Certificate of paternity: sample, how to obtain, state duty

The child's parents have an equal right to raise the child. The same rule applies to responsibility for his health, physical, spiritual and moral development. But if the mother and father did not enter into an official marriage, then each of the parties has the right to apply to the court with a request to establish paternity.

This procedure requires the collection of relevant documents. The legislation of the Russian Federation provides for the payment of state fees when registering acts of civil status. To know how to pay the state fee for establishing paternity, you need to find out the rules for paying it and the procedure for registration, as well as decide on the method of payment.

 

 

What is state duty

The state duty is a special fee that is levied on everyone who applies to government agencies to carry out legal actions provided for by current legislation. This fee applies to both legal entities and individuals applying for the provision of public services. Its size is set by the state.

The state duty represents funds that the applicant pays to the following state-authorized institutions acting in his interests:

1. courts: when filing claims and complaints;
2. notary offices: when drawing up agreements, powers of attorney, wills;
3. Traffic police: when preparing documents related to the purchase of a vehicle and its technical inspection;
4. financial authorities: to implement the prospectus for the issue of securities.

In accordance with Chapter 25.3 of the Tax Code of the Russian Federation, state duty is considered a tax payment for the provision of legal services provided by government agencies, including local governments. It is included in the tax system of the Russian Federation.

Funds according to the Budget Code are sent to the local budget and the budget of the constituent entities, as well as the country. An important difference from other types of payments: mandatory payment and a specific purpose.

How much does the state fee cost to establish paternity?

The fact of establishing paternity is subject to registration with a government agency, since it is an act of civil status.

It is accompanied by making a corresponding entry in the child’s birth certificate. From this moment on, the father has rights and responsibilities for his maintenance and upbringing. At the birth of a child in a complete family, the mother’s husband is considered his father.

Paternity is also recognized:

1. after 300 days after the parents’ divorce;
2. in the event of the death of a person who was a former spouse;
3. when a marriage is declared invalid.

An application for recognition of paternity comes from a specific person, and the establishment takes place voluntarily or compulsorily if the child is born in a civil marriage.

One of the child's parents or his guardian can apply to the court to recognize his father as such. The application can be submitted by the child himself, but only after he reaches the age of majority.

If the man made the decision to recognize the child as his own voluntarily and with the consent of the mother, they jointly submit an application to the registry office. In some cases, he can independently contact the appropriate authority: if the child’s mother has died or the court has declared her incompetent; if she is deprived of parental rights or declared missing.

These are the facts of living together and running a common household with the mother of the child, as well as the testimony of witnesses.

In some cases, only genetic testing can confirm relationship. A certificate of paternity is issued on the day of application.

Size

For making an entry in the civil status act, the fee for establishing paternity is 350 rubles . This cost includes issuing a certificate of completion of the paternity establishment procedure.

Legal actions performed in government agencies are subject to mandatory payment of taxes. Otherwise, the applicant's appeal will not be considered.

Professional lawyers will help you figure out how to act in a given situation and how much the fee is to establish paternity or other services.

 

Payment procedure and terms

The state fee for establishing paternity has the following payment procedure: 

1. the state fee for paternity must be paid before the procedure;
2. if the application comes from several persons, the fee is paid by them in equal shares. If one of the applicants has the right not to pay the fee, then the remaining entities must pay the amount;
3. documents confirming the recognition of a man as a father are issued only after presentation of a receipt for a monetary transaction.

The state fee to establish paternity is paid, usually at a bank, post office or at the cash desk of the authority where the application was submitted.

A prerequisite for carrying out legally significant actions is to carry them out using the Unified Portal:

1. state and municipal services;
2. regional portals of state and municipal services of constituent entities of the Russian Federation;
3. other portals integrated into the Unified Identification and Authentication System.

The results of the transaction performed on the portal must be obtained in electronic form.

Details for paying the state fee for establishing paternity

If the fee was paid at the bank by wire transfer, then the payment document must contain a special mark from the institution that accepted the payment.

Payment of the state duty in cash must be accompanied by the issuance of a receipt of the established form to the payer. Such a receipt is issued by the operator of the post office or credit institution through which the funds were deposited.

A receipt form with the required data filled in can be obtained from the registry office itself or downloaded from its website. The receipt must contain details that include information about the nature of the legal action (in this case, establishing paternity) and the amount of the tax fee.

