Adoption by a father: of his child

The paternity of a child born in marriage or before the expiration of three hundred days after the divorce (death of the spouse) is established automatically on the basis of a marriage certificate or its dissolution.

However, spouses do not always register their relationship. There is often a situation in which the child’s father is not indicated or a stranger is declared to be the father, since the law allows the mother to do this.

Let's look at how paternity rights are proven in such cases.

Is it possible for a father to adopt his own child?

A father can adopt his children or establish paternity. Both procedures should be separated, since there are fundamental differences between them. Adoption is carried out exclusively by the court in the absence or unproven blood ties.

Establishment of paternity is carried out in the absence of documentary confirmation of biological relationship, and here the procedure can proceed either with or without the participation of the court.

As for children who have reached the age of 18, adoption is not permitted for them, and to establish the paternity of an adult, his consent is required.

In a civil marriage

For recognition of paternal rights, the presence of an official marriage is not a prerequisite. If a man does not want to acknowledge paternity, it can be forcibly established through the court. Voluntary establishment of paternity by mutual consent is possible:

• upon application to the registry office for registration of a newborn from two parents - after childbirth or later, until the child reaches 18 years of age;
• during pregnancy, if circumstances do not allow filing a joint application after childbirth, while the necessary registration is made after the birth of the baby.

A newborn born in an illegal relationship, after making a record of the father, receives equal rights in relation to him with children born in an official marriage.

If the mother is absent

If it is impossible for the mother to give consent (deceased, declared incompetent, deprived of parental rights, etc.), paternity is established at the request of only the man. In this case, it is necessary to obtain the consent of the guardianship and trusteeship authorities to make changes to the birth certificate, and if they refuse, to resolve the issue through the court.

From the baby's home

Sometimes circumstances develop such that a child ends up in an orphanage. This can happen when the fact of the birth of a child becomes known to the father quite late, and in the absence of the mother (death, refusal in the maternity hospital, etc.) the baby receives the status of being left without parental care.

It is possible that the man who lived with the mother of the orphaned child is not his biological and legal father, but considers himself such. Situations develop in a variety of ways.

In such circumstances, a man has the opportunity, if there are grounds, to establish paternity through the court or can take his child into foster care after adoption.

Requirements for an adoptive parent

The adoption procedure is regulated by law. The presence of incapacity, health limitations, criminal record, as well as insufficient monthly income or lack of housing conditions for the child to live prohibit adoption. A candidate for adoptive parents must undergo preliminary training and document his/her competence.

Let's figure out what documents are needed for adoption. The list of required certificates for adoptive parents should include:

1. Passport and registration certificate.
2. A certificate from the internal affairs bodies confirming the absence of a criminal record.
3. Documents indicating the right to housing and its compliance with sanitary standards, as well as indicating the absence of rent debts.
4. Certificate of completion of a medical examination.
5. Documents confirming income.

Additionally, the candidate must obtain a decision from the guardianship authorities on the possibility of taking the baby for adoption. It is issued at the final stage of collecting documents.

How to adopt your child

Adoption of a child by the natural father is not possible. Instead, the court makes a decision to establish paternity. The procedure is required if:

• mother's refusal to acknowledge paternity;
• records by the father of another person who does not want to waive his rights (challenging paternity);
• lack of application from both parents living together and connected by unofficial relationships;
• protection of the inheritance interests of a minor after the death of his biological father (outside of a registered marriage);
• the absence of the mother and the impossibility of an application on her part - when challenging the refusal of the guardianship authorities;
• expiration of three hundred days after the divorce;
• establishing paternity of children over 18 years of age;
• other possible controversial situations.

After a positive court decision is made, the father is endowed with all rights and responsibilities in relation to his child.

Establishing paternity

Based on the circumstances, the procedure is carried out in the order of ordinary claims or special (in the event of the death of the father and his recognition of paternal rights during his lifetime) proceedings. The process can be initiated:

• mother, father;
• guardian, trustee of the child;
• by the child himself upon reaching adulthood.

Since the law does not stipulate a limitation period, the process can be carried out for an unlimited time. The court takes into account evidence in any form that can confirm the fact of paternity. If necessary, a genetic examination is scheduled. If the whereabouts of the father are not established, a decision is made to search for him.

Where to contact

The child's father (defendant) submits an application to the court at the place of residence. If the initiator of the process is the mother, then she is given a choice - the claim can be filed both at her place of residence and at the place of residence of the father. Simultaneously with the application to establish paternity, it is permitted to file an application for the recovery of alimony.

From whom consent will be required?

When establishing paternity, a man must obtain the consent of his adult son or daughter. The consent of the guardian or guardianship authorities will also be required if the child’s incompetence is recognized by the court.

