Publication date: 10.06.2024
Establishment of paternity and contestation of paternity: legal aspects and procedure
Introduction
Establishment and contestation of paternity are important legal processes that have a significant impact on the legal status of a child and his or her parents. In Ukraine, these issues are regulated by the Family Code of Ukraine, as well as other legal acts. Let's take a closer look at the legal aspects and the procedure for establishing and contesting paternity.
Establishment of paternity
Voluntary recognition of paternity
Paternity may be established voluntarily by submitting an application to the civil registry office. Key aspects:
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- Joint statement of the parents: If the child's parents are not married, paternity can be established on the basis of a joint statement by the child's mother and father.
- Separate application of the father: If the child's mother is unmarried and has not recognized paternity, the father may file a separate application for recognition of paternity.
Establishment of paternity in court
If paternity cannot be established voluntarily, it can be established through the courts. The procedure includes:
- Filing a lawsuit: A lawsuit to establish paternity may be filed by the mother, a person who claims to be the child's father, or the child himself (if he has reached the age of majority).
- Court consideration of the case: The court considers evidence that confirms paternity, including the results of DNA testing.
- Court decision: Based on the evidence presented, the court decides on the establishment of paternity.
Disputing paternity
Disputing paternity involves refuting the paternity record in the child's birth certificate. The main aspects of the procedure:
Grounds for contesting paternity
Paternity may be contested under the following conditions:
- Lack of biological connection: The person listed as the child's father is not the child's biological father.
- Errors or fraud in the registration of paternity: Paternity was registered on the basis of error or fraud.
The procedure for contesting paternity
- Filing a lawsuit: A lawsuit to contest paternity may be filed by the person registered as the child's father, the child's mother, or the child himself (after reaching the age of majority).
- Court consideration of the case: The court considers the evidence submitted, including the results of DNA testing.
- Court decision: Based on the evidence presented, the court decides whether to contest paternity.
Legal consequences of establishing and contesting paternity
Establishment of paternity
- Legal consequences for the child: The child is entitled to inheritance, alimony, and other rights arising from parenthood.
- Legal consequences for parents: The father receives rights and obligations regarding the upbringing of the child, including the right to communicate and participate in the upbringing.
Disputing paternity
- Legal consequences for the child: Loss of legal ties with the person who was registered as the father, including the right to inheritance and alimony.
- Legal consequences for parents: Loss of rights and obligations towards the child, including the obligation to pay child support.