A fact confirming the payment of funds for a legal action may be information posted on the website of the state information system. It contains information about making payments provided for by the law “On the organization of state and municipal services.”

The presence of such information is a sufficient basis for carrying out the procedure for establishing family ties between a man and a child. The applicant simply needs to provide his SNILS number, by which this information will be verified.

The receipt form can be downloaded from the website of the Unified Portal of State Services.

So, the procedure for establishing blood ties between a man and his child is an act of civil status, which means it is recognized as a legally important action and is subject to mandatory registration in the registry office.

Before carrying out this procedure, a paternity fee, which is a type of tax fee, must be paid.

The payment is addressed to the registry office or the courts if the relationship is established unilaterally.

The receipt must contain the details of the institution where the payment was sent and the amount of the state duty. Payment of the state duty can be made either in cash or by bank transfer.

If the state fee for paternity is not paid and a receipt for payment of the fee is not submitted to the relevant institution, then the applicant’s application will not be considered. All legally important actions, which include the procedure for establishing paternity, must be registered on the Unified Portal of State Services.

Certificate of paternity

A certificate of paternity can be obtained exclusively at the registry office in person. The document is printed on a special form and then certified with a stamp. To issue such a certificate, you will have to pay a state fee, the amount of which is described below. The information provided will allow you to find out where to go to obtain a document and whether the registry office can refuse to issue a document. Instructions are provided for restoring a lost or damaged certificate.

Remember that the document can be canceled. To do this, you must have concrete evidence that the man is not the father. And then the court makes a positive decision to revoke the validity of the certificate.

What does a paternity certificate look like?

What does a paternity certificate look like? This is an official form on which information about the father and child is printed, then certified by the signature of an authorized person and affixed with an official seal. Only after this is the certificate given to the applicant.

This document must contain the following information in accordance with the law:

• Father's name;
• Full name, date/place of birth, nationality of the child;
• act record of document issuance;
• Full name of the child after paternity has been established;
• Mother's name;
• series and number.

On our website you can download a sample to get an idea of ​​what the certificate will look like. The registry office will enter the required data on the same form and certify the document.

Why do you need a document?

Why is the document needed? It is received in order to indicate information in the “Father” column on the child’s certificate if the parents are not married. It is also possible to receive alimony from a man.

How and where to get

How and where to get it? You should contact the registry office. Other government agencies are not authorized to issue this certificate.

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Those wishing to receive the document should have with them:

• documents for identification of parents;
• children's documents (if any);
• a receipt confirming that payment of the state duty has been made;
• consent of the child if he is over eighteen years old;
• permission from guardianship and guardianship authorities at the request of a judge;
• a document that confirms that the father has the right to submit an application himself (if necessary);
• court decision (if any);
• identification document of the legal representative and his power of attorney.

It is important to understand that not all people can apply for a document. The document may be issued to the following citizens:

• the child’s parents, if they are not officially married;
• to the baby’s father personally (if the mother is incompetent, died, disappeared or was deprived of parental rights) with a permitting document;
• the legal representative of the minor;
• guardian;
• trustee;
• adult (by court decision).

The application must be submitted to the registry office employee personally in writing. It should be filled out on a form according to the sample issued by the Civil Registry Office. On this page you can download a sample statement from parents, father, or an application based on a court decision. These three forms have some differences that are important to be aware of.

The completed application must be taken to the registry office at the place of residence of the parents (or father) or at the place of registration of the baby. The above documents are also attached to it. Next, the civil registry office staff checks the documentation provided and then issues (or refuses to issue) the document. Issue is made on the day of application, so you won’t have to wait long.

State duty for a document establishing paternity

The state fee for a document establishing paternity standard is 350 rubles, if the parents came to mutual agreement and submitted an application to the registry office together. If this did not happen and they went to court to solve the problem, then the state duty will be 300 rubles. Moreover, each subsequent appeal to a higher court will cost 150 rubles.

Advice! You can find out the details for paying the state duty either from the civil registry office employees, or on the official resource of the government organization.

In some cases, state fees may be returned to the payer. This occurs during the trial, provided that the parents have reached an agreement before the court makes a decision. You can count on a refund if the plaintiff wants to stop the proceedings and when the potential father decides to recognize the baby voluntarily.