Required documents

The statement of claim, a copy of which remains with the defendant, is accompanied by:

• passport, TIN and their copies;
• receipt of payment of state duty;
• child’s birth certificate – original and copy;
• a certificate from the child’s place of residence;
• any evidence to confirm paternity;
• certificate of divorce;
• if necessary, with a request for a genetic examination and the required copies of other court decisions.

Within five days after the documents are submitted and accepted, a date for a preliminary hearing in the case is set.

Payments and benefits

After a positive court decision is made, the father receives the right to all payments and benefits due to parents when caring for their child. It should be taken into account that only one person has the right to receive benefits, which means that the father can apply for them only if the mother or other relatives determined by law have not taken advantage of this right.

• Maternity capital is paid to the father if there are two or more children, when the mother has died or been deprived of parental rights.
• After the mother's claims to establish paternity are satisfied, she loses all the benefits granted to a single mother.
• When collecting alimony, it will be calculated in the amount of 25% of the father’s actual salary immediately from the date of the court decision.

Denial of paternity

Refusal of established paternity is not provided for by law. Loss of parental rights is within the jurisdiction of the court.

Adoptive parents have the right to refuse to adopt a child in court before he or she reaches the age of 18 on the grounds provided for by law.

Source: https://opekarf.ru/usynovlenie/usynovit-ottsu-svoego-rebenka

The procedure for adopting a child born out of wedlock

Relationships between a man and a woman can be formalized as an official marriage or a civil marriage. In the first case, their relationship will be registered by a specialized government agency, in the second, they will live as a family, but according to the law they will not be one. When an official relationship is concluded, the birth of a child in a family is registered in the names of both parents. To do this, they should contact the registry office, presenting a certificate from the parental home. But on what principle is the registration of a baby carried out if he was born in a civil marriage? The answer to this question is contained in this article.

Who has the right to be an adoptive parent?

Russian legislation does not recognize a family living in a civil marriage. In this regard, babies born to such a couple are recognized as born without a father. Only the mother acts as a parent. When registering the birth of a new person, his mother’s surname is written down, and the woman is given the status of a single mother.

The adoption of a child who was born outside of marriage is strictly regulated by Russian legislation - the Family Code. You can download the current text of the law using the link.

According to Russian family law, men have the right to officially adopt a child born out of wedlock:

• biological father of the born baby. Such cases are not uncommon, since due to some circumstances, the man cannot come to the registry office when the birth of the child was registered. For example, he was on a business trip, seriously ill, etc.;
• biological father who was not aware that he was about to have a child. For example, a man was not in a civil marriage with a woman, but learned that he became a father only after the birth of a child;
• a man who is the official spouse of a single mother, but not the father by blood, also has the right to adopt a minor.

The law provides for two options for adopting a child born out of wedlock. Among them:

• submit a petition to the competent government agencies for recognition of paternity;
• officially adopt a child, since the man is his biological father.

How to adopt a child born out of wedlock?

According to the provisions of the Russian legislative framework, the adoption of a child born out of wedlock is possible in two ways:

• voluntarily;
• compulsorily, by decision of a judicial institution.

Adoption of a child by a father on a voluntary basis. In such a situation, the man and woman must submit an application to the registration office.

But, the law does not prohibit the father from initiating the adoption of his child. This option is possible when the natural mother is absent - she died, went missing.

But to begin the adoption procedure, a man will need to obtain written permission from the authorized guardianship and trusteeship authorities.

Adoption based on a court order. A man who wants to officially become a father to a minor has the right to apply to a judicial institution. To apply, he will need to draw up a statement of claim and a package of specific papers. In court, it is possible to formalize paternity of a child born out of wedlock, even without the mother’s consent.

In general, the procedure for the adoption of a minor by his father is as follows:

• making an appropriate decision by a couple living in a civil marriage;
• collecting a package of documents and drawing up an application by both parents;
• payment of state duty;
• submission of documentation and application to the state registration office - registry office;
• Waiting for a response from the registry office staff.

In cases where a single mother cannot be personally present when submitting an application, she must have her signature notarized. If these conditions are not fulfilled, the papers will not be accepted for consideration.

If a married couple living in a civil marriage decides to register their relationship officially, then formal paternity can be completed automatically. In this case, the minor’s birth certificate will contain the appropriate marks indicating the presence of a father.

If the child is over 18 years old

In accordance with the law, the process of adopting your child can only be carried out until his 18th birthday. Since citizens who have reached this age category according to the Civil Code of Russia become fully capable and independent individuals who do not need guardianship from senior persons.

