Establishing paternity in court step by step instructions

Family law > Parental rights > How to establish paternity through court? Instructions

The procedure for recognizing paternity is established by a forensic examination . Information about the father is included in the child's birth certificate.

• Some parents and children are concerned about this delicate issue, so we will consider in detail step-by-step instructions for establishing paternity in court.
• If at the time of registration of the baby the parents were in a marital relationship and were also considered husband and wife 300 days before his birth, then at the time of his registration, upon the application of one of the parents, paternity is automatically recorded without additional documents.
• When there is no official marriage agreement in a family, recognition of paternity is made through the court or voluntarily.
• Officially, either the biological father or a person not involved in the conception can become a father.

The procedure for recognizing paternity may concern unborn children, minors and even adults over 18 years of age.

1. Voluntary establishment of paternity, depending on the situation, can be carried out at the mutual request of the parents, when the alleged father and mother want to register the child in the name of the father.
2. As a result of registration, an entry about the parent will be made on the birth certificate, and a separate certificate will be issued establishing the biological origin of the child from the applicant.
3. The most common claims are cases about:

• recognition of the applicant as the father (if the biological father applies);
• recognition of the defendant as the father (if the mother applies);
• forcing the registration authority to cancel the record of the father;
• forcing the registration authority to make changes to the child’s birth record (change previous information and enter new information about the real father);
• recognition as an illegal action of the civil registry office, which refuses state registration, although parents and guardianship authorities have issued approval for registration of the father’s status;
• invalidation of the refusal of the guardianship authority to issue consent to register a biological relationship.

Before challenging paternity, you must collect the entire list of necessary documents:

1. Statement . A sample in the prescribed form (No. 12) is available in any registry office. The application is filled out and submitted to the registry office with the signatures of both parents. If one parent cannot be present when submitting the document, then his signature on the application must be certified by a notary office.
2. Applicants' passports . Identification of parents is needed to indicate the presence of children.
3. Honey. pregnancy certificate . It is necessary to provide if the application is submitted before the birth of the baby due to special circumstances, for example due to the baby's father.
4. Birth certificate . The document is needed if the child has been registered previously.
5. Receipt for payment of state duty . The amount of 350 rubles is paid on behalf of both parents.

How to file a lawsuit to establish paternity

1. Going to court. The claim is filed with the court (at the place of residence) by registered mail, through the court office or at a personal reception with the judge.
2. Consideration of the case in court.
3. Official registration of paternity.

If you are wondering which court is hearing the case, then you should know the following.

Documents are submitted to the registry office only at the place of residence in person or on the State Services website on the Internet.

Parents can choose to contact the territorial civil registry office at the following location:

• birth of a baby;
• mother's residence;
• dad's registration.

A package of documents is submitted along with the registration of a newborn or receipt of a child’s birth document . There are no penalties for late application, since doubts about paternity can arise even when the child has already grown up.

• Documents can also be submitted at the stage of pregnancy if the future parents have reason to believe that after the birth of the baby they will not be able to jointly declare that the father belongs to the child.
• For example, if the potential father has a serious illness, and the mother has a short pregnancy and there is a possibility that the child’s father will not live to see his birth.
• Then they can contact the registry office with an application for acknowledgment of paternity, attaching medical certificates confirming pregnancy.

There are situations when a wife gives birth to a child not from her husband . In order to indicate the real father in the documents, it is enough to submit an application to the registration authorities for the identification of a parent, then the official husband will not be recorded in it, but the biological parent will be indicated.

But more often a situation occurs when the official spouse is recorded as the father of the newborn, and not the common-law husband from whom the child was born. It is they who have complaints about the status of the parent.

Judicial practice to establish paternity without the child’s mother

The applicant for establishing kinship can be the father if the mother of the child:

• deprived of parental rights;
• her whereabouts are unknown;
• does not have the right to apply;
• declared incompetent;
• died.

The procedure for submitting an application and documents to the state registration department differs from filing a joint application.

The father must provide to the registry office:

1. Statement . The sample according to the established form (No. 13) is filled out and submitted with his signature by the child’s father alone. The necessary details are in the sample at the institution’s stand.
2. Father's passport . It verifies his identity, and also includes information about the presence of children.
3. Birth certificate . A note about the father is included in it.
4. Document on the incompetence or absence of the mother.