Read also: Public services: registration of an individual

When the registry office refuses to issue a certificate

When does the registry office refuse to issue a certificate? There is only one reason for this - the presence in the birth book of information about the father of this child.

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It is worth knowing that in cases where the information is entered from the words of the mother (that is, there are no supporting documents) who is in an unregistered marriage, then such an entry will not be an obstacle.

It is still possible to obtain a certificate of paternity.

However, if the data was entered after the procedure for determining the father, then the specified information can only be challenged in court.

How to revoke or revoke a certificate of paternity

How to revoke or cancel a certificate of paternity? The procedure is carried out exclusively in court. The plaintiff may be:

1. A man who is the documented father of the baby.
2. Mother or other persons performing the functions of a parent (guardian, trustee, legal representative).
3. An adult child, if there are compelling reasons to break off relations with his father and if there is serious evidence.

You should know! Such acts have no statute of limitations. It is enough to present compelling reasons for the judge to make a positive decision.

It is possible to cancel a document if there is no biological relationship between people. To do this, provide undeniable facts that will suit the judge. Keep in mind that the court always takes the side of the minor, therefore, if a person has undertaken obligations to raise a step-minor, and then changes his mind, it will be very difficult to get rid of the obligations.

There are several reasons for which people most often go to court to cancel a certificate. Among them are the following:

• the biological father wants to take care of the baby;
• guardians, trustees, legal representatives want to remove a citizen from the child’s life due to certain circumstances;
• the citizen recognized as the father is not such (a procedure for challenging paternity is needed).

Remember that you cannot cancel the document if a man married a pregnant woman (knowing about this fact). He will automatically be designated as the father. If a child was conceived through artificial insemination, then both parents bear full responsibility for it. If the plaintiff is a person who does not have the right to initiate cancellation, then his claim will not be considered.

The annulment procedure is carried out in court. You need to write a statement, provide relevant documentation and evidence when considering the case. Next, the court will make a decision. A simplified cancellation procedure through the registry office is allowed if all participants in the legal relationship agree.

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Free legal consultation

How to recover

How to recover? This may be necessary if the document is lost, damaged or laminated, which is prohibited. The procedure is simple.

To receive a repeated document, you will have to draw up an application with the corresponding request, attach to it the same documents as upon initial receipt (not the originals, but copies of identity documents) and take it to the registry office. A duplicate certificate will be issued on the same day.

In other words, you can apply for a certificate of paternity exclusively to the registry office. Only they are authorized to issue such a document. Remember that sometimes an employee may refuse to issue it and there is always a chance to challenge the decision to establish even biological paternity (cancel the document) in court if there is evidence.

Certificate of paternity: what is it, how to get it and state duty for the document

Recently, an increasing number of people refuse to be associated with each other by marriage and live together without officially legitimizing the relationship. This trend indicates changes in people’s consciousness, a desire to live more simply, and to look more freely at certain aspects of life. However, from a legal point of view, having a stamp in a passport often determines a person's future.

If the parents did not register their relationship, then the issue related to determining paternity is not resolved from the point of view of the law. In this regard, in order to have a document confirming the presence of a family relationship between a man and a child, the registry office prepares a certificate of paternity. Let's look at what this is in the article.

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

Certificate form

This procedure is regulated by the Family Code of the Russian Federation (hereinafter referred to as the RF IC). A certificate of paternity establishment is a form certified by the signature of an authorized employee of the civil registry office and sealed with an official seal.

This document must contain the following data: full name, date and place of birth of the parents and child, full name of the latter before and after establishing paternity, details of the document itself.

The certificate is a document of strict accountability, therefore its falsification is strictly punishable by law. You can see a sample certificate of paternity on our website.

How to obtain a paternity certificate

Social progress leads to changing ideas about the family and new forms of relationships appearing. But, despite large-scale changes in this area, the father’s right to be sure of his paternity has not been lost.

The current family legislation of the Russian Federation has determined the following grounds for issuing a certificate of paternity:

• if there is a joint application of persons who were not married at the time of the birth of the child;
• upon independent application of the father (if the mother was deprived of parental rights, declared incompetent, died or her whereabouts are unknown, and the persons were not in a registered marriage);
• on the basis of a court decision to establish the fact of recognition of paternity or to establish paternity.