When a person has reached 18 years of age, the man has the right to submit documentation to establish paternity, but not for adoption. In this case, the law provides for obtaining the consent of a minor.

In the absence of a mother

A man who previously lived with a woman in a non-official relationship has the right to claim rights to the child even in the absence of the mother. The law provides for the following cases when a man can claim rights to a child born in a civil marriage:

• if a single mother is missing and there is official confirmation of this;
• a woman who previously raised a minor herself has been declared incompetent and there are relevant medical papers about this;
• the mother is deprived of parental rights due to certain circumstances;
• the woman died.

Read also: Schengen permit for a child: is registration required if traveling with one parent?

In order for a man to adopt a child without the mother’s consent, he needs to collect documents and submit an application to the institution providing guardianship and trusteeship services. All necessary acts are submitted at the place of residence.

If, after reviewing the submitted papers, the employees of this body satisfy the man’s request, then he is issued a document indicating the approval of his candidacy for adoption of the child.

Next, the man, with the consent of the guardianship institution, needs to go to the registration service to formalize the adoption.

List of documents

To adopt a child born in a civil marriage, it is necessary to prepare a certain package of documents.

You need to collect documents consisting of the following list:

• statement;
• birth certificate of the future adopted child;
• certificates confirming the good health of the potential father. It is important that the medical report contains not only information about physical health, but also mental health;
• conclusion of the treatment center about the good condition of a minor born out of wedlock;
• an act indicating that the father has not been convicted previously;
• the mother’s consent to the adoption of her child (necessarily in writing and with her personal signature);
• if the mother was deprived of parental rights, then this fact must also be provided in documentary form;
• if a single mother has died, then the father must be provided with a certificate of her death;
• papers recognizing the mother as incompetent or missing must also be provided if this fact occurs.

All documents are provided in originals + copies.

If the papers contain false information or are submitted in an improper form, then consideration of the petition for the adoption of a child born out of wedlock will be denied.

Another important aspect when adopting a child born out of wedlock is a correctly completed application. It must be written correctly and must not contain blots or errors. To correctly complete the application, it is recommended that you familiarize yourself with the example of filling it out.

Download a sample application

You can submit an application to adopt your child only after paying the state fee.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

Source: https://dom-i-zakon.ru/semejnoe-pravo/usynovlenie-svoego-rebenka-vne-braka.html

What is the procedure for establishing paternity and how does the procedure take place?

According to the latest data, about 30% of mothers in Russia are single. These are approximate data, since it is not possible to accurately record single-parent families. Often there is a dash on the birth certificate or the father is written down from the mother’s words, which is not always true. However, there are also conscientious fathers who, after some time, still express a desire to be present in the child’s document.

Next we will tell you how to adopt a child to his natural father.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-52-17. It's fast and free!

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Under what circumstances is this possible?

In order to undergo the procedure of establishing paternity (adoption), certain requirements must be met:

1. If both parties come to a mutual decision and can agree on the unhindered recognition of the father, then a written statement in the registry office from both will be enough to make changes to the child’s certificate.
2. If for some reason the child does not have a mother, then paternity can be established with the help of the guardianship authorities. This is a rather difficult method of adoption, as it requires providing a lot of evidence that the child is definitely yours.

   The most reliable way in this case would be to conduct a DNA test. If you manage to convince the competent authorities, then you can easily be recognized as the father.

3. If none of the above methods suits you (the child’s mother does not give consent, there is not enough evidence for the guardianship authorities), then there is only one cost – going to court. In court, you have the right to ask to be forcibly recognized as the father of the child, again, if you have evidence sufficient to satisfy your claim.

The adoption procedure is carried out at the request of the plaintiff with the involvement of numerous witnesses. This is necessary for a more complete picture of the evidence.

Conditions for the procedure

Russian legislation strictly regulates and enforces the requirements for adoptive parents. To a greater extent, this is due to the unfair attitude towards adopted children, which has more than once led to disastrous results.

• According to Resolution No. 542 of 05/01/96. The adoptive parent should not have problems with alcohol and drugs, have a good mental state and nervous system. In addition, he must be HIV-negative and free from cancer and tuberculosis.
• When adopting, the guardianship authorities pay special attention to the material level of the adoptive parent. It must comply with the standards adopted in the regional district. Income taken into account during adoption includes wages, pensions, compensation, and fees. Unemployment benefits, interest on returns on purchased purchases, and subsidies for real estate payments are not taken into account. If parents and other relatives who will also take part in raising the child live with the adoptive parent, their income can also be taken into account, by court decision.
• In terms of living conditions, the adoptive parent must have square meters that meet generally accepted standards. The premises must meet sanitary and technical standards and have optimal living conditions for the child. Those who do not have the necessary living conditions do not have the right to become adoptive parents. Namely, those who are registered and live in country houses, dormitories and temporary shelters that are unsuitable for living. However, in some cases the court makes concessions if it is in the interests of the child.