Depending on the situation, these documents include:

1. A court decision to deprive her of parental rights.
2. Judicial act declaring the mother incompetent.
3. A court decision declaring her missing.
4. A resolution or certificate from the police confirming the impossibility of establishing it.
5. Death certificate or court order declaring her dead.
6. Consent of the guardianship authorities based on the submission of a request and documents:
   • child's birth certificate;
   • certificate of registration of the baby;
   • documents about the absence of the mother;
   • consent of the child himself, if he is over 10 years old.
7. Receipt for payment of state duty 350 rubles.

Refusal of registration

Submitting documents for registration does not always result in a successful outcome of the case. The registration department may refuse to establish paternity for the following reasons:

1. There is already an entry about the father in the birth register and birth certificate. It can only be challenged in court.
2. The guardianship authority did not give consent to establish paternity. Even if the refusal is illegal, the registry office employees still will not accept your arguments and excuses. Restoration of justice must also be achieved in court.
3. The absence of some documents or they were compiled incorrectly (inaccurate data or inaccuracies). Some certificates can be quickly made and delivered (birth certificate or state duty receipt). But there are documents that can only be restored through court.

How to establish paternity through court

To consider this case in court, the following grounds are required:

1. disagrees with the paternity of a particular man. It is expressed in her avoidance of joint submission of an application to the registration authorities.
2. Availability in the birth certificate or in the birth register there is an entry about the father. Such a record may be challenged by:
   • father officially included in the documents;
   • actual dad;
   • mother of the child;
   • the child himself (adult).
3. Lack of consent from the guardianship authorities to formalize parental status at the request of the biological father.
4. Reluctance intended parent to be the father:
   • refusal to submit a single appeal in the absence of the child’s mother;
   • the father's evasion of a voluntary application for paternity registration;
   • non-recognition of the child by the father as his own.

This may be in cases where the mother files a claim for child support, adding the potential parent there.

If the defendant does not consider himself to be the biological father, then he has the right to refuse to pay child support. To collect alimony from him, the mother must first prove the fact of parental connection.

In such cases, no statute of limitations is established, and a settlement agreement is also excluded. A claim can be filed even if one of the parents has already died.

Cases to establish paternity are conducted at the place of residence of the applicant or defendant. A statement of claim is drawn up and submitted to the local court along with the following documents:

• child's birth certificate;
• confirmation of the fact of parental connection;
• refusal of the registration authorities (when challenging the registry office);
• refusal of the guardianship authority (if necessary);
• receipt of payment of state duty 300 rubles.

Statement of claim to court to establish paternity

Samples of standard applications for establishing paternity are available in courts on information stands or on their websites, although there is no single sample, since in each specific situation each claim is drawn up individually.

If you want to compose it yourself, then you should adhere to the rules prescribed in Art. 131 Code of Civil Procedure of the Russian Federation.

Your claim must include:

• the name of the court where you are filing the application;
• your data: full name, place of residence, email address, contact phone number;
• information about the defendant;
• child’s details: full name, date of birth, birth certificate number;
• requirement for recognition of paternity;
• evidence confirming the relationship between father and child;
• description of the circumstances of the case;
• package of documents attached to the claim.

The initiator of the claim may be:

• father or mother;
• guardian or trustee;
• child over 18 years old.

If the child is an adult, then his consent must be obtained in writing and confirmed at the registry office:

• the child’s personal signature and approval mark;
• personal presence of the teenager;
• certification of consent through a notary.

The claim must be drawn up in 3 copies. The first copy remains in your hands, the second is sent to the court, and the third is sent to the defendant.

The following list of documents should be attached to the statement of claim:

• child's birth certificate;
• petition to order a DNA test;
• consent to conduct genetic testing;
• petition for the attendance of witnesses;
• receipt of payment of duty.

When drawing up a statement of claim, it is important to take into account facts that may indicate paternity, for example:

• financial support of the child;
• living together with the baby’s mother and general housekeeping with her;
• participation in raising a child;
• manifestation of interest and care for the baby on the part of the potential father’s relatives;
• other circumstances.

These facts are refuted; if the parental relationship is denied, then documents about:

• the presence of a mother’s relationship with another man;
• physiological incompatibility of the father and mother, if they could not conceive a child (this may be a certificate from medical institutions where it was established that conception was excluded as a result of the characteristics of the organisms of this couple).
• other facts.

A parent who disputes the fact of paternity cannot refer to the fact that he is not a parent if, when voluntarily registering as a father, he knew about it. All he can rely on is formalization of paternity due to threats, blackmail or deception.

It is better to entrust the drawing up of a statement of claim to a lawyer, since in this case you need to provide all the details and know the legal subtleties.

How does the trial work?

When considering this claim, the court may order a genetic examination. Although it gives a 100% result, it is not recommended to use it as the only evidence.

