Establishment of paternity

Establishing paternity

The birth of a child is a joyful and happy event. And every little person must have a mother and a father. But legally, this process does not always pass without obstacles. Everything is quite simple with the mother. Her name is entered on the basis of medical documents from the maternity hospital. But establishing the father often results in controversial situations and even court proceedings. In Ukraine, there are two legal procedures. This is the establishment and recognition of paternity. The second option provides for the procedure to be carried out through the registry office or in court.

How to recognize paternity through the civil registry office

The Family Code of Ukraine stipulates that people who are married at the time of the child's birth are recognized as the parents of the child. To enter information about the father and mother in the child's documents, it is enough to visit the institution and provide the necessary papers. But in practice, there are many exceptions to the rules, which greatly complicate the process. One of the common reasons for writing a declaration of paternity is that partners live separately. That is, they are legally married. And in fact, they have been living separately for many years and have other relationships. In such a case, it is entirely possible for a woman to have a child not from the man specified in the marriage certificate. Therefore, it is inappropriate to write him down as a father, with all the consequences. The legislation provides for the possibility of solving such a situation. A legal spouse applies to the Registry Office with a statement that the husband is not recognized as a father. At the same time, the de facto partner of the woman consents to the recognition. Thus, he assumes all obligations.

Help! A child born within 10 months after the divorce is also automatically registered as a spouse.

An equally confusing situation arises with partners who are satisfied with a civil marriage. It is possible to register a man as the child's father only if he voluntarily writes a declaration of paternity.

Recognition of paternity by court decision

Far from always, the biological father voluntarily submits a declaration of paternity. That is, it is inappropriate to talk about the establishment of paternity in a voluntary manner. If the couple was not married, it is possible to prove this fact only through court proceedings. The court will consider the evidence and oblige the husband to assume parental responsibilities. As evidence for establishing paternity in court, the best option is a conclusion after a DNA examination. It is important to understand that the court takes into account the results of the examination that it has appointed. The conclusion of the examination, which was initiated before the start of the case, is of secondary importance. Also, in order to recognize paternity through the court, materials can be used that prove that the partners lived together and ran a joint household without being married, or were engaged in raising a child together.

The question of how to prove paternity through the court arises not only for women. At some point, the biological father may wish to acquire custody of his own child. In general, you can initiate a case review at any time. But if we are talking about recognition of paternity by the father, clear terms are established. A lawsuit for recognition of paternity can be filed within a year from the date when this fact became known.

Establishing the fact of paternity after the death of the father

Unfortunately, the full-scale invasion is contributing to the fact that establishing paternity after the death of the father is becoming a common practice. It is used when the biological father was not married to the mother of the children, and they were born after his death. Or, under some circumstances, he did not confirm his paternity during his lifetime.

A claim to establish paternity can be filed by:

Directly, the procedure for establishing paternity is different from recognition. In addition, the definition is possible only after the death of the father. There are no arguments about paternity.

Advantages of contacting a family lawyer:

Establishment and recognition of paternity under time of martial law

Jurisprudence on establishing paternity has hardly changed since the beginning of the full-scale invasion, only it has become wider. Establishing paternity through the court is a complicated and sometimes long process. Applying for the help of a lawyer in this case is a completely justified and appropriate step.

An experienced specialist provides comprehensive services, which include:

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Our specialists have extensive experience in handling paternity cases. In the work, they rely on their own experience and court practice on establishing paternity. Therefore, they can adequately represent their interests in court and provide the plaintiff with a great chance of obtaining the desired court decision.