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Publication date: 23.05.2024
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The process of disputing paternity/maternity in Ukraine
Paternity is the legal status of a person who is the father or mother of a child. This status is established on the basis of biological, legitimized by adoption or other legal circumstances. Parenthood gives a person rights and responsibilities regarding the upbringing, care and maintenance of his child.
Motherhood is the status of a woman who has given birth to a child. She is automatically granted this status from the moment the child is born. Motherhood involves responsibility for the care, education and provision of the child's needs.
Disputing paternity or maternity is a legal process that allows you to challenge the legal recognition of a person as the father or mother of a child. Such a process can be initiated by different persons, depending on the specific circumstances and legislation of the country. In most countries, including Ukraine, this process is regulated by family law.
Here are the main reasons for contesting paternity and maternity in Ukraine
Disputing paternity:
1. Lack of biological connection. The person who is registered as the child's father can prove that he is not the biological father. This can be confirmed with a DNA test;
2. Marital relations and the birth of a child. If the child is born during the marriage, but the husband proves that he is not the biological father of the child.
3. Recognition of paternity by consent. If a man voluntarily acknowledged paternity, but later found out that he is not the biological father.
Disputing maternity:
1. Lack of biological connection. A person who is recorded as the child's mother can prove that she is not the biological mother (for example, in cases of birth mistake or substitution of children).
2. Recognition of maternity by consent. If a woman voluntarily acknowledged motherhood, but it later turned out that she is not the biological mother.
Additional circumstances:
1. Errors or falsification of documents. If errors or forgeries were found in the documents during the registration of the child's birth.
2. Deception or pressure. If the person was deceived or under pressure admitted paternity or motherhood.
Who can initiate the process:
- a person registered as the child's father or mother;
- biological parents who are not recognized as the legal parents of the child;
- guardians or legal representatives of the child;
- a child after reaching a certain age (usually 18 years).
The process of disputing paternity and maternity:
1. Filing a lawsuit in court. A person files a lawsuit with the court, in which he states the grounds for disputing.
2. Providing evidence. Evidence can be DNA test results, witness statements, documents, etc.
3. Judicial proceedings. The court considers the case and makes a decision based on the evidence provided.
If the lawsuit is upheld, the court can cancel records of paternity or maternity in the state registers, which will lead to a change in the legal relationship between the child and the persons disputing paternity or maternity.
In most cases, there are certain statutes of limitations for disputing paternity or maternity. For example, in Ukraine, an application can be filed within one year from the moment when a person learned or could have learned about the circumstances that are grounds for contestation.
This process is an important tool to ensure justice and protect the interests of the child, as well as the biological and legal parents. If you find yourself in a situation where you need to dispute paternity or maternity, it is advisable to contact a qualified lawyer who will help you gather the necessary evidence and represent your interests in court.
