The procedure for establishing paternity: instructions, assistance from a lawyer

Our family lawyer will explain the procedure for establishing paternity, tell you what documents are needed to establish paternity and the consequences of the procedure.

ATTENTION: do not confuse the procedure and procedure for establishing paternity with the special process of establishing the fact of recognition of paternity, which is carried out when the child’s father has died or gone missing.

Procedure for establishing paternity

Paternity can be established voluntarily, so-called extrajudicially, and in court.

Establishing paternity through the registry office

Paternity can be established voluntarily if the child's father agrees to be listed as the father. In this case, both parents draw up one joint application and submit it to the registry office, or each separately draws up an application and submits it to the registry office, if one of the parents cannot submit an application together with the other parent.

In a situation where the child’s mother has died, been declared incompetent, her whereabouts are unknown, or she has been deprived of parental rights, the child’s father submits an application to the registry office to establish paternity, but in this case the consent of the guardianship and trusteeship authority is still required, which must be attached to the application.

The law also provides for the possibility of submitting a joint application to establish paternity to the civil registry office when the child has not yet been born, i.e. during the woman’s pregnancy, if there are circumstances due to which it may be impossible or difficult to submit such an application after the birth of the child.

When contacting the registry office:

appropriate applications are drawn up and submitted by the father and mother of the child with the provision of passports and the child’s birth certificate, as well as receipts for payment of state fees. In other cases, the consent of the guardianship and trusteeship authorities, an adult child, medical documents about pregnancy, etc., are also provided, depending on the circumstances;
the civil registry office issues a certificate of paternity establishment

ATTENTION: watch also the video on the topic of establishing paternity and ordering a DNA examination and do not forget to subscribe to the YouTube channel to be able to get free legal advice in the comments of the video:

Establishing paternity through court

Paternity is established in court if the child’s mother refuses to submit a joint application to establish paternity, the child’s biological father does not recognize his paternity or refuses to submit an application to the registry office, as well as in a situation where the guardianship and trusteeship authorities do not give the child’s father consent to establish paternity .

An application to establish paternity can be submitted by the mother, the father of the child, the guardian (trustee) of the child or the person who is dependent on the child. Also, an application to establish paternity can be filed in court by the child himself if he has reached the age of majority. If paternity is established not at the request of the child and after he reaches the age of majority, in this case the consent of the child is required.
DNA examination. In a situation where the defendant (the child’s father) categorically does not recognize his paternity, as a rule, the court orders a molecular genetic examination, since the conclusion of such an examination is in fact the only sufficiently reliable evidence confirming or refuting the defendant’s paternity.
A request to order an examination can be filed by the plaintiff, the defendant, or the examination can be ordered on the initiative of the court. The law office “Katsailidi and Partners” will help you draw up everything correctly and on time.
The court makes a ruling on the appointment of an examination, entrusting it to a specific organization, and indicates what actions the parties must perform, for example, the child’s mother must bring him to take samples for analysis, and the child’s father must come to the expert institution also to take samples for comparative analysis . Next, the expert will conduct a study based on the samples taken and prepare a conclusion on the likelihood of the person’s paternity in relation to the child. Next, the conclusion will be sent to the court.

The sad thing about conducting an examination is its cost, which must be paid by the person who filed the request for the examination, most often the plaintiff. In judicial practice, there are cases when the examination is paid for from budget funds, in particular by the Office of the Judicial Department, but these are very rare cases.

When going to court:

♦ a claim to establish paternity is prepared and filed;
♦ the plaintiff and defendant participate in court hearings;
♦ if the court orders an examination to establish paternity, the plaintiff and defendant must follow the court’s instructions set out in the ruling on ordering the examination, in particular, appear before the expert together with the child. ATTENTION! if one of the parents evades participation in the examination, in this case, when making a decision on the case, the court recognizes one or another fact as established or refuted, taking into account which party evaded, i.e. if the child’s father does not appear for the examination, the court will consider it established that he is the child’s father;
♦ if the court satisfies the requirements for establishing paternity, the plaintiff receives a court decision that has entered into legal force and registers paternity with the civil registry office.