To establish the fact of paternity, the following are taken into account:

• material evidence (photos, videos, gifts signed by the father);
• written evidence (extract from the birth history and medical records of the newborn, personal correspondence);
• witness's testimonies.

The court makes a decision after considering all materials in the case. After the court makes a decision and enters into force, one of the parents can apply to the registry office with a certificate of paternity for state registration of the document.

The officer will make an entry on the birth certificate and issue a certificate to the defendant.

When contacting the registry office, you need to collect the following documents:

• statement;
• the court's decision;
• fee - 350 rubles to establish paternity or 650 rubles to challenge paternity (changes in information in registration certificates).

Who pays for DNA testing when establishing paternity through court?

When filing a claim, the fee and expensive DNA testing are paid by the plaintiff. However, after a positive outcome of the case, the court orders all expenses in this case to be paid by the defendant, in accordance with Art. 98 part 1 of the Code of Civil Procedure of the Russian Federation.

How much does DNA testing cost?

1. The cost of the test depends on the pricing policy of the clinical laboratory and the urgency of the procedure, as well as on the number of study participants.
2. On average, the price fluctuates around 10 thousand rubles.
   As part of a medical examination for a paternity court, the test will cost approximately 1.5 times more.
3. DNA studies to determine genealogical relationships will be cheaper than forensic research and more expensive than conventional research. 

Establishing paternity and collecting alimony in court

If the potential father refuses to recognize the parental relationship with the child, the claim can state the fact of his evasion of financial support for the child and ask the bailiff to collect alimony from the father.

If the court grants the request, the document is sent to the bailiffs to assign alimony.

Applying to court in the event of the death of the father

Often the mother of a child goes to court after the death of the father. This is necessary to receive a survivor's pension and inheritance.

To prove paternity, testimony and facts of the father's maintenance of the child during the life of the child will be sufficient.

Such a case will be carried out in special proceedings. The court either establishes the fact of paternity of the deceased or rejects recognition of such a fact.

Video: Establishing paternity

Challenging paternity in court: step-by-step instructions

It is impossible to challenge paternity in court when a man is the biological father and the fact of filing a claim is due to his personal unwillingness to fulfill the duties of a parent provided for by the Constitution of the Russian Federation. But there are cases when the court sides with the plaintiff and makes a positive decision based on the documents submitted for consideration. An unsubstantiated statement, even with witnesses, is not enough.

According to statistics, every 3 men are raising a child that is not theirs! This is explained not only by the adoption of children upon marriage to their mother, but also by women’s concealment of the fact of premarital relations, or intimate relationships during family life. In this case, doubts closely related to the DNA test will help resolve controversial issues in court and free the man from the responsibilities of raising, paying alimony and fulfilling property obligations to his step-child.

The need to challenge paternity arises:

• when a newborn (Article 48 of the RF IC) is “by default” registered with a man who is married to the child’s mother;
• in the case where the biological father files a lawsuit challenging an entry in another person’s certificate;
• if a man is in a civil relationship with a woman, but has adopted her child.

A statement of claim can be filed by interested parties (guardianship department, adult child, guardians, mother) who wish to eliminate the registry office record and annul the paternity of a man who is not genetically paternity.

Often the biological father, who was previously married to the child’s mother, begins to challenge paternity. Motivation: new family, children, unwillingness to pay child support. Often second (third) wives, following mercantile considerations, demand a man to give up previously born children, so as not to share their inheritance in the future.

On the territory of the Russian Federation in the outback there is still a strong belief that a man who divorces his wife and abandons his own children, or refuses to marry the woman who gave birth to him, automatically becomes “not a father.”

What motivates people when they challenge legal laws is unknown.

There are legal canons according to which, on the basis of Art.

52 of the RF IC, the court can refuse the claim of a man, even if he has proof of his unrelatedness to the child.

Before filing an application, it is important to understand that the courts, first of all, act in the interests of the child! Any desire of a man that infringes on the rights of children, worsens their living conditions (food, education, loss of a roof over their head) will be rejected.

The court will not take into account selfish impulses aimed at preserving freedom, one’s own material well-being and a carefree life.

In order not to initiate the reverse process after establishing paternity, a man should foresee the fact of their occurrence in advance. And with a persistent reluctance to darken one’s life with obligations, one must make sure that his name never appears in the “father” column.

Cases when the court will refuse:

• if the child was born from a surrogate mother, or had artificial insemination. A man who has previously given consent to these procedures cannot subsequently abandon this child;
• when a citizen knows in advance that he is the biological father, but filed a claim without DNA, counting on a positive decision. In this case, the court may request a list of documents, including ordering a genetic examination, and if paternity is confirmed, the plaintiff will remain the parent and pay hefty legal costs.

