Establishing paternity after death

Establishment of paternity (after the death of the father). Legal overview of the case

Given the complexity and importance of the process of establishing paternity after the death of a father, many people have questions. In order to address these questions and provide the necessary information, we offer an informative overview that reveals the key aspects of this legal service.

Stages of providing legal support

• Initial consultation.

• Collection of documentation - All the necessary documentation should be present: birth certificates of the father and the child, evidence of the relationship between them, death certificates of the father and other documents that may be important. Writing a statement of claim to the court - a competent family lawyer knows how a statement of claim to establish the fact of paternity after the death of the father should look like.

• Consideration of the application in court - a lawyer acts for the interests of his client in court. The court considers the application and all the evidence provided, including possible DNA testing. A DNA test is an important step in resolving paternity cases. The test allows you to compare the genetic material of known individuals and determine the likelihood of their paternity.

• Obtaining a court verdict - until the end of the court hearing, the lawyer stays with the client and provides all the necessary protection of the interests of his client.

In what cases can the service be provided and in what cases can it be denied?

• Evidence confirming the parental relationship between the child and the father. Availability of all the necessary documentation along with a properly prepared statement of claim.
• The service may not be provided if there is clear evidence of the absence of a family relationship.

How to establish the fact of paternity after the death of the father?

• Gather documents - Gather all the documentation and evidence that proves your relationship to the deceased parent. This may include birth certificates, photographs, correspondence, witness statements, etc. Prepare a lawsuit in court - Draw up a statement and file it with the relevant court. In the application, indicate all the circumstances that confirm your desire to establish a family relationship with the deceased parent.

• Conducting a court hearing- After submitting the application to the court, you will be scheduled for a court hearing. During the hearing, you must present all your arguments proving your paternity.

• Compliance with court requirements - During the court process, you must comply with all the requirements and recommendations of the court. Submit all the necessary information and documents within the time limit set by the court.
• Waiting for the court's decision - After the hearing, the court will decide on the issue of establishing the fact of paternity after the death of the father. You will receive a court decision on this issue.

• Execution of the court decision- If the court makes a positive decision, your paternity will be officially recognised.

Frequently asked questions:

• What is the procedure for DNA testing to establish paternity? DNA testing to establish paternity is usually carried out in specialised laboratories where DNA samples from the father and the child are compared to determine paternity.
• How can DNA testing to establish paternity be carried out in the event of the death of the father? In such a situation, an exhumation procedure is required to obtain a DNA sample from the father's body. After obtaining DNA samples from the father's body, an examination can be carried out, comparing these samples with the DNA samples of the child and the mother. The result of the paternity test can be used in court proceedings to establish the fact of paternity after the death of the father.

• Can acknowledgement of paternity after the death of the father affect the inheritance? Yes, acknowledgement of paternity after the death of the father may have an impact on the inheritance. If the father died without a will and without identifying heirs, establishing paternity may allow the child to become an heir to his father's estate. This means that the child may be entitled to a share of the inheritance that is allocated to the father by law.

• Court fee for filing a claim for establishing the fact of paternity after the death of the father. According to the requirements, a statement of claim for establishing the fact of paternity after the death of the father requires payment of a court fee. This court fee is 0.2 times the subsistence minimum for one able-bodied person.

• How long can the process of judicial recognition of paternity after death take? The time required to complete the process of judicial acknowledgement of paternity after death can vary significantly depending on various factors, such as the complexity of the case, the presence of co-respondents, and the court procedure.

What does the cost of the service depend on?

• The complexity of the case and the number of actions required. The scope and composition of the documentation.
• Timelines and procedures related to the resolution of the case.