Grounds for establishing paternity

The basis for establishing paternity is

a joint application of the mother and father of the child submitted to the registry office, or applications submitted by each parent;
statement from the child’s father in a situation where the child’s mother cannot submit an application, due to death, unknown whereabouts, and in other cases;
establishing in court that the biological father of the child is the plaintiff or the defendant (depending on who files the claim), including in the situation where the defendant (the child’s father) recognizes claims to establish paternity.

How to challenge and cancel a decision?

Of course, the court decision can be challenged by one of the parties, according to Art. 49 RF IC. To challenge it, it is necessary to file a second claim listing the arguments and objections against the court's decision. Also, the plaintiff or defendant can appeal the results of the examination and demand repeated studies.

From the documents you will need:

statement of claim;
a copy of the child's birth certificate;
receipt of payment of state duty (300 rubles);
evidence confirming that the person recorded as the child’s father is not his biological father.

It is impossible to unambiguously predict the outcome of events, since the court evaluates the evidence in its entirety based on a full and comprehensive study of the case materials according to its inner conviction.

We invite you to read our articles about the certificate of paternity, the procedure for establishing paternity through the registry office and after the death of the father.

Evidence and documents to establish paternity

Evidence confirming the paternity of a particular person in relation to a child may include:

explanations of the parties and third parties,
witness statements,
some written evidence, for example, letters, a court verdict, if, for example, the child’s father, being an adult, had sexual intercourse with the child’s mother when she was a minor, resulting in her pregnancy,
photos,
medical documents confirming, for example, that the child’s father went with the mother and took certain tests,
audio and video recordings,
and, of course, the conclusion of a molecular genetic examination, which is ordered by the court during the consideration of the case.

How to write a statement to establish paternity?

Jurisdiction of cases to establish paternity. A claim to establish paternity must be filed in the district court. In this case, the claim can be filed both at the place of residence of the plaintiff and at the place of residence of the defendant; in this case, the plaintiff chooses where to file the application.

The state fee for filing a claim to establish paternity is 300 rubles.

When writing an application to establish paternity, you should be guided by the provisions of the procedural code on the form and content of the claim, namely, the claim is filed in writing, which must indicate:

the name of the district court to which the plaintiff is appealing;
Full name and address of the plaintiff, as well as telephone number, email;
Full name and address of the defendant, as well as telephone number;
the name of the procedural document “statement of claim to establish paternity”;
the text of the claim must set out the circumstances in connection with which the plaintiff goes to court, namely, what kind of relationship the plaintiff and defendant had (lived together and had a common household, or met); when the plaintiff found out about the pregnancy, and if she told the defendant about the pregnancy, what was his reaction; whether the plaintiff offered the defendant to establish paternity, etc. This is approximately what can be indicated in a claim and proven, including with the help of witness testimony. As a result, indicate that the defendant refused to establish paternity or does not recognize paternity, and therefore the plaintiff is forced to go to court. It is also advisable to refer to legal norms regarding issues of establishing paternity;
in the pleading part of the claim, the requirements are indicated, namely, to establish the paternity of the defendant, full name, date of birth, place of birth, in relation to the child, full name, date of birth, place of birth.
when justifying its claims, the plaintiff will refer to certain circumstances, which are confirmed by relevant documents (if such documents are available), copies of which must be attached to the claim and indicated in the annex to the claim. Those. After the stated requirements, it is necessary to indicate a list of copies of documents that are attached to the claim. Do not forget to attach the original receipt of payment of the state fee. Also, in the pleading part of the claim, they are sometimes asked to call witnesses to the court hearing who can confirm the plaintiff’s arguments, indicating their full name and address. A request to call and question witnesses can be filed in a separate document;
At the end of the application there is a date, the plaintiff’s signature and a transcript of the signature.