In a word, those who do not lead an asocial lifestyle , are capable and are not married to an incompetent person, do not abuse bad habits, have not been convicted and have not been deprived of parental rights, have the necessary conditions for living, and have successfully passed training courses for adoptive parents.

What documents need to be prepared?

In cases where paternity is established voluntarily, the child’s parents will need to provide the following documents to the local state registration authorities:

1. identification document (passport);
2. a notarized document, in the absence of one of the parents;
3. the consent of the child upon reaching the age of majority (you can find out how to adopt an adult and whether it is possible in Russia to change the family status of an already adult “child” here);
4. a certificate from the antenatal clinic if adoption occurs during pregnancy;
5. if adoption occurs after the child is registered, a birth certificate is required;
6. statement established by Government Decree No. 1274 of October 31, 1989;
7. check for payment of state duty.

This is what the application form for a child’s consent to establish paternity looks like when he reaches the age of majority:

A slightly different package of documents will be required for the adoptive parent if the child does not have a mother for some reason.

To do this, the potential father must have:

1. identification document (passport);
2. birth document of the adoptee;
3. if the child’s mother is not alive, then a death certificate is needed;
4. if the mother improperly fulfills her duties and is deprived of parental rights, then in this case a court decision will be required to recognize her deprivation of rights;
5. consent of the competent authorities (guardianship) for adoption.

If paternity is established in court, the list of documents is approved on an individual basis . We list only the necessary ones:

1. statement of claim;
2. document confirming the birth of the child;
3. the opinions of witnesses and material evidence indicating the relationship between the father and the child;
4. check for payment of state duty.

Read more about what documents are needed to adopt a child and where to start this process here.

For adoption (establishment of paternity), there are two authorities where you should contact. Firstly, this is the registry office, where you can write an application for paternity if there is a mutual agreement between the father and mother of the child. If there is none, then the package of documents must be submitted to the local district (regional) court.

If the father denies his relationship, he should undergo a DNA examination to determine the biological relationship, although this is not a determining factor in court. Forensic specialists rely more on witness testimony and the presence of material evidence of family relationships.

• If the father completely denies his biological relationship with the child, then he needs to go to a specialized clinic for a DNA examination (the cost can be about 25 thousand rubles).
• If the examination was carried out independently, that is, the woman herself took possession of the genetic material, then in court the DNA results (even if they are positive) may be considered invalid.
• They can serve as official confirmation only if genetic testing is ordered by court order.

Procedure

In order to establish paternity in court, a number of documentary stages are required.

Accepting parenthood is a responsible step that will require you to fulfill certain obligations. If you are ready for this, then go ahead:

1. Before you start collecting documents for adoption, you should decide in what order your discussions with the other party will take place. If both parties make a decision that suits everyone, then you will have to collect documents for voluntary adoption.

   If difficulties arise on the way to recognizing kinship, then a set of documents will be collected according to the principle of judicial proceedings.

2. The next step is to figure out which authority the collected information should be sent to. If everything is resolved “peacefully”, then the documents will be sent to the district registry office. If the adoption takes place in court, then, accordingly, the documents should be submitted to the district (regional) court.
3. In court, the case is considered with the involvement of the child’s legal representative, the child himself, if he is over 14 years old, the prosecutor and guardianship representatives. In this case, the role of guardianship is very important. If they are completely on the side of the applicant, then the court has the right to accept their decision.

   The same applies if the guardianship authorities do not have enough evidence to recognize paternity. The process also involves witnesses who can prove or disprove the fact of relationship between the adoptive parent and the child.

If consent is obtained from the authorities, the child himself (after 14 years of age) and the official representative, then the court will accept the case for consideration, which will be conducted behind closed doors.

When establishing paternity (adoption), one must be guided by horizontal jurisdiction. In this case, the claim is sent to the applicant’s place of residence , that is, to the district court. Subsequently, according to Article 28 of the Code of Civil Procedure, it is presented at the defendant’s place of residence.

Article 28 of the Code of Civil Procedure of the Russian Federation. Filing a claim at the place of residence or location of the defendant

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.

State fees and deadlines for consideration of the case

Along with emotional difficulties in the process of establishing paternity, there are also financial difficulties ahead. This is a state fee that you will have to pay, depending on the procedure. If the parties have agreed and the adoption takes place through the registry office, then the cost of the fee will be 350 rubles . By the way, this amount includes a new birth certificate for the child.