If a man has previously admitted to being the father of a child on a voluntary basis, the court may reject his claim. In order to achieve a positive decision, it is necessary to provide compelling arguments proving that the establishment of paternity was involuntary and took place with aggravating circumstances (intimidation, blackmail).

The reason for refusal will be the mother's disability of the 1st group, or her imprisonment, long-term absence without determination of whereabouts, or deprivation of parental rights.

Unstable financial situation, alcoholism, neuropsychiatric diseases, any cases that do not allow the mother to raise a full-fledged member of society.

In these cases, the court is guided by the safety of the child and the reluctance to make him an orphan.

It is advisable to learn from a lawyer how to properly challenge paternity in court before filing a claim in court. It is possible that the man will not have enough hard evidence or documents, and any procedure for collecting them will be expensive.

The court will not take into account the lack of funds for genetic examination, for travel in order to obtain the necessary fact confirming the possibility of excluding a man from the father.

Important! A child over 10 years old may be present at the trial; the court takes into account his opinion on this issue. Therefore, if a man is driven by purely selfish motives, but he is the biological father, or has raised a child from birth, it is advisable to take into account what psychological trauma may be inflicted on the child.

Step one

What you need to prepare for court:

• a claim to challenge paternity;
• documentary fact of the child’s birth (certificate, passport);
• receipt of payment of state duty (300 rubles).

Download a sample statement of claim to challenge paternity

The appendix to the claim must contain the entire evidence base, on the basis of which one can clearly understand why the man registered as the father cannot be him. This could be: DNA examination, evidence from the bio-father and mother, stories from third parties, things, photos and videos.

Important! A person who decides to act in court as a witness to a woman’s extramarital affairs, or her infidelity, must remember the responsibility for giving false testimony. It is not enough to say that “I know”, in this case he must literally “hold the candle” and present irrefutable evidence to the court. If the court establishes the fact of slander, the false witness faces up to 3 years in prison.

Step two

The claim is filed on the basis of the Code of Civil Procedure of the Russian Federation, Art. 28-29, all documents are submitted to the city (district) court. A petition is submitted with the desire to conduct a DNA examination or its results if a paternity test was done in advance.

• If the interested person against whom the claim is filed avoids conducting laboratory research in every possible way and prevents the collection of biological material, the court makes a decision on the available facts.
• But the motives of the “dodger” are always taken into account, what exactly does he hope to win by interfering with the DNA examination.
• Satisfying a claim for renunciation of paternity will require a careful listing of what is removed from the records in the registry office, and what changes need to be made to the child’s birth certificate, on the basis of what documents, the time of entering the data, the names and surnames of the parents.

Step three

According to Federal Law No. 143 of November 15, 1997, the civil registry office makes changes to the birth documents of children. The plaintiff writes a statement with a list of demands and a court order, according to which changes will be made to the record of paternity.

List of required documents:

• passport (if you don’t have one, any identification document);
• child's birth certificate (with old records);
• receipt of payment of state duty (650 rubles).

The time to correct the data is 1 month, but on the basis of Federal Law No. 143, Article 72, clause 1, the government agency can extend the time frame for consideration and changes about the child’s father for a period requiring clarification.

If there is no information about the real father, the child receives the mother's surname. In the new certificate, in the “father” column, put either a new full name or a dash.

Often the plaintiff demands to change the child’s patronymic and surname if he was registered to another man. With the consent of the mother and at her request, the registry office makes these changes.

In practice, it is alimony and property obligations that become the reason for filing a lawsuit to cancel paternity in court.

Men who find out that they are raising a child that is not their own, or who previously adopted him, but are already divorced from a woman, want to get rid of Constitutional obligations.

When the court satisfies the claim to challenge paternity, all alimony payments and property inheritance are removed from the man.

The procedure for establishing paternity in 2020: voluntarily and in court

The procedure for establishing paternity is the official assignment of the status of parent of a particular child to a man. There are 2 options: voluntary and judicial.

The origin of the child (that is, the identity of his parents) is determined in accordance with Article 48 of the Family Code. With the mother, as a rule, everything is clear: documents from the maternity hospital prove everything. With the second parent, everything is more complicated. We will find out how to establish paternity in court and voluntarily.

The essence of the problem

Only the husband of the woman who gave birth is automatically recognized as the father (or the former spouse, if the divorce took place no earlier than 300 days before the birth). But girls are increasingly giving birth out of wedlock.