Thus, the father, together with the mother or separately from her, submits a corresponding application to the registry office or goes to court to establish paternity in court.

Important! The state fee for a certificate of paternity is paid directly at the civil registry office, through Sberbank and other banks that provide services for paying state fees, through the State Services portal. Its size depends on how the certificate will be obtained: if the parents mutually apply for it, then 350 rubles, if they fail to reach agreement and go to court - 300 rubles.

The list of required documents is approximately as follows:

• Russian passports of the child’s parents. If any of them is a foreign citizen, then a notarized translation of the document (possibly apostilled);
• child's birth certificate;
• receipt of payment of state duty;
• consent of an adult citizen to establish paternity;
• consent of the guardianship and trusteeship authorities in cases provided for by law;
• documents confirming the father’s right to unilaterally submit an application;
• court decision (if there was a judicial appeal);
• for a representative: passport, power of attorney.

Refusal to obtain a certificate

A request for a certificate is not always granted. Let's consider cases when a person receives a refusal:

Restoring the certificate

If the certificate is lost or damaged, the person can apply for restoration and issuance of a duplicate. It is necessary to pay the state fee again in the established amount and provide the same documents.

The emergence of mutual rights and obligations of children and parents is possible when children descend from identified specific persons and register this fact, therefore the presence of a document provides a guarantee of their observance.

Revocation of paternity

Only in court can you declare the invalidity of a document. Eligible to submit an application:

• persons recorded as mother or father;
• child's guardian;
• actual (biological) parents;
• a child who has reached the age of majority, and he is required to give consent;
• guardian of the parent (in case of his incapacity).

The court may refuse to satisfy such a claim due to the following:

• if the person gave consent to artificial insemination procedures;
• if at the time of issuing the birth certificate the man knew that he was not the biological father;
• a person who has voluntarily given consent to surrogacy in advance.

Judicial practice on this issue shows that men often enter the “father” column under someone else’s pressure ; fortunately, such an offense can be considered illegal. If the parties do not have any disagreements, then the court considers the claim according to the rules of summary proceedings.

About alimony

Why else do you need a certificate of paternity? On its basis, you can apply for alimony. Parents are required to support their children until they reach adulthood.

Once the father has been identified, the collection of child support can be initiated. But it is impossible to obtain them for the previous period.

Financial support of minors by their parents is an important component of life. And receiving money due to the child, which can be used for study, treatment, recreation, etc., is a good help, especially for mothers who are raising themselves.

Conclusion

Situations of raising someone else's child for a father can provoke unfavorable legal consequences, which are often much more difficult to understand than it seems at first glance.

Obtaining a certificate of paternity is an important step in the life of parents and the child himself. Indeed, in the future, situations may arise where the presence of an established legal fact will play a decisive role (for example, in matters of inheritance, citizenship, etc.).

State duty for establishing paternity - amount and payment methods

• If unmarried people have a child, it is important to legally secure its origin.
• Depending on the relationship between the parents, this can be done either through the registry office or in court.
• We will tell you what the state fee is for establishing paternity.

Duty amount

It depends on the authority in which paternity is confirmed. If information about the child is entered by the registry office by mutual consent of the mother and father of the child, then you will have to pay 350 rubles. This amount also includes the subsequent issuance of a paternity certificate. The fee is paid by any parent applying to the registry office.

When paternity needs to be established in court (and this happens in a dispute regarding relationship with a child), then the state fee for the plaintiff will be 300 rubles.

The claim may also contain other claims.

The state duty for them is paid separately.

When the court makes a decision in favor of the plaintiff, legal costs will be collected from the opposite party. The main thing is not to forget to state the corresponding request in the statement of claim.

Please note that based on the outcome of the consideration of the case, the court has the right to recover from the other party not only the state duty, but also other costs (for example, the cost of conducting a genetic examination).

It is also worth considering that some categories of citizens are exempt from paying state duty. A complete list of such persons can be found in Article 333.35 of the Tax Code of the Russian Federation.

 

The first court decision may not suit one of the parties. Then an appeal and cassation will probably follow. Each appeal to a higher authority will cost the applicant 150 rubles.

After the court has finally declared a person to be the father, this decision should still be legalized in the registry office and a certificate of paternity should be obtained. This will cost the 350 rubles already mentioned above.

