Establishing paternity, rights and obligations of the parties

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Симиренко Ганна

Lawyer

Ukraine / Kyiv

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Publication date: 06.07.2024

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Establishing paternity, rights and obligations of the parties

The procedure for recognition of paternity. Establishing paternity in a voluntary manner can be determined by submitting a corresponding application to the state registration body of civil status acts (RACS). An application for recognition of paternity is submitted by both parents or only by the father with the consent of the child's mother.

The procedure for establishing paternity is voluntary

Submission of an application: The father submits an application for recognition of paternity to the RACS.

Confirmation of the mother's consent: The child's mother confirms her consent to the recognition of paternity, which is made in writing.

Registration: The RACS body registers recognition of paternity. 

Recognition of paternity through the court

Lawsuit for recognition of paternity.  When the child's father or mother cannot voluntarily agree on the issue of paternity recognition, it is possible to file a lawsuit for the recognition of paternity in court. A claim to establish paternity is filed by one of the parents, the child, the child's guardian or custodian.

The procedure for establishing paternity through the court. 

1. 
   Filing a claim: The claimant files a claim to the court to establish paternity. A sample statement of claim can be obtained from the court or from a lawyer.
2. 
   Trial: The court considers the case, taking into account all the evidence presented by the parties, including testimony, documents and the results of genetic testing.
3. 
   Court decision: After considering the case, the court issues a decision on recognition of paternity or refusal of recognition.
   Recognition of paternity by court decision
   Recognition of paternity by a court decision is mandatory for all parties.After receiving the court's decision, the father can be entered in the legal record of the child's birth as his legal father.
    

The procedure for establishing paternity after the death of the father

1. 
   Submission of an application: The plaintiff submits an application to the court to establish the fact of paternity.
2. 
   Collection of evidence: The court takes into account all the evidence presented, including the results of genetic testing, if possible.
3. 
   Court decision: After considering the case, the court makes a decision to establish the fact of paternity.

Recognition of paternity during martial law

1. Features of the procedure: 
   Martial law imposes special conditions on all areas of life, including legal procedures. Acknowledgment of paternity in such conditions can become more difficult due to limited access to authorities, evacuation of the population, destruction of infrastructure, and increased level of danger. Special measures and adapted procedures may be implemented to ensure the rights of children and parents during martial law, legal application for the establishment of paternity.
2. The procedure for recognition of paternity: Application submission. Under normal conditions, an application for the recognition of paternity is submitted to the state registration.horities or the evacuation of the population. In such cases, alternative ways of submitting an application may be implemented:
    
3. Electronic appeals: Submission of an application in electronic form through specialized online platforms or through e-mail, which will preserve security and speed of consideration.
4. 
   Mobile units of the RATS: Creation of mobile units of the RATS, which will serve the population in places of temporary residence or evacuation.
5. 
   Humanitarian centers: Establishment of special application reception points in humanitarian centers, where security and access to necessary services are ensured.
    

Simplification of procedures

During martial law, it may be necessary to simplify procedures to speed up the process of paternity recognition.Such measures may include:

1. Reduction of consideration periods: Reduction of the periods of consideration of applications and decision-making to ensure prompt resolution of issues related to the recognition of paternity.
2. 
   Simplification of requirements for documents: Reduction of requirements for providing documents, in particular, the possibility of submitting an application without the applicant's personal presence or through a representative.
3. 
   Providing remote access: The use of video conferencing for court hearings or consultations with lawyers, which will ensure the safety and efficiency of the process.
    

Decision of the RACS body or court. 

After submitting the application and carrying out the necessary procedures, the RACC body or the court issues a decision on the recognition of paternity. During martial law, special measures may be implemented to ensure the implementation of the following decisions:

1. Fast processing of documents: Fast processing and issuance of documents confirming the recognition of paternity, in particular, birth certificates with information about the father.
2. 
   Provision of legal assistance: Providing access to free legal assistance for all participants in the process, including providing advice and assistance in drafting the necessary documents.
3. 
   Ensuring security: Implementation of measures to protect process participants, including information protection and confidentiality.
    