Some do this deliberately to limit a man's rights to children. But there are also those for whom it is important to include the father on the birth certificate. Sometimes a man expresses a desire to officially become a parent.

There are several ways to establish paternity.

Voluntary establishment of paternity

In accordance with Article 51 of the RF IC, if an unmarried couple has a child, they must jointly write an application to the registry office. This is done:

1. Before giving birth. To do this, circumstances must be revealed during pregnancy that will prevent treatment immediately after birth. For example, a potential father is seriously ill and intends to go on a long business trip.
2. Immediately after childbirth or until the child reaches adulthood.
3. After the child’s 18th birthday - subject to the consent of the son (daughter).

IMPORTANT! A man has the right to independently apply to the registry office to establish paternity only if the mother has died and is incapacitated by a court decision. In such a situation, he should enlist the support of the guardianship authorities.

The standard package of documents includes parents’ passports and a receipt for payment of the state duty (its amount is 350 rubles). In specific situations you will also need:

• old birth certificate (if another dad is written there or there is a dash);
• consent of the child (if he is an adult);
• the mother’s death certificate, a court decision declaring her incompetent and the consent of the guardianship authority (if the man applies alone);
• pregnancy certificate (if the application is submitted before childbirth).

You can contact the registry office directly or through the MFC.

Establishing paternity through court

If it doesn’t work out voluntarily, the father of the child will have to be determined forcibly. But in order to understand how paternity is established in court, you first need to find out the reasons why this did not work out. Possible options:

1. The parents are not married and did not file a joint application. As a result, the mother forces the father to fulfill his duties.
2. The father applied to the registry office alone, but did not receive the consent of the guardianship authority. The only parent has to prove his right to the child.
3. The father died before the relationship was recognized. The mother wants to add information about him to the birth certificate.

The package of attached documents also depends on the reason. Accordingly, the evidence base will have to be built differently.

Statement of claim to establish paternity in court: step-by-step instructions for drawing up and completing the form includes the following components:

1. A cap. Name of the court, plaintiff, defendant, their addresses and contact details. Also include information about third parties (territorial guardianship authority).
2. Title. It reflects the purpose of the statement and helps the court codify it correctly.
3. Circumstances. Information about the birth of the child, about his parents, about their relationship. Each of the circumstances should be supported by reference to the legislative norm. This will confirm that it is relevant to the resolution of the case.
4. The essence of the requirements.
5. Number and signature.
6. Applications. Documents that confirm the validity of the plaintiff’s claims.

• Sample statement of claim for recognition of paternity:
• Download claim template
• Submit an application to the city court of general jurisdiction - both in person and through the State Automated System “Justice” if you have an electronic signature or an ESIA account.

What documents should be attached to the claim?

In accordance with Article 49 of the RF IC, the court will accept any evidence that can confirm the origin of the child and identify the parent. Most often these are:

1. Parents' passports.
2. Birth certificate.
3. Registration documents (for example, about the registration of the father and child at the same address).
4. Testimony of witnesses (preferably written).
5. Audiovisual evidence (joint photos, videos, recordings of conversations).
6. Expert opinions. According to paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16 of May 16, 2017, the court has the right to order a genetic examination. But its results are not decisive evidence.

Since such cases concern the interests of children, they are not subject to state duty. Having received the decision, contact the registry office to register paternity based on it.

How to renounce paternity?

How is genetic testing performed?

Genetic testing is a test that will allow you to establish or exclude a parental relationship in a child. It is carried out in specialized laboratories and is a DNA test.

The expert takes DNA samples (hair, a piece of nail, saliva, etc.) from the child and the intended parent. As a result, the examination establishes the probability of paternity and the paternity index. Both of these indicators are digital:

• probability - at least 99.75%;
• index - minimum 400.

These figures are regulated by clause 84.11 of the Order of the Ministry of Health and Social Development of the Russian Federation No. 346n dated May 12, 2010 “On approval of the Procedure for organizing and conducting forensic medical examinations.”

Genetic examination is a paid service. It is paid by the plaintiff, but according to the court, the costs can be divided between both parents.

Is it possible to refuse it? Can. Even a court cannot force you to do a DNA test. But he has the right to make a decision on paternity even without test results.

Child support after recognition of paternity

After a court decision on recognition as a father, the father is obliged to pay alimony, but only from the date of the court decision.

Establishment of paternity in court. Step-by-step instruction

When is paternity establishment necessary?

This procedure is necessary for the child’s father to obtain the rights to raise the child and fulfill his paternal responsibilities towards the heir. In addition, without confirmation of paternity, it will be impossible to determine the child’s social status and designate his property rights.