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Payment order

Before making a payment, you must verify all bank details. Each district court or registry office has its own.

An error in the data may result in documents being left unmoved.

This can be done at the post office, at any nearest bank branch or online.

The place where the payment is made is not legally significant. In addition, if we are talking about the registry office, then the fee can be paid through the cash desk of the institution.

It is important to ensure that the purpose of payment is correctly indicated on the receipt. That is, it must be clearly stated that the fee is paid for establishing paternity.

If money is deposited in non-cash form, you will need to have a copy of the payment order certified by your bank.

The original receipt or payment order is always provided to the registry office or the court. It is recommended that you make a copy of this document for yourself.

Payment form

Usually the state duty is paid in cash. You also need to be prepared for the fact that you will have to pay a bank commission.

We repeat, the original bank receipt must be attached to the claim or application for registration of paternity. If we are talking about a court case, then without a state fee, the claim materials will be left without movement for a certain period. If payment is not made during this period, then all documents are returned.

Is it possible to refund the fee for establishing paternity?

Let’s assume a situation in which a person changes his mind about going to court or a man voluntarily agrees to declare himself the father of a child.

In such a situation, the money spent can be returned.

To do this, you should take a certificate of the established form from the district court.

After which you should submit an application to the tax office in the territory where the justice authority is located. It is accompanied by a certificate from the court, as well as the original receipt for the state duty. The payment must be returned within a month.

The fee is not refundable in cash. Therefore, the application to the tax office must include bank details.

A refund of the state fee is also possible in the case where the child’s parents have already decided to resolve the conflict at the stage of the legal dispute. In this case, a court ruling will be required indicating the termination of the proceedings.

Certificate of paternity

A certificate of paternity is a document of a unified form confirming the relationship between the father and his child. In what case is it issued? What is the procedure for obtaining it? These and some other issues are discussed in this article.

Sample paternity certificate

The certificate has a strictly established form and details. It is printed on an individual form with its own unique number and series. Here's the information:

1. About a child whose origin has been established.
2. About his nationality (optional).
3. Citizenship.
4. Date of birth.
5. About the father of the child, whose relationship is certified by the corresponding record.
6. About the child's mother, according to the birth record or medical records.
7. About the child’s personal data, if the application indicates a requirement to change it.
8. About the place of registration, date of issue.
9. Seal and signature of the head of the government agency.

How to obtain a paternity certificate

In order to receive this document, the child’s father must have legal grounds:

• Unregistered marriage with the mother of a common child.
• Non-consent of the mother or guardianship authorities on the issue of the origin of the child, in connection with which this circumstance was established by the court.
• Death of the child's mother, deprivation of her rights as a parent, judicial recognition as incompetent or missing.

According to paragraph 3 of Art. 48 of the RF IC, the father applies to the registry office:

• Together with the child's mother.
• On one's own.

In the first case, the following documents are submitted:

1. Application for recognition of paternity.
2. Parents' passports.
3. Birth certificate (in case of establishing paternity after making a birth record).
4. Certificate from the clinic (when parents submit an application before the birth of the baby).
5. A document confirming marriage registration (if at the time of birth, the child’s parents were in a civil marriage, but at the time of filing the application they already have a registered marital relationship).
6. Receipt of payment of the duty.

In accordance with clause 4. Art. 50 Federal Law No. 143, the father confirms his relationship with the child, and the mother agrees with this fact. Based on the application and the attached package of documents, the registry office makes an entry in the register book recognizing the applicant as the father of the child. Only after this, within the agreed time frame and at the request of the parties, a certificate is issued.

In the second case , the child’s father submits to the registry office:

1. Statement.
2. Father's passport or other document that can be presented as identification.
3. Birth certificate (if available).
4. Consent of the guardianship authority or court decision.
5. Consent of the child (when the application is submitted in relation to an adult).
6. A judicial act depriving a mother of her rights to a child, declaring her incompetent or missing.
7. Document confirming the death of the mother.
8. Receipt of fulfillment of duty payment obligation.

In both the first and second cases, the applicant determines the place of application, this is the territorial registry office at the place of residence of the parents or the issuance of a judicial act. The question is also being resolved: what surname and patronymic the child will have after establishing family ties with the father. And only after carrying out the necessary registration procedures, a certificate of paternity is issued.