Read also: How to file for divorce in another city: without registration, sample application

If the plaintiff is short of funds, then in the application he can indicate that the money spent should be recovered from the defendant.

Depending on which authority you will make the payment to, the details should be taken from the organization’s employees . Payment receipts can also be obtained on the government services website.

Payments can be made either in cash at bank branches or non-cash through terminals.

The original receipt must be provided to the courts and registry offices, so it is advisable to make a copy of the receipt in case of urgent need.

From the date of filing an application to the court to adopt your own child, the case will be considered within a month. In particular, it depends on the mood of both parties and on the professionalism of forensic specialists.

Within a month after going to court, the judge determines the day when the next meeting will be held . At the meeting, a final decision regarding the claim is made.

If the decision is positive, it comes into force 10 days from the date of its adoption. During this period, dissatisfied parties can file an appeal. In this case, the entry into force of paternity will be suspended.

After approval of the applicant's claim, the latter must contact the registry office to obtain the appropriate paternity documents. Documents required to obtain a certificate:

• personal passport;
• birth certificate of the adopted child;
• court decision recognizing paternity;
• duty payment receipt.

It will take one day to make changes to civil status acts. The document will be issued to the adoptive parent on the day the application is submitted.

According to all the above requirements, a man is given the opportunity to become the father of his own son legally. Despite all the paperwork and judicial red tape that you have to go through, this is a drop in the ocean compared to the honorary title of a new father.

Video on the topic

You can also learn about the procedure for establishing paternity from the video:

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Source: https://pravilabraka.com/usynovlenie/rebenka-sobstvennym-ottsom.html

How to adopt a father of his child - what documents are needed, how it is completed

The Family Code establishes that the priority form of placement for children without legal parents is adoption. This procedure is long and involves the collection of a huge number of various documents that allow it to be carried out.

However, if a biological parent who is not married to the child's mother wishes to acknowledge paternity, it is somewhat simpler and does not require the submission of all documents necessary for adoption.

Let's take a closer look at how a father can adopt his child.

Basic Rules

If a woman gives birth to a child while in an official marriage, her husband is automatically considered de jure the father. The rule also applies to situations where the husband and wife filed for divorce, but no more than 300 days passed from that moment until the birth of the child.

In other situations, entering information about the father into documents can occur according to different schemes. Firstly, the data is entered from the mother’s words. It turns out that in fact the man is noted in the document as the father, but legally has no rights or obligations in relation to the child.

This trend is currently growing due to the presence of a large number of so-called civil marriages. In situations where a man cannot be automatically recognized as the father of a child by law, there are 3 main ways to carry out this act:

1. Submit an application drawn up jointly by the mother and father when issuing a birth certificate to the registration authority.
2. Submit an application on behalf of the father to the guardianship and trusteeship authorities. This option is carried out if the child’s mother was declared missing in court.
3. File a claim in court if the child’s mother refuses to recognize the paternity of the man or the child was automatically entered into the birth certificate of another parent, because the mother is or was officially married within the prescribed period. This procedure is also carried out if the guardianship and trusteeship authorities refused to give consent to the recognition of paternity.

No matter how paternity is recognized, both the child and the parent have all the rights and obligations established by legal norms in relation to legitimate children.

Adoption in the Russian legal system is a procedure whose purpose and result is the adoption of minor children with the establishment of all the rights and obligations present between legal parents and children.

The categories of persons subject to adoption are specified in Art. 124 RF IC. First of all, these are children left without parental care. Based on this norm, it turns out that the biological father cannot adopt his child, but only recognize the fact of paternity. Although this is what the procedure is called in common parlance.

Adoption, as a rule, is practiced by stepfathers and stepmothers in relation to the children of their spouses.

How to establish paternity

There are 2 main ways to recognize paternity:

1. With the help of the court.
2. Voluntary.

It should be borne in mind that the intervention of judicial authorities may be necessary not only if the parties refuse to carry out the procedure.

Voluntary confession

Recognition of paternity unilaterally is impossible. Either the mother of the child or the guardianship and trusteeship authorities are involved in the procedure. It can take place according to different schemes, but with the obligatory application to the registry office.

The simplest option is if the mother and father of the child are not officially married, but have a mutual decision to establish paternity. There are no other factors interfering with the procedure. In this case, it is enough to submit an application to the registration authority when receiving a birth certificate. Considering that the presented situation is widespread, the procedure is brought to automaticity and takes little time.

The child's mother may not always be present when the application is submitted. For example, if she died, was deprived of legal capacity, or was declared missing by the court. Then in actions it is necessary to rely on Art. 48 of the RF IC, which prescribes first of all to contact the guardianship and trusteeship authorities with a request to issue written consent to carry out the procedure.