The need to establish paternity in court arises in the following situations:

• when the baby’s parents are common-law spouses;
• when the child is not related to the family, which is legal for the woman who gave birth to him;
• when a woman does not want to officially recognize that a particular man is related by blood to her heir;
• when a man recognizes himself as the biological father of a child, but is in no hurry to officially legitimize his status;
• when the baby’s father is legally married to his mother, but doubts that he is a blood relative of the baby;
• if the child’s parents divorced their legal marriage more than three hundred days ago and this fact is a reason for the ex-spouse to doubt that he really is the father of the baby;
• if the baby’s biological father died, more than three hundred days have passed since the death of the father, he was not married to the mother ( Article 50 of the RF IC );
• if the child’s mother has died, been declared incompetent, missing or deprived of parental rights, and the guardianship authorities prevent the child’s father from fulfilling his intention to adopt the baby.

Which court should I go to to establish paternity?

Traditionally, consideration of such a claim begins in a court located near the defendant’s place of residence. Due to the fact that in every case of establishing paternity there are insurmountable circumstances, it is impossible not to mention the existence of certain rules.

• Thus, if it is not possible to identify the defendant’s place of residence, filing a claim may be carried out near the region where the real estate officially owned by the defendant is located.
• In the case where the latter does not have real estate and does not currently reside anywhere, the claim can be filed at the place of his last residence (of course, if this housing was located within Russia).
• The following evidence may serve as the basis for confirming paternity in court:

• results of genetic testing;
• personal letters from the child’s father in which he acknowledges his paternity;
• photographs showing the defendant with the baby;
• other documentary evidence that complies with the legislative norms of the Russian Federation.

What the law says

In the Russian Federation, the settlement of such issues is carried out through judicial and legislative documentation.

Primary sources include:

• Family code;
• civil registration law;
• content of the tax code of the Russian Federation;
• Government Decree No. 709 of July 6, 1998;
• clarifications regarding the application of the Family Code, published as part of Resolution No. 9 of the Plenum of the Supreme Court of the Russian Federation on October 25, 1996.

How can paternity be established in court?

According to generally established rules, a man who is legally married to the child’s mother is automatically assigned paternity, as evidenced by the corresponding entry in the civil register.

If the rule of three hundred days, just like the rule of legal marriage, are general, then in a situation with a civil marriage or with the birth of an illegitimate child to a married woman, paternity can be established either by the voluntary expression of the will of both parents, or in court.

The procedure for establishing paternity through court

Step-by-step instructions for establishing the consanguinity of a man and a child born out of wedlock consists of the following steps:

1. Definition of plaintiff. According to Art. 49 of the RF IC, this role can be played by both the alleged biological father himself and his mother, guardian, trustee and even a child (if he has already reached the age of majority at the time of filing the claim).
2. Drawing up and filing a statement of claim, as well as the official papers attached to it.
3. Protection of their interests by participants in the court hearing.
4. Applying to the registry office for state registration of paternity on the basis of documents issued by the court (if the judge makes a positive decision).
5. Receiving official documents from the registry office indicating the establishment of paternity.

Procedure for filing a claim

In order for a statement of claim to be drawn up in accordance with the requirements of the law and accepted for judicial proceedings, it must contain the following information:

1. The name of the district court in which, in the opinion of the plaintiff, the petition should be heard.
2. The initials (and if necessary, the full last name, first name and patronymic) of the person who filed the application with the court. The claimant must also indicate his place of residence. If the petition is filed by a representative of the plaintiff, he must be prepared to provide the court with detailed information concerning his person.
3. Initials and details relating to the defendant.
4. Statement of claim. The plaintiff or his representative must inform the representative of the law (in this case, the judge) in writing what, in his opinion, he sees as an attempt to infringe on his rights.
5. An explanation of the basis for these requirements. Here the plaintiff can describe circumstances that may indicate a violation of either his legal rights or his interests and freedom of choice.
6. List and summary of attached documents.

Sample statement of claim

When drawing up a statement of claim, the applicant must indicate: contact information, both his and his representative, as well as contact information of the defendant and his representative (if there is one).

Such data includes email, telephone and fax numbers.

You will also need to provide additional information that the plaintiff believes may shed light on facts that could affect the outcome of the trial and information regarding the motions (if any).

About the documents that the plaintiff may need

When filing an application to establish paternity, you will need to collect a number of documents.