There are situations when a government agency refuses to provide a service to an applicant; this happens when:

• Paternity was previously established for the child, but under a different name. In this context, there is no other option than judicial resolution of the situation. Available data about another father will not be an obstacle to establishing paternity through the registry office if it is recorded from the words of the mother.
• The applicant did not provide the entire set of required documents.

In addition, you can contact the government agency with an application without leaving your home, via the Internet.

State duty for issuing a certificate of paternity

According to paragraphs. 3 p. 1 art. 333.36 of the Tax Code of the Russian Federation, a fee equal to 350 rubles is charged for registering paternity at the registry office.

The interested party receives payment details at the place of application or on the official website of the government agency. It is advisable to do this in advance and, together with a complete package of documents, submit it to competent persons for execution.

In fact, the certificate as such is not the only evidence of the relationship between father and child. Since the primary source of approved information is the act record in a specialized book. Therefore, even if it is lost, the father has the right to receive a duplicate based on a previously made entry.

Thus, in order to obtain a certificate of paternity, the applicant determines the basis for such an application and submits an application to the registry office confirming his relationship with the child. In addition, you will need to pay a fee and provide additional documents. After completing registration activities, the applicant receives the required document.

State duty for establishing paternity through the registry office and the court

The procedure for establishing family ties between father and child can be carried out administratively (voluntary) or judicially. Regardless of the method, the citizen must pay a fee. The amount of payment depends on the authority to which the applicant applies. Let's look at how to pay the state fee for establishing paternity through the registry office and the court.

State duty for establishing paternity through court

The procedure for establishing a relationship between a child and a man can be formalized in court.

Reasons for going to court:

The amount of the payment does not depend on the reasons for going to court to establish paternity. The Tax Code (Article 333.19 of the Tax Code of the Russian Federation) provides for a duty of 300 rubles. If the parties file an appeal, then an additional 150 rubles must be paid for each application.

Art. 333.36 of the Tax Code of the Russian Federation exempts the applicant from paying state fees if the application is submitted in the interests of a minor child. However, the amount of expenses is recovered from the defendant.

If the claim is filed by an adult child or the guardian of an incapacitated adult, then the funds are contributed by the applicant.

Important! If an application is filed in a lawsuit, the fee, as well as other expenses, can be recovered from the defendant upon satisfaction of the applicant’s demands.

State duty for recognition of paternity in the registry office

Contacting the registry office when establishing a family relationship is required if:

• mother and father submit a joint application;
• the father submits applications independently (with permission from the guardianship department);
• The court made a decision to establish paternity.

An application to the Civil Registry Office, as well as payment of the appropriate state fee, is required when establishing paternity. The payment amount is 350 rubles. It includes the issuance of a new birth document and a certificate of relationship.

Payment details

An important point is to obtain the correct payment details. It is advisable to obtain data directly from the authorized body immediately before transferring funds.

An alternative option is to obtain information on the websites of authorized organizations. However, as practice shows, it is better to clarify the information.

Payment Methods

A prerequisite is the transfer of funds in a manner that allows you to obtain evidence of payment. Moreover, an official receipt is required.

Payment Methods

Through a bank Funds can be deposited in cash or by bank transfer. A commission is charged for transferring funds, which depends on the specific credit institution. The bank issues a receipt. 2 Via an ATM or terminal Money can be deposited in the form of cash or by bank transfer. The commission can be withheld both by the organization that owns the ATM and by the bank that issued the card.

Refund of state duty

Refunds are only available for fees that have been paid to the court. Funds transferred to the Civil Registry Office are non-refundable.

Situations when you can return the state duty to the court:

• if the plaintiff did not file an application to court;
• if the parties settled the issue voluntarily;
• if paternity was established in the registry office before the court decision was made.

To receive a refund, you must contact the tax authority at the location of the court. The funds are returned in the form of a non-cash payment to the payer’s account. The application review period is 90 days.

The procedure for establishing a relationship between a child and a man requires certain expenses. One of the cost options is paying state duty. The amount is fixed.

In case of problems with payment, refusal of refund or requirement of additional payments, it is necessary to obtain legal advice.

If you leave a request on the website right now, a specialist will provide information free of charge.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Read also: Without a birth certificate: how to give birth in a maternity hospital without one

How can I obtain a certificate of paternity - YurOpora

A certificate is a document of legal force, which is issued by an employee of the registry office.