The possibility of establishing paternity on the basis of a written statement is also available to those couples who have not yet actually become parents.

It is provided if it is anticipated in advance that a situation will arise in which filing a joint application after childbirth will be difficult or impossible. For example, if the mother has a serious illness.

Then the registration by the registering authorities will be made after the birth of the child.

If the establishment of paternity is supposed to be carried out on the basis of the mutual desire of the father and mother, then in addition to it the following documents will be required:

• General passports of parents.
• Application on form No. 12.

If one of the parents cannot, for objective reasons, be present when submitting the application, the other party must submit his documents. And the application itself must bear the signature of the absent parent, certified by a notary.

When a father submits an application to the registration authority when his mother is absent, he will need the following documents:

• General passport.
• Child's birth certificate or extract from the maternity hospital.
• Certificate of marriage and/or divorce.
• A court decision that the child’s mother is considered dead or missing; death certificate; court decision on restriction of legal capacity.

When submitting an application to the registry office, you do not need to pay a state fee.

Judicially

Going to court with a claim to establish paternity becomes necessary in several situations:

• The biological parent refuses the voluntary paternity establishment procedure.
• The mother refuses to recognize the man as the father of her child.
• Guardianship and trusteeship authorities do not provide consent to voluntary establishment of paternity in the registering authorities.
• The father of the child is the man with whom his mother is officially married or was married 300 days before the birth.

When there is a situation with a categorical refusal of the parties, it is advisable to have a judicial representative or, at least, get advice on building a line to protect your interests. If this is not possible, you must refer to Art.

131-132 of the Code of Civil Procedure of the Russian Federation to familiarize yourself with the rules for drawing up a statement of claim. A claim is filed at the defendant’s place of residence in a district (city) court of general jurisdiction.

Provided that such is a legal entity (for example, an orphanage), then - at its location.

The statement of claim must contain the following information:

• The name of the authority where the claim is submitted.
• Basic information about the plaintiff (full name, date of birth, registration address, series and number of civil passport, etc.).
• Basic information about the defendant.
• Statement of the essence of the problem: what the plaintiff sees as an infringement of his personal rights.
• A proposed solution to the problem with reference to Russian legal norms.
• List of attached documents.
• Date of filing the claim and signature with transcript.

A number of documents (copies) must be attached to the statement of claim in order for it to be accepted for legal proceedings. Depending on the situation, the list may change, but in general the following documents may be needed:

• Plaintiff's civil passport. If his representative appears at the trial, his documents will also be needed, plus a notarized power of attorney.
• Certificate of marriage and/or divorce. They are necessary even if the marriage did not take place between the child's biological parents.
• Certificate of family status.
• Certificate of availability of living space.
• Certificate – a conclusion about the plaintiff’s state of health.
• Expert opinion on performing a DNA test.
• Certificate of no criminal record.
• A decision made earlier by the court recognizing the mother as deceased or missing.
• Court decision declaring the mother incompetent.

It is not necessary that all of these documents will be needed in the consideration of one case.

Not only the parent himself, but also the following persons can act as the initiator of the case for recognition of paternity:

• Mother of the child.
• Guardian or trustee.
• Close relative.
• The child himself after reaching 18 years of age.

The statute of limitations for these cases is not specified in the regulatory documents. Therefore, the procedure can be carried out at any time.

Process nuances

According to Russian law, only a minor child can be adopted. When it comes to establishing paternity, this rule does not apply.

However, if we are talking about establishing paternity in relation to a child who has reached the age of 14, then for legality it is necessary to seek the latter’s consent for implementation. If the child does not give consent for any reason, the procedure is impossible.

If the fact of paternity has been established in relation to a man, he automatically acquires all the rights and obligations that parents and children have. It is impossible to refuse their implementation.

Even if a parent of either gender is separated from his child, he loses the rights to raise him, but all maintenance responsibilities remain unchanged. But this does not apply to children who were adopted.

If the adoptive parent abandons the child, he then loses his maintenance responsibilities.

Source: https://lawinfo24.ru/family/usynovlenie/kak-otcu-usynovit-svoego-rebenka

Adoption of your child by the biological father

The adoption of a child by one’s own father, or as it is correctly called, the establishment of paternity, is in fact a procedure that is fundamentally different from adoption as such.

