Establish the fact of paternity in court

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Borysuk Natalia Mykolayvna

Lawyer

Ukraine / Volyn region

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Publication date: 30.06.2024

Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.

In cases where the child's parents were not officially married, and the man whom the mother considers to be the father has died, the question of establishing the fact of paternity through the court arises. This is an important step for recognizing the legal rights of the child.

When is it necessary?

If the mother and father were not married, and the father died before paternity was recognized, there is an opportunity to file an application with the court. This may be required to receive an inheritance, establish a legal relationship, or receive alimony.

The procedure for establishing paternity

The process of establishing paternity in court is as follows:

• Submission of the application: The application is submitted to the local court at the applicant's place of residence. It can be submitted by the child's mother, guardian, or another person who considers himself to be the father.
• Necessary documents: Documents confirming the fact of possible paternity should be attached to the application. These can be:
• Certificates of joint residence.
  Photographs, letters, or other evidence of the relationship.
  Testimony of witnesses who knew about the relationship between the applicant and the deceased.
  Court proceedings: The case is considered in separate proceedings. The court takes into account the evidence and testimony presented to establish paternity.
• Criteria for consideration of the case. The absence of a paternity dispute and the fact that the potential father is dead are key criteria for consideration of the case. According to the law, the court's decision will be the basis for making a note about the father in the registration documents.
• Documents and evidence. When considering a case, the court accepts a variety of evidence, including documents, witness statements and other materials confirming family relationships.  The list of evidence may change depending on the circumstances of the case.

Establishing the fact of paternity in court is an important legal mechanism that protects the interests of the child and gives him the opportunity to exercise his rights.

Parenthood, from a legal point of view, includes a number of rights and obligations that ensure both the well-being of the child and the protection of its rights. 

What should be remembered when raising a child?

Here is a list of rights that every parent should know about:

• Custody and upbringing: Parents have the right to raise their children according to their own beliefs, but within the framework of the law. This includes the choice of an educational institution, methods of upbringing and cultural traditions.
• Communication: Parents have the right to regular communication with the child, even in cases of divorce or living separately. The law provides rights to meetings and contact if it is in the best interests of the child.
• Representation of the child's interests: Parents act as the child's legal representatives in all legal matters, including health care, education, property matters.

Responsibilities of parents.

• Ensuring the interests of the child: The main duty of parents is to ensure the physical, moral, and spiritual development of the child. This includes providing education, health care, security and material support.
• Education: Parents have a responsibility to educate their children, developing their moral and ethical values, social skills and cultural awareness.
• Material support: Parents must provide the child with everything necessary for its development, including food, clothing, housing and education. In cases of divorce, the responsibilities for financial support remain with both parents.

Definition of paternity.

• Legal establishment of paternity through court: In cases where paternity has not been recognized voluntarily, the law provides for the possibility of establishing it through court procedures. This can be important for a child in inheritance or child support cases.
• Alimony: In the event of a divorce, parents may be required to pay child support. The size and order of payments are determined by the court or an agreement between the parents.

Protection of the rights of the child.

• Guardianship authorities: In every country there are authorities that monitor the observance of children's rights. They can intervene in cases where the parents are not fulfilling their responsibilities or if the child is in danger.
• Deprivation of parental rights: In exceptional cases, if the parents do not fulfill their responsibilities or harm the child, the court can deprive them of parental rights. This is an extreme measure used to protect the interests of the child.

It is important to remember this, because you never know when this information may come in handy.

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