The certificate refers to documents of strict accountability on a state approved form with the presence of an official seal and registration number. All this creates a high degree of protection for him.

Therefore, to obtain such a document, it is necessary to go through the entire procedure of submitting an application and the necessary documents, which are carefully checked by an employee of the registration authority. The same rule applies to the paternity certificate.

If a child is born into a full-fledged family when his parents are married, then the data is entered automatically in the “Father” column, according to who is the official spouse of the child’s mother.

But if a child was born out of wedlock, then the father can be registered only from the words of the mother or upon mutual application to the registry office of the parents. And as a result, very often in the “father” column of illegitimate children there is a dash or the full name of the father, who is not biological to him.

Therefore, sooner or later a situation may arise that the biological father wants to officially recognize himself as the parent of this child.

Grounds for registering paternity

The legislation establishes the following grounds for official registration of recognition of paternity:

• a statement from both parents whose relationship is not officially registered, which indicates their mutual consent;
• treatment only on the initiative of the father, who was not in a marital relationship with the child’s mother at the time of his birth. To submit an application unilaterally, certain conditions established in Article 49 of the Family Code must be met;
• if one of the parties is against it, then paternity can only be established by a court decision. Based on the issued order, you can contact the registry office and obtain a certificate.

• Depending on the specific circumstances and reasons why paternity was not established on time, when registering the birth of a child, one of the above-described cases is selected.
• The desire to establish paternity officially can have different purposes, but you must understand that the father’s desire alone will not be enough.
• In addition to the child's mother, you may need the approval of the guardianship authorities and the child himself, if he has reached the age of majority.

How can it be used

The mother and father are endowed with the same rights in relation to their joint child (Article 61 of the RF IC). However, if the father does not live with the child and the parental relationship has not been registered, then his rights may be limited.

To carry out a number of actions, official confirmation of paternity is necessary. It can be a child’s birth certificate with the father’s registered details or a document establishing paternity.

If you have legal registration of paternity, you can do the following:

• the mother can file for alimony, as well as apply for various types of government assistance and benefits;
• establish the legal fact of consanguinity;
• acquisition of parental rights by the father;
• implement property and inheritance transactions.

1. Regarding the last point, the child’s mother or the child himself does not always claim the right of inheritance.
2. It is not uncommon to encounter situations where the father also has the right to demand a share of the child’s property, since he belongs to relatives of the first category.
3. In addition, if the father, after establishing the fact of kinship, financially supports the child, then if he loses his ability to work, he can also demand that he pay alimony.

Paternity Establishment Sample

To obtain a document confirming paternity, you must write a corresponding application, which can be submitted either by one parent or jointly, it all depends on the specific circumstances. A sample of establishing paternity can be found below.

Joint statement

As we have already said, one of the ways to obtain a certificate is to submit a joint application, which guarantees the mutual consent of the parents to the fact of recognition of paternity.

It is necessary to contact the registry office if the relationship between the parents is not registered, that is, they are not married. To do this, they need to write an application addressed to the head of the registration authority, indicating the details of the parents and the child.

The application is filled out in Form 12. The form will be given to you by an employee of the executive body.

You can also read and download form No. 12 for drawing up a joint application for establishing paternity by following the link.

If one of the parents is absent at the time of filing the application, then his consent can be supported by a notarized power of attorney. But if the father or mother is against establishing paternity, then the issue can only be resolved through the court.

Father's statement

The father, at his own request, can also submit a single application in order to obtain a certificate of paternity, however, either with the consent of the mother, we wrote about this above, or subject to the following conditions (Article 49 of the RF IC):

• if the mother died;
• if the mother’s rights to the child were taken away;
• if her whereabouts are unknown;
• is in prison;
• declared incompetent.

In addition to complying with any of the listed conditions, the father will also need permission from the guardianship authorities; in the absence of the appropriate paper or refusal of the guardianship institution, the issue of establishing paternity will be resolved in court.

It is also necessary to prove the fact of the mother’s absence, that is, in order to submit an application only on your own behalf, you must present a document to the registry office that the mother’s opinion is not taken into account, for example, a death certificate, a certificate from the police about her unknown whereabouts, or a medical report recognizing her incompetent (Article 51 of the RF IC).