The plaintiff must attach the following documents to the statement of claim:

1. A copy of the statement of claim. It will subsequently be handed over to the defendant.
2. A receipt or other document indicating payment of the state duty.
3. If the application is submitted by a representative of the plaintiff, he must present to the court a document officially confirming the right to act on behalf of the plaintiff and in his interests.
4. Documentary substantiation of the reasons for going to court.
5. Copies of justifications.

The plaintiff must prove that going to court is a necessary measure. Each of the evidence provided by the plaintiff will be considered by the legal authority separately. Subsequently, the court representative will determine how valuable the totality of all documentary evidence is and, having made conclusions, will rely on them when making a decision.

Source: https://legal03.ru/ustanovlenie-otcovstva-v-sudebnom-poryadke/

Establishing paternity in court - step-by-step instructions, after death, procedure, family law

The child's parents are not spouses. The legal husband is not the baby's father. Circumstances may vary. Sometimes a parent is unwilling or unable to voluntarily establish paternity.

How is paternity determined in court? The fact of confirmation of paternity as a legal aspect will entail certain parental responsibilities.

And men do not always agree to voluntarily recognize themselves as fathers. The state protects the interests of the child.

There is a specially developed procedure when an interested person can file a claim for recognition of paternity. How is paternity established through court?

General aspects

Legal disputes regarding the establishment of paternity are usually lengthy in terms of time and difficult in terms of moral standards.

It is necessary to collect quite a lot of evidence, it may be necessary to attract witnesses, and sometimes it is necessary to touch upon a purely personal side of the lives of the parties.

The child's mother needs to carefully consider whether she is ready for the consequences of recognizing legal paternity. Typically, a claim to confirm paternity is filed to obtain child support.

But often the child’s mother, a certain time later after satisfying the demands, goes to court again, this time to deprive the father of parental rights.

The fact is that the presence of a father requires his consent to any legal actions affecting the interests of the child.

Travel abroad with your child, move to a different apartment, change the child’s last name, etc. - All this requires consent from the father.

There is no statute of limitations for the court to establish the true father.

Regardless of the age of the child himself, including upon reaching the age of majority, a procedure for recognizing paternity can be initiated.

But clause 4 of Article 48 of the RF IC establishes that determination of paternity of an eighteen-year-old person is possible only with the consent of the latter.

When an adult individual is declared incompetent, a guardian or an authorized representative of the guardianship authorities acts on his behalf.

It happens during the judicial review that the defendant agrees to voluntarily acknowledge paternity by submitting an application to the registry office.

The court will determine whether this constitutes an acknowledgment of paternity. At the same time, the prospect of recognizing all other claims is being discussed.

Based on the results, a court decision is made. This category of cases cannot end with a settlement agreement.

What it is

There are two options for confirming paternity - voluntary and through judicial review.

Voluntary recognition of paternity occurs when the child's mother is not in a registered relationship, but the father recognizes the child. In this case, parents submit a general application to the registry office.

In this case, a woman has the right to register a child together with his biological father, if the legal husband is not the true father and does not object to such registration.

In court, the process is carried out in the form of a claim proceeding. When the biological father has died and paternity needs to be established to protect the interests of the child, a special proceeding is considered.

• If the legal spouse of the child's mother is not the father, then the record of paternity can be challenged in court.
• The plaintiff may be the registered or actual father, mother, the adult child himself, a guardian, or a legal representative.
• Courts consider claims to confirm legal paternity through civil proceedings.

An application for alimony may be filed immediately with the claim. If the plaintiff does not know where the defendant lives, a search may be announced by court decision on the basis of Article 112 of the Code of Civil Procedure.

For what purpose is it carried out?

Article 47 of the RF IC states that the legal relationship between parents and children is based on the fact of the birth of children from established parents.

This fact is determined in the manner prescribed by law. It doesn't matter whether the parents are married or not.

When the fact of paternity is reliably established, this becomes the basis for the emergence of mutual rights and obligations.

Consequently, children born in and out of wedlock have equal rights after legal paternity has been established.

Most often, establishing paternity in court and collecting alimony are interconnected.

When the court recognizes the fact of paternity, the father is required to pay child support payments. Alimony is awarded from the date of filing the relevant claim and not earlier.

According to Article 81 of the RF IC, alimony for children under eighteen years of age is collected in the following amount:

1/4 of father's income For one child 1/3 For two children 1/2 For three children or more

Establishing paternity may be required in some other cases. For example:

• receiving a share of the inheritance after the death of the actual father;
• assignment of survivor benefits;
• in the event of the death of the mother, if the father wishes to assume responsibility for raising the child.

