Disputing paternity. DNA - examination.

BASE (basic) 1.77

advertisement

Kaploukh Victoria

Attorney

Ukraine / Kharkiv

Court appearence

Drafting of a lawyer's request

Legal analysis of the situation

Writing a statement of claim

See more

Reading time: 15 minutes Total views: 84

Rate:

0

Publication date: 24.05.2024

A paternity dispute is a legal procedure that allows a person (usually a father) to dispute the fact of his paternity with respect to a child. One of the key elements of such a procedure is conducting a DNA examination, which can confirm or deny paternity with high accuracy.

The main aspects of disputing paternity:

• 1. Legal grounds for contestation:
  Disputing paternity is possible on the basis of inconsistency of biological paternity established by law or due to the discovery of new circumstances that call into question the fact of paternity.
  2. Dispute procedure:
  Filing a lawsuit: A person who wishes to challenge paternity must file a lawsuit in court. Usually, this is done in the local court at the defendant's place of residence.
  Providing evidence: The claimant must provide evidence that casts doubt on paternity. These can be witness statements, documents, other evidence.
  Ordering a DNA test: The court usually orders a DNA test to establish biological paternity.
  3. DNA expertise:
  Procedure: DNA expertise is carried out in specialized laboratories. DNA samples are taken from the father, mother and child. The results of the examination are submitted to the court.
  Accuracy: DNA testing is highly accurate - more than 99.99% to confirm paternity and almost 100% to exclude paternity.
  Impact on court decisions: DNA test results are key pieces of evidence that can significantly influence court decisions. 
  4. Legal consequences:
  Changing the record of paternity: If the court makes a decision to exclude paternity, corresponding changes are made in the acts of civil status.
  Alimony and other responsibilities: In the case of exclusion of paternity, the person is released from the responsibilities regarding child maintenance.
•  

Legislative regulation in Ukraine:

1. In Ukraine, paternity disputes are regulated by the Family Code of Ukraine, in particular Articles 136–138. Important provisions are:
   
   Article 136: Provides the right of a man who is registered as the child's father to contest his paternity within one year from the day he learned or could have learned of the fact that he is not the biological father.
2.  

• Article 137: Regulates the possibility of disputing paternity after the death of the person registered as the father.
•  
• Article 138: Determines that a claim to dispute paternity may be filed by a person who considers himself the father of a child, or the child's mother, if paternity is registered to another person.
•  

Practical tips:

1. 1. Consultation with a lawyer / Representation of the client in court: Before filing a lawsuit, it is important to get legal advice to assess the prospects of the case and prepare the necessary documents.
   2. Adherence to deadlines: You should be careful about the deadlines for filing a claim, as missing a deadline can be grounds for refusing to grant a claim.
   3. Preservation of evidence: All documents that may be useful for the case must be preserved and provided to the court.
2.  

Preparing a claim to the court about disputing paternity is a detailed process that includes gathering the necessary evidence and drawing up a legally sound document. Below is a sample statement of claim and recommendations for its preparation.

A sample statement of claim on disputing paternity.

• To [name of court] 
  Claimant: [name, address, contact details] 
  Defendant: [name, address] 
  Third party: [name, address] (if applicable)
• 
  CLAIMS about disputing paternity
• 
  Pursuant to Articles 136-138 of the Family Code of Ukraine, I, [name of plaintiff], file this claim to dispute paternity regarding child [name of child], born [date of birth]. 
  **Circumstances of the case:** 
  1. I, [name of plaintiff], was married to [name of child's mother] from [date of marriage] to [date of divorce (if applicable)]. 
  2. [child's name], born [date of birth], was recorded as my son (daughter). 
  3. [Description of the circumstances that raise doubts about paternity (for example, the discovery of facts indicating that the plaintiff cannot be the biological father of the child)]. 
  4. [Results of DNA examination (if any), other evidence that confirms the stated facts]. 
  Based on the above, in accordance with Articles 136-138 of the Family Code of Ukraine,
•  

1. **PLEASE:** 
   1. To invalidate the paternity of [name of the defendant] with respect to the child [name of the child]. 
   2. Make appropriate changes to the act record on the birth of a child No. [number of the act record], issued by [name of the RACS body]. 
   3. [Other requirements, if applicable (for example, exemption from child support obligations)]. 
2. 
   **Additions:**
   1. A copy of the child's birth certificate. 
   2. Results of DNA examination (if any). 
   3. Copy of marriage certificate (if applicable). 
   4. Copy of divorce certificate (if applicable). 
   5. Other documents confirming the circumstances of the case.
3.  

