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 Ukraine, the number of court cases related to establishing the fact of paternity is increasing. This is caused by recent changes in society and legislation. The current legislation determines that the rights and obligations of parents arise on the basis of official confirmation of the child's origin, which is carried out by the civil status registration authorities (RACS) in accordance with the Family Code of Ukraine (SC).
Recognition and challenge: different concepts
The procedure for establishing the fact of paternity is different from acknowledging or disputing paternity. It is possible in cases when: a man who was not married to the child's mother or died or was declared dead.
The entry about the father in the Birth Registration Book is made in accordance with the first part of Article 135 of the Civil Code of Ukraine.
According to this article, if a child is born to a mother who is not married, and there is no joint statement of the parents, a statement of the father or a court decision, the record about the father is made according to the surname and citizenship of the mother, and the name and patronymic are determined at her direction .
Court proceedings
In the case of the death of the father, who was not married to the mother, the fact of paternity is established in court. The application can be submitted by the mother, guardian, custodian of the child, the person raising the child, or the child himself, if he has reached the age of majority. In order to submit an application, it is necessary to make an entry about the father in the Birth Registration Book in accordance with Art. 135 of the Criminal Code of Ukraine.
In addition, establishing the fact of motherhood is possible in the event of the death of a woman who considered herself the mother of the child. The court accepts the application if the record of the child's mother is made in accordance with Part 2 of Article 135 of the Criminal Code of Ukraine.
Question
In which court should I file an application?
Respond
Cases establishing the fact of family relations between natural persons are considered by local general courts (Article 256 of the Civil Procedure Code of Ukraine, CPC). These cases are considered in a separate proceeding, which belongs to non-suitable civil proceedings. The application is submitted at the applicant's place of registration. If the applicant lives outside of Ukraine, jurisdiction is determined upon petition to the Supreme Court of Ukraine (Article 257 of the Code of Criminal Procedure).
Content of the statement
According to Art. 258 of the Code of Civil Procedure, the application for establishing the fact of paternity should indicate:
- What fact must be established and for what purpose.
- The reasons for the impossibility of obtaining or restoring documents confirming this fact.
- Evidence confirming the established fact.
The application is accompanied by documents confirming the stated circumstances, as well as a certificate on the impossibility of restoring the lost documents.
Question
As evidence you can use:
Respond
Official documents that confirm the existence of a legal fact (acts, questionnaires, autobiographies, postcards, family photos, business and personal letters, court decisions); certificates of the RACS authorities on the impossibility of renewing lost records; testimony of persons who know about the relationship between the applicant and the deceased. This list is not exhaustive and may be supplemented depending on the specific circumstances of the case. The statement must meet the general requirements for the form and content of the statement of claim.
It is important to remember the following nuances:
For submitting an application, a court fee is paid, the amount of which is determined by legislation.
In the absence of the necessary onesinformation, such as a clear definition of the established fact or the reasons for the impossibility of obtaining the documents, the application may be left without movement.
In general, the establishment of paternity through the court is an important procedure that requires the professional support of attorney specialized in family law to ensure that the rights and interests of all parties are protected.
Cases on the establishment of the fact of paternity have a significant impact on the protection of the rights of the child and the regulation of legal relations in the family. Timely appeal to the court with properly prepared documents will help ensure legal certainty and protect the interests of the child. A lawyer will help with this. Contact us for consultation!
Case from practice
We were approached by a client who wanted help and established paternity through the court. We started with thorough preparation: we collected all the necessary documents and testimonies. Our client was concerned about the future of his child, so we wanted to ensure the best possible outcome.
- The first step was to file a lawsuit. We prepared a detailed plan that took into account all possible aspects of the case. In particular, we offered to undergo a DNA test, which became a key piece of evidence in the process.
- During the court session, we represented our client's interests, arguing his position and answering the judge's questions. Our team of lawyers carefully explained all the nuances of the case, emphasizing the importance of establishing paternity for the child.
- Thanks to a professional approach and preparation, the court ruled in favor of our client, officially establishing paternity. This decision was an important step in the life of our client, because now he has legal rights and responsibilities for his child.
We are proud to have been able to help our client achieve justice and secure his child's future. Our work once again proved that a well-coordinated team of professionals can successfully solve even the most complex cases.
Establishing paternity thEstablishing paternity through court is an important procedure for many parents who seek to officially confirm their rights and responsibilities towards the child. This process can be initiated by a parent who intends to establish paternity through the courts in order to obtain legal confirmation of the relationship with the child. The legal process to establish paternity involves filing a lawsuit in which the applicant asks the court to officially establish paternity. In such cases, a family law attorneyrough court er plays a key role in helping the client understand all the legal aspects of the process. A family lawyer has deep knowledge in the field of family law, which allows him to effectively represent the client's interests in court. A family attorney lawyer provides consultations, helps to collect the necessary evidence and represents the client's interests at the court hearing. Depending on the circumstances, this may include DNA testing to confirm or deny paternity.