Legal grounds

According to Article 49 of the Criminal Code, predetermined conditions are required for judicial establishment of paternity. In particular:

• lack of registered relationship between the child’s parents;
• lack of voluntary recognition of paternity;
• lack of mandatory consent of the guardianship and trusteeship authorities for voluntary recognition of paternity.

Important! If the child was born after March 1, 1996, then the norms of the Family Code of the Russian Federation are used in the claim proceedings.

Step by step instructions on how to establish paternity in court

Every child has the right to know who his parents are, to bear his father’s patronymic, and to receive financial support from both parents.

Unlike maternity, which is confirmed by documents from a medical institution, establishing paternity without a DNA test is possible in court or out of court.

In our article we will consider in detail the procedure and procedure for establishing paternity, the list of necessary documents.

Procedure for extrajudicial establishment of paternity without DNA

The Family Code of the Russian Federation regulates confirmation of paternity in two possible ways:

The choice of form for determining paternity depends solely on the willingness of the biological parent.

If a man agrees to recognize his child, give him a patronymic and assume parental responsibilities, recognition occurs out of court in the civil registry office (clauses 2, 3 of Article 48 of the RF IC).

Cases when recognition of paternity occurs out of court:

1. The child was born to spouses who registered an official marriage. In this case, the spouse automatically becomes the father of the child; his consent is not required.
2. The child was born to a couple who did not legalize their relationship, but submitted a joint application from the father and mother. The child's father must confirm with his signature in the joint statement that he voluntarily acknowledges his paternity.
3. If the child was born within 300 days from the date of divorce, death of the spouse, or the marriage was declared invalid. The deceased or former spouse is automatically recorded as the father of the newborn child.
4. Upon the voluntary application of the father (additionally, the consent of the guardianship and trusteeship authorities must be obtained in the event of the premature death of the mother or her recognition as incompetent or deprived of parental rights).

In this case, an application of the appropriate type is submitted to the territorial civil registry office at the place of residence of the father or mother, to which all the necessary evidence confirming the birth of the child is attached.

The application is submitted personally by one of the parents, or both parents jointly.

After the registry office employee checks that the application has been filled out correctly and that all the required documents are available, usually on the same day a birth certificate is issued, which contains all the information about the child’s parents and the last name, first name and patronymic assigned to him, chosen jointly by the father and mother.

Attention! Parents of an unborn child have the opportunity to submit a joint application during the woman’s pregnancy, if there is a possibility that after birth this will be difficult (for example, if there is a threat to the life and health of the mother during childbirth, severe forms of illness in the father, etc.) .

Paternity Establishment Procedure

If the father refuses to voluntarily recognize his child, the mother (or other legally established person) may initiate a judicial procedure to establish paternity.

It may be necessary to establish paternity in the interests of the child:

• To receive cash benefits;
• Establishment of alimony for the maintenance of a child and his disabled mother;
• Receiving a share in the inheritance of a deceased father;
• Receiving a pension for the loss of a breadwinner;
• The presence in the child’s birth certificate of an entry in the “father” column, made on the basis of a marriage certificate (if the biological father is another man);
• The father has a desire to communicate with the child and participate in his life.

Let's consider how the fact of recognition of paternity occurs in court. A claim demanding recognition of the relationship of a specific man in relation to a specific child is filed with the district court at the place of residence of the father or mother of the child. A parent, a person who is dependent on a minor or the child himself upon reaching 18 years of age, as well as a guardian or trustee can act as a civil plaintiff.

List of documents to establish paternity

The list of documents for establishing paternity depends on the form in which it occurs.

The application must be filled out using a special form; corrections, errors and typos are not acceptable.

• List of documents that must be provided:
• To establish paternity out of court
• To establish paternity in court

1. Statement;
2. Passports of both parents;
3. Certificate from a medical institution confirming the birth of the baby;
4. Receipt for payment of state duty;
5. A court decision declaring the mother incompetent (if necessary);
6. Certificate confirming the death of the mother (if necessary);
7. Written consent of the guardianship and trusteeship authority (if necessary);
8. Consent of a child who has reached the age of 18 to establish paternity in relation to him.

1. Statement of claim;
2. A receipt confirming payment of the state fee for consideration of the claim;
3. Birth certificate (copy);
4. Evidence that can prove the relationship between the child and his father.

Based on the submitted documents, a special certificate of paternity is issued containing the following information:

We looked at how to establish paternity if the father agrees or does not agree to this procedure, but it must be remembered that establishing the fact of a child’s relationship is a very important matter, each case is individual, and the package of documents required in your case may differ from the standard one.