Father's Rights and duties

1. The right to participate in the upbringing of the child: The father has the right to participate in the upbringing of the child, to make decisions regarding his education, health and development.
2. 
   The right to communicate with the child: The father has the right to regular communication with the child, regardless of whether he lives with the child. Duties of a father.
3. 
   Material support of the child: The father is obliged to provide material support to the child, to provide for his life needs.
4. 
   Performance of parental duties: The father must perform all duties related to the upbringing and care of the child.

Child Rights and duties

1. The right to parental care: A child has the right to be cared for and raised by his father.
2. 
   The right to financial support: The child has the right to receive financial support from the father.
3. Respect parents: A child is obliged to respect his parents and fulfill their legal requirements.
4. 
   Follow the rules of family life: The child must follow the rules and customs established in the family.

Application for establishment of paternity

Concept and importance. An application for the establishment of paternity is an official document that is submitted to the state civil registry office (RACS) or to the court for the purpose of legal recognition of paternity. The importance of this statement lies in the fact that it ensures the legal status of the child's father, giving him the appropriate rights and obligations, and also ensures the protection of the child's rights to material and moral support from the father, application for establishing the fact of paternity.

Who can apply? 

An application to establish paternity can be submitted by: 

1. Child's mother: In case the child's father does not voluntarily acknowledge his paternity. 
2. 
   Father of the child: In case he wishes to officially recognize his paternity, but the child's mother does not agree or is absent.
3. 
   Guardian or custodian of the child: If both parents are absent or deprived of parental rights.
4. 
   Adult child: If establishing paternity is necessary to recognize family ties and rights.
    

Application submission procedure

Application preparation. Before submitting an application to establish paternity, it is necessary to prepare all the necessary documents and information. The application must contain:

1. Personal data of the applicant: Name, surname, patronymic, date of birth, residential address, contact information.
2. 
   Personal data of the child: Name, surname, patronymic, date of birth, place of birth.
3. 
   Personal data of the intended father: Name, surname, patronymic, date of birth, residential address, contact information.
4. 
   Description of the circumstances: A detailed description of the circumstances that prove paternity, establishment of paternity judicial practice. These can be witness statements, documents, photographs, correspondence, etc.Submitting an application to the RACS, lawsuit for recognition of paternity.
    

Submitting an Application to the Civil Registry Office 

If you plan to establish paternity, our lawyers are ready to assist you at every stage of this process. We provide professional support and guarantee that all formalities will be completed accurately and on time. The procedure includes:

• Filling out the application: Our specialists will help you correctly fill out the official paternity acknowledgment application form to avoid potential mistakes.
• Preparing documents: We will collect all necessary documents, including the child’s birth certificate and the identification documents of the applicant and the alleged father, simplifying the application process significantly.
• Confirming the mother's consent: If the application is submitted only by the father, we will assist you in obtaining the mother’s written consent, which is an important step in the procedure.

Filing a Lawsuit

If one of the parents disagrees or is unable to file the application, don't worry! Our legal company will offer you complete support and protect your interests in court. The procedure includes:

• Drafting a lawsuit: We will prepare and file a lawsuit for paternity acknowledgment in court, using verified samples and our experience.
• Paying court fees: We will advise you on paying the court fees according to the established rates to avoid unexpected expenses.
• Gathering evidence: Our team will help you collect all necessary evidence, including the results of genetic testing, witness testimonies, and other documents, recognition of paternity by the father.

Court Hearing

The court considers the case of paternity acknowledgment based on all the evidence presented. We provide complete legal support at every stage:

• Preliminary hearing: We will ensure your presence at the preliminary hearing, where the deadlines for reviewing the case and necessary evidence will be determined.
• Main hearing: Our lawyers will represent your interests during the main hearing, including witness testimonies, evaluation of evidence, and, if necessary, conducting genetic testing.
• Issuing a ruling: The court will issue a ruling on the acknowledgment of paternity or on the refusal, and we will ensure its enforcement by all parties.