• [Date] [Signature of claimant]
•  

Key aspects of preparing a statement of claim:

1. 1. Determination of jurisdiction: The lawsuit is filed in the local court at the place of residence of the defendant or plaintiff.
   2. Time limits: The claimant must file a claim within one year from the moment when he learned or could have learned about the circumstances that give grounds for disputing paternity.
   3. Collection of evidence:
   Results of DNA examination (if any).
   Documents confirming the circumstances of the case.
   Testimony of witnesses (if applicable).
   4. Consultation with a lawyer: It is recommended to contact a lawyer to review the claim before filing it in court.
2.  

Practical tips:

• 1. Preparation of documents: Make sure that all necessary documents (copies of certificates, examination results, etc.) are collected and attached to the claim statement.
  2. Formulation of requirements: Clearly and in detail formulate your requirements to the court.
  3. Compliance with procedural norms: The application must meet all the requirements of the law regarding form and content.
•  

Representation of the client's interests in court / Representation of the client in state institutions - This sample is basic and may require changes depending on the specific circumstances of the case. Consultation with a lawyer will help ensure the correctness and completeness of the preparation of the statement of claim.

Basic aspects of forensic DNA examination when paternity is disputed.

• 1. Purpose of examination:
  Expert examination is appointed by the court at the request of one of the parties or on its own initiative, if it is necessary to resolve the case.
  A request for the appointment of an expert opinion is submitted during the court proceedings.
  2. Examination:
  For the examination, DNA samples are collected from the alleged father, the child and, if possible, the child's mother.
  Samples can be collected from blood, saliva or other biological materials.
  3. Selection of the laboratory:
  The court determines an accredited laboratory that has the right to conduct such examinations.
  It is important that the laboratory is officially recognized and has the appropriate certificates.
  4. Accuracy of results:
  DNA testing is extremely accurate. The probability of confirming paternity is more than 99.99%, and the probability of excluding it is close to 100%.
  5. Legal consequences:
  The results of the DNA examination are strong evidence in court.
  Based on the results of the examination, the court can make a decision to recognize or dispute paternity.
•  

Sample request for DNA examination.

• To [name of court] 
  Claimant: [name, address, contact details] 
  Defendant: [name, address] 
  Third party: [name, address] (if applicable) 
  Case No. [case number] 
  
  REQUEST for appointment of forensic molecular genetic examination (DNA examination) 
• 
  In the proceedings of [name of the court] there is case No. [case number] on the claim of [name of the plaintiff] against [name of the defendant] on the dispute of paternity regarding the child [name of the child], born on [date of birth]. 
  On the basis of Articles 136-138 of the Family Code of Ukraine, to ensure a full and comprehensive consideration of the case, it is necessary to establish the child's biological parentage. DNA testing is the only reliable way to establish or exclude paternity. 
  Based on the above, guided by Articles 103, 143, 144 of the Civil Procedure Code of Ukraine, 
• 
  PLEASE: 
  1. To appoint a forensic molecular genetic examination (DNA examination) to establish biological paternity regarding the child [name of the child]. 
  2. Take DNA samples from the plaintiff [plaintiff's name], the child [child's name] and the defendant [defendant's name]. 
  3. To instruct [name of accredited laboratory] to carry out an examination. 
  
  [Date] [Signature of claimant]
•  

Representation of the client's interests in court and state institutions - Compliance with these recommendations will help to effectively conduct the procedure of disputing paternity with the help of a forensic DNA examination and ensure the protection of the rights and interests of all parties to the case.