Read also: Divorce without the consent of the husband: with children, without children

What are the main differences between ordinary adoption and “adoption of a child by a father” - establishing paternity:

• 1. Adoption is relevant in cases where there is no blood relationship between the adoptive parent and the child. Paternity can be established precisely in the case where the child is related by blood, but for some reason information about the natural father is not included in the birth certificate.
• 2. The procedure for adopting a non-natural child can be carried out exclusively in court (You can read more about this in the section - Procedure, order, how to register). You can “adopt” your child much easier and there are the following ways to do this:
• a. Firstly, a father’s adoption of his child is possible by directly contacting the child’s blood father and mother with the civil registry office. If both parents are ready to appear and write a statement together, then information about the biological parent will be included on the baby’s birth certificate without any problems.
• b. Secondly, if it so happens that at the moment when you wanted to claim your rights and carry out the procedure of “adoption by a natural father,” the child’s mother died, then you can enter your data into the child’s birth certificate only with the consent of the guardianship. In order to obtain such consent, you will have to provide the maximum amount of evidence that will convince the guardianship officers of your relationship. As a rule, one of the most powerful arguments will be a genetic examination.
• c. Thirdly, if the guardianship does not give you permission to establish paternity or the child’s mother for some reason categorically objects to going with you to the registry office, then in order to adopt his own child, the father needs to file a claim in court and ask to confirm paternity forcibly.
• 3. The adoption process always has the character of a “special” proceeding, initiated upon an application (You can read about the rules for writing it in the section - Application) and is considered with the involvement of a very wide circle of persons, “establishing paternity” is an ordinary claim proceeding, where there is, how As a rule, only two characters are the plaintiff (father) and the defendant (child’s mother).

Can a common-law husband adopt a child?

As for the adoption of a child by a common-law husband, everything again depends on whether the child is his own or not.

If you need to find out how to adopt your child from your common-law wife, then this is a fairly simple question that can be resolved by directly contacting the child’s father and mother with the registry office with a joint application.

If the child is not yours by blood, then you will have to resort to the adoption procedure. You can find out all the details of this process in the section - How to adopt.

Documents for establishing paternity in court

If for some reason you still had to resort to going to court to establish paternity, then you need to do the following:

• 1. Prepare a claim in which you present all the arguments in favor of the fact that you are the real father of the child.
• 2. Pay a state fee of 300 rubles.
• 3. Attach supporting documents. It can be:
• a. Photographic materials;
• b. Explanations of witnesses;
• c. Results of genetic testing.

After you have submitted all the materials on the case, the court first schedules preparation and then trial.

If the evidence you provide is enough for the judge to form a final opinion and confidence that you are right, then in many ways the process will be formal in nature and consist of a simple formal confirmation of an existing fact.

Source: http://usynovlenie-rebenka.ru/svoego-biologicheskim-otcom-sobstvennogo

Adoption of your child by the biological father

Table of contents

The procedure for adopting one's own offspring is often used. There are many reasons why a baby may not have a father. The process is complicated by the fact that the authorized bodies primarily take into account the interests of the minor. Thus, filing a petition requires the involvement of E&P authorities and, in some situations, the court.

Usually the father is recognized as the person who was recorded in the corresponding column of the birth document. However, sometimes there is a dash in it. Therefore, there is a need to undergo a formal procedure that allows a man to acquire legal rights and obligations in relation to his son (daughter).

So, how can a father adopt his child if the spouses did not have time to sign before the birth, and what will change then?

Adoption of a biological child by a father

Often, at the birth of a baby, information about the father is not included in the certificate. This may be dictated by the lack of official relations between partners or the man’s reluctance to recognize the baby.

Also, spouses can obviously make a similar decision, because the status of a single mother allows them to receive increased benefits.

However, this ultimately leads to the fact that the father is deprived of all rights and responsibilities towards the offspring. 

Adoption is understood as a procedure during which the obligations for raising and maintaining a child, as well as caring for him, are assigned to a stranger.

Registration of the appropriate status is possible when biological parents are deprived of their rights or have died. Thus, the procedure is typical for the arrangement of persons left without the care of their mother and father.

For this reason, calling the acquisition of official status by a natural father adoption is not entirely appropriate.

Important! The process of obtaining rights and obligations in relation to a natural offspring is correctly called establishing paternity. So, it makes no sense for a biological father to adopt his child.

Establishing the fact of paternity is a legal term that reflects a legally established procedure carried out through the registry office (sometimes with the involvement of a court).

Adoption is allowed only if the man deliberately intends to hide his blood connection with the offspring.

In the latter case, it will acquire the corresponding status after a lengthy procedure, for which the legal acts are subject to much greater requirements.

When is paternity required to be established?

As already noted, most often this process is initiated due to the absence of an entry on the birth certificate. Sometimes partners simply don’t think that a stamp in a passport can solve many problems.