The claim, with the attached documents, must be filed with the court according to the number of persons indicated in it, i.e. if the plaintiff and defendant are indicated, then in 2 copies. Don't forget to make one copy for yourself.

USEFUL: watch the video with tips on filing a lawsuit and write your question in the comments of the video

Alimony

Alimony payments usually become the cause of a claim in most cases. The most common claims are against alleged fathers who either did not know about their paternity or refuse to acknowledge it. There are also counterclaims from men who were awarded alimony incorrectly.

The right to alimony is, first of all, the right of the child, which is why the state protects it with a powerful legislative framework. Proving paternity of a young child is easier for the plaintiff-mother and more difficult for the plaintiff-father.

The court's decision to award alimony payments to the child (sometimes to the child and mother) ends most processes where paternity on the part of a man is denied. Failure to pay alimony is punishable by fines and restrictive sanctions (for example, you will not be allowed to cross the border).

Cancellation of paternity establishment

There are situations when a man has established paternity without knowing that he is not actually the father of the child, and the child’s mother certainly did not know this. It was subsequently discovered that the man listed as the child's father was not in fact his biological father. What to do? In this case, the man or the child’s mother has the right to file a lawsuit to challenge paternity.

ATTENTION: if a man, when establishing paternity, knew that the child was not his, i.e. that he is not the biological father of the child, he will not be able to challenge his paternity.

However, a person may file a lawsuit to challenge the paternity of a person:

biological father of the child,
the child himself, who has reached the age of majority,
guardian (trustee) of the child,
guardian of a parent declared incompetent by a court.

Taking into account the above, you cannot simply go to the registry office and cancel established paternity, and it is not always possible to cancel paternity by challenging it in court.

Consequences of establishing paternity

For this reason, our clients are starting paternity court proceedings in Yekaterinburg and the Sverdlovsk region:

Alimony: it becomes possible to collect alimony, additional expenses related to education, treatment, etc. from such a parent, then in the future it will be possible to consider the issue of increasing child support, which will have a positive impact on providing the child with everything necessary for his full development and upbringing.
An entry in the certificate: the real father will be indicated in the birth certificate instead of a dash, and your child will no longer be fatherless - establishing paternity will correct the situation. At the same time, it sometimes happens that a parent, in relation to whom paternity has been established in court, develops a feeling of responsibility for the child, and the child has a wide circle of relatives on his father’s side, grandparents, aunts and uncles, who will be delighted to see him in their family. family of a loved one and will participate in his life. Even if the mother is against establishing paternity, the court will satisfy your demands.
Inheritance rights: in the event of the death of a common-law spouse and the fact of recognition of paternity is established, it becomes possible to register for the child the rights to the inheritance of the father, and paternal relatives, pension rights, moreover, the child acquires relatives on the father’s side who will be happy with the appearance of a legitimate child, “bloods” of a loved one who left them untimely.
Participation in upbringing: judicial establishment of paternity by the child’s father or his mother, recognition of paternity will allow in the future to avoid reproaches from the children that the mother left them without a father, both in fact and legally, that she took every opportunity for the father to participate in the children’s lives.

When it is necessary?

Before starting the procedure for establishing paternity, you need to clearly understand when, to whom and why this is necessary. The first reason is compliance with the legal rights and interests of a minor, because according to family law, every child has the right to live with his parents and live in a family. The reasons for establishing paternity may be:

Living together between a man and a woman without registering a marriage. At the time of registration of a birth certificate in the registry office, a man can express his desire to become a father, about which a corresponding entry is made in the civil status act.
Death of a woman during or after childbirth before receiving a birth certificate for the baby. In this case, the procedure follows a simplified scenario, when the father’s consent is sufficient to make an entry.
The marriage was declared invalid or less than 300 days passed from the moment of its dissolution until the birth of the baby. In this case, the presumption of paternity applies; the ex-husband is automatically recorded as the father on the birth certificate.