Where is it held?

• According to the legislation of the Russian Federation, a document that confirms the fact of paternity is issued by the registration authority - the civil registry office (Federal Law No. 143).
• As we have already said, you can obtain a document establishing paternity by mutual consent of the parents or at the request of one father, if there is no mother or she has been deprived of parental rights.
• In all other controversial issues, you must first obtain a court decision on the fact of recognition of paternity, and only then, with a court extract, go to the registry office, where a certificate will be issued.

According to the general rules, if the registration information about the father is included in the register of vital records, then you will be able to receive the document on the same day, after submitting the application and paying the state fee. Its cost is 350 rubles.

You must contact the registration authority at the place of registration of one of the parents or the place of registration of the child (Article 49 of the RF IC).

But if a birth certificate has already been registered for a child, then it is better to contact the authority that issued the original document.

Documents for obtaining a certificate

In addition to the application and payment of the state fee, you must submit a certain list of documents. The list of them depends on who the applicant is. If this application is from one person - the father, then he will need to collect the following documents:

• a copy of all pages of your passport;
• a copy of the child’s birth document;
• a certificate or document confirming the absence of the mother;
• consent of the guardianship authorities;
• court order recognizing paternity (if the guardianship authorities have not given their consent);
• consent of the child himself, provided that the establishment of relationship occurs after his majority.

If the father is a foreign citizen, then he must have his personal documents translated and notarized.

If this is a joint application of the parents, then you will only need to provide passports, and also, depending on the period of application to the registry office, another document: an extract from the maternity hospital (if family ties are established at the time of registration of the child) or a child’s birth certificate issued earlier (if there was a dash in the “Father” column or another man was written down according to the mother’s words).

Who can get a certificate

Anyone who wishes to do so will not be able to obtain a certificate confirming paternity. This can be done by a certain circle of people who are directly related to the child’s life.

• one of the parents;
• the child himself turns 18 years old;
• adoptive parent or guardian;
• child protection;
• institution in which a minor dependent is being raised.

In some cases, it is not always necessary to have the original certificate of paternity established, but it is often enough to provide a supporting certificate, which is issued on the basis of the certificate data and certified by the registration authority. This certificate is issued in form No. 31 on a special form and is an extract from the archive. The form for such a certificate can be found in Government Decree No. 1274.

Can extradition be refused?

Most often, the refusal to issue a certificate is based on missing documents or as a result of non-compliance with the conditions for applying to the registry office. Much less often (if the application is submitted by the father), the reason for refusal is the presence of a record about the father, but there are exceptions here too.

Provided that the document at the birth of the child was issued to the mother in the registry office, at a time when she was not married to this man and the procedure for establishing paternity through the court was not carried out, then the barrier immediately disappears (Article 53 of the RF IC).

But if data about the father was entered after paternity was established, then this fact must also be challenged by contacting the judicial authorities.

Restore certificate

If the father was previously officially registered as the child’s parent, then there are no problems with obtaining a duplicate certificate of paternity. The document is restored for the following reasons:

• it fell into disrepair;
• lost;
• stolen;
• it was destroyed.

In order to obtain a new original certificate, you only need a passport, an application for a duplicate and pay for government services in the amount of 350 rubles. You can receive a new document on the same day. It is necessary to contact the registration authority where the first copy was issued, since this is where the record of the certificate data is contained.

Cancel certificate

The fact of state registration regarding the recognition of paternity can be canceled only through the court in an administrative manner. This possibility is enshrined in the Family Code.

Most often, the subject of going to court is to challenge the fact of paternity, if his name was written down on the child’s birth certificate by the mother or the entry was made automatically, provided that the man and woman were married. It is impossible to challenge paternity if:

• you were aware that the child was not conceived from you, but at the same time you agreed to enter your data into the registration document on the birth of the child;
• if the child was conceived as a result of IVF;
• if the mother entered information about the father without his knowledge.

It is possible to renounce paternity through the court only if the man was forced to give his consent under threats or he did not realize that he was not the father of the child.

Thus, obtaining a document establishing paternity is not difficult and can be done on the very day of application. To do this, you need to visit the registry office at the place of registration of your child or your child. In order not to be refused a certificate, it is necessary to adhere to certain conditions, which are set out in Articles 49-53 of the Family Code.