Therefore, the baby is born into an incomplete family. At the same time, the mark in the documentation is important. It is this that indicates the emergence of obligations in relation to the minor.

A legally significant action may be initiated in connection with:

• the parent’s awareness of the birth of the baby and conscious refusal to indicate data in the certificate;
• lack of information about the birth of the offspring. If partners lose contact and separate, then the mother may simply not tell her partner that he has a child.

Establishment of paternity is permitted regardless of the reasons why it was not established earlier. The procedure is carried out regardless of the relationship between mother and father. They may live together or not communicate with each other.

The main thing is that establishing the status of a man is in the interests of the minor. The latter are under special protection of government agencies.

Thus, in order to ensure the normal development of a minor and provide him with a full-fledged family, government agencies do not create obstacles to a man receiving the status of a father.

How to register through the registry office?

The registration authority is responsible for making relevant entries in the civil register. Accordingly, the local department stores all information about the minor citizen and his parents.

To solve the problem that has arisen, the biological father needs to enter his data into the birth certificate of the child. Despite the simplicity of this event and the personal will of the man, difficulties are possible.

The main nuances include:

• recognition of the fact of consanguinity between an adult and a minor is a procedure requiring consent from the mother. The basis for consideration of the request is a personally written statement. The mother of the minor must also notify the registration authority that the applicant is the father of the child. The document is reviewed within 30 days;
• Sometimes women are against establishing paternity and do not give their permission to indicate this fact in documents. The only way out is to go to court. If the applicant has submitted an application to the registry office, then at this stage he will have to withdraw the application;
• The corresponding note will not be made even if the woman’s location cannot be determined. The woman must personally come to the structure and support the baby’s dad.

Submitting an application to the Civil Registry Office is free. Despite the presence of cases where the mother of a child is against the former partner receiving a new status, most disputes end peacefully. This has positive aspects for the mother of a young child. If the minor has a father, the woman will be able to apply for child support.  

When is a case decided in court?

Taking into account the above situations, we can conclude that a trial is possible when the whereabouts of the mother have not been established, as well as when the woman denies the relationship of her partner with the baby.

Often, the registry office authorities have doubts about the testimony provided by the woman.

This happens in cases where the representative of a minor suffers from mental disorders, is deprived of rights in relation to the child, or has been convicted of a crime directed against the life (health) of the offspring.

Unfortunately, when it is not possible to solve the problem with the consent of the mother, all that remains is to file a claim. This category of petitions is identified in legal proceedings as a separate group and has a wide practice.

Important! There is such a legal concept as “presumption of paternity.” It reflects a man’s right to automatically receive status if a baby is born within a marriage no more than 300 days after the breakup of the marriage.

What documents are needed?

Documentation must be collected taking into account the requirements of the Code of Civil Procedure of the Russian Federation. In particular, Art. 55 contains a list of possible evidence that will help establish a connection between a child and a man. These include:

• papers confirming blood relationship;
• physical evidence;
• testimony of witnesses (friends, neighbors, etc.);
• expert opinion.

In addition to these acts, you will need to pay a state fee and attach a receipt to the application. The documentation is reviewed by the authority within 5 days. After this, a preliminary hearing is scheduled. It considers the need to conduct an independent DNA examination or obtain other evidence.

After the first meeting, a time is set for consideration of the case. The parties have the right to resort to any legal means of protecting their interests.

At the hearing, any documents indicating contact and relationships between partners and a man with a child will be accepted. You can submit to the court correspondence certified by a notary, checks for money transfers made.

In addition, the parties have the right to use photo and video materials that testify in their favor.

In almost all cases, genetic testing cannot be done without. It is the only reliable basis for making a decision. The work of specialists is paid. The cost for the study will be about 25 thousand rubles. However, these costs are not subject to reimbursement.

• Question:
• What benefits and payments are available to dads?
• Answer:

If the mother of a minor is deprived of rights in relation to him, then the father becomes a single father. This status, in addition to labor guarantees, provides the right to social benefits similar to privileges for single mothers. For example:

• benefits for the birth of a baby (17.5 thousand rubles);
• maternity leave for up to one and a half years;
• regular benefit until the offspring turns 23 years old;
• compensation for kindergarten;
• right to tax deduction.

Conclusion

Thus, the adoption of a natural offspring, if the latter was born out of wedlock, means the establishment of paternity. The procedure can be decided by agreement with the minor’s mother or in court. The first option is free, but for the second you will have to pay a fee and provide funds for an independent DNA study.

Source: https://semyahelp.ru/semejnoe-pravo/usynovlenie-i-opekunstvo/usynovlenie-svoego-rebenka-biologicheskim-ottsom