Publication date: 27.05.2024
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Establishing paternity of the deceased father
Establishing the paternity of a deceased father in Ukraine is a legal procedure that allows a person to be recognized as the father of a child after his death. This procedure may be necessary to resolve issues of inheritance, social security, or establishing a legal relationship between a child and a parent.
In Ukraine, the procedure for establishing paternity of a deceased father can be carried out through a court process. Here is a general description of such a procedure:
Preparation of evidence:
Start by gathering all the necessary evidence that proves the paternity of the deceased person. This may include the child's birth certificate, the parents' marriage certificate (if any), documents confirming cohabitation or joint management of the household (photographs, correspondence, testimonials from neighbors or friends), medical documents confirming paternity (DNA test, if possible), father's death certificate. Testimony of relatives, friends or other witnesses who can confirm the fact of paternity.
Filing a lawsuit in court:
If there is sufficient evidence, file a lawsuit in local court to establish paternity of the deceased person. A lawyer will help you draw up a statement of paternity, which must be submitted to the local court.
Submit the application together with the collected evidence to the local court of the child's place of residence or the last place of residence of the deceased parent.
Trial:
All presented evidence and arguments of the parties will be considered at the court hearing. The court may also request the testimony of witnesses or conduct other evidentiary procedures if necessary. The court will consider the submitted evidence and hear testimony. If necessary, the court may order a genetic examination (DNA test). If possible, the court may require a DNA test to prove paternity. If the deceased parent's genetic material is available (for example, a preserved blood sample or other biological material), an examination can be performed.
Making a decision:
After considering the case, the court makes a decision on establishing the paternity of the deceased person. If the decision is made in favor of the sub-applicant (child or other interested person), it becomes binding.
Registration of the solution:
After the court decision is passed, it will need to be registered in the relevant state bodies, the State Register of Civil Status Acts. Get a new birth certificate with the father's name.
Conclusion
Establishing paternity of a deceased father in Ukraine requires compliance with clearly defined legal procedures and collection of relevant evidence. Consultation with a lawyer and the support of a specialist at each stage will significantly increase the chances of a successful completion of the process. It is important to keep in mind that the procedure may have its differences depending on the specific circumstances of the case. Therefore, it is better to contact a lawyer or a legal consultant specializing in family law in Ukraine for specific advice and assistance in conducting such a procedure.
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