal process that requires careful preparation and the involvement of qualified lawyers. The cost of such a procedure can be significant, because it is necessary to conduct a number of examinations and pay for the services of lawyers. The price may vary
Despite the complexity and delicacy of this issue, in some cases contesting paternity and maternity is the only way to restore justice and protect the rights of all parties. If you find yourself in such a situation, do not delay and seek professional legal help to protect your interests and the interests of the child.
