Acknowledgment of paternity: outside of marriage, through court, voluntarily

Source: https://101jurist.com/semejnyj-kodeks/kak-priznat-ottsovstvo-vne-braka-v-dobrovolnom-poryadke.html

Recognition of paternity outside of marriage: how to prove and establish paternity

Modern legislation does not prohibit people from having a relationship before marriage. Accordingly, they can live together for as long as they see fit, without applying for official registration of the relationship.

If a child is born in an official marriage, then the woman’s husband becomes the official father, but in a civil marriage, there is no such rule.

Recognition of paternity outside of marriage occurs voluntarily or in court on the basis of a claim by a person who wants to establish a relationship with the child.

Is it possible to recognize paternity outside of marriage?

Not many people know how to register paternity for a child out of wedlock; most do not even know whether this can be done at all. Accordingly, having given birth to a baby in a civil marriage, you should not be surprised that there is a dash in the “father” column on his birth certificate.

It is possible and even necessary to establish paternity if the marriage is not registered; there are two ways to prove the relationship with the baby and issue a new birth certificate: voluntarily and in court.

Read also: Is it possible to discharge a child from an apartment: without the consent of the mother, to nowhere, if he is not the owner

Recognition of paternity voluntarily outside of marriage is carried out at the registry office; a man who wants to become the official father of a child can write an application or in cases where:

• mother died;
• declared incompetent;
• it is impossible to establish the whereabouts of the mother;
• the mother has been deprived of parental rights or is in prison.

Established paternity without registering a marriage in this situation will allow the child to live with his relatives, rather than send him to a boarding school or orphanage. A child born out of wedlock can obtain paternity upon a joint application of both mother and father. They just need to contact the registry office and register the baby under a new patronymic and surname.

The second option for voluntarily recognizing paternity outside of marriage is to go to court. This situation is typical for cases when the common-law husband is sure that he is the biological father and wants to be included in the birth certificate, but the baby’s mother is against it.

Of course, the mother can also file a lawsuit in order to prove paternity outside of marriage if the father is against it.

To determine the fact of relationship, you need to write a statement describing the circumstances under which the child was born, testimony of witnesses, and even a request for a DNA examination.

If the court can confirm that an illegitimate child is biologically related to the man, then an appropriate decision will be issued. Based on this decision, the plaintiff can contact the registry office and issue a new birth certificate.

A lawsuit can be filed at any time after the birth of the child. Such a procedure does not have a statute of limitations. Even a child who reaches adulthood can establish paternity.

Many women are interested in how to prove paternity outside of marriage if the father has died. If a man recognized his paternity during his lifetime, but never managed to formalize the legal acknowledgment of paternity, then this can be done even after his death. This is guaranteed by Article 50 of the RF IC. The procedure in this case is also adjusted by the IC.

The woman must provide the court with undeniable evidence that the deceased lived with her during the period of conception, bring witnesses, and also provide other reliable evidence of biological relationship.

If it is possible to establish a relationship, then in addition to a new birth certificate, the mother may seek to obtain an inheritance for her child.

Required package of documents

In order for paternity registration to take place, you need to submit a list of certain documents to the registry office or to the court.

If it is proven that a person was born out of wedlock, it is enough to submit identification documents, an old birth certificate and an application to the registry office.

If the marriage was not registered and the birth of a child from a common-law husband must be proven in court, then you must present:

• statement;
• passports of both parties;
• birth certificate;
• consent of the Board of Trustees;
• a certificate from law enforcement agencies (if there is no information about the mother’s location);
• a court decision on incapacity, imprisonment or deprivation of parental rights (if such a situation occurs);
• receipt of payment of state duty.

If the petition is filed by an adult child, then documents are needed that confirm his identity; in the case of a guardian or trustee, then proof of his identity and a court decision granting him the right of guardianship over the child or the parent of the child who is incapacitated.

Having collected all the above papers, they are submitted to the court and within 5 days, you must receive an answer about the appointment of a trial.

Issuance of a certificate

After you have voluntarily applied to the registry office to establish paternity, they issue a certificate. This document confirms your right to have custody of the baby. Take an active part in choosing educational institutions for him, and also see him without hindrance. With the help of this paper, you will be able to confirm your relationship with the baby in any government agency.

To issue a certificate of paternity, you need an application signed by both the father and mother of the baby, but if the certificate was issued on the basis of a court decision, then the application can be submitted by the man’s legal representative by proxy. Signature of the matter in this case is not required.

The procedure can also be carried out remotely - by mail or through the government services website.

A claim for the issuance of a certificate can be drawn up in a simple form or you can use a ready-made sample that we have on our website. Your request will be considered as soon as possible.

It is important to remind you that for the issuance of a certificate, you are required to pay a state fee; without a receipt for its payment, the application will not be considered.

If you lose the form, which indicates paternity, you, again, need to contact the registry office with a written statement. It will be reviewed for 30 days, after which you will be given a duplicate.

A claim for obtaining a certificate must be submitted to the civil registry office at the place of registration of the child’s birth certificate or to the civil registry office that the court specifies in its decision.

Based on the paternity certificate, you need to rewrite the child’s birth certificate; you can change not only his patronymic and last name, but, if desired, his first name.

The situation is interesting when a claim is filed with the registry office by people who are not married while carrying a common child. In such a situation, establishing paternity and issuing a birth certificate for the baby will be carried out simultaneously, and you will not have to re-file the claim. The biological father will immediately be included in the birth certificate of the new citizen.

What to do if the mother or father does not recognize paternity?

The reasons for men’s reluctance to acknowledge paternity are clear—the lack of opportunity or desire to pay alimony and participate in the life of their offspring. Women, in turn, can hinder the establishment of paternity, for the reason that when traveling abroad they will have to ask for permission from the other party and consult with the former common-law spouse in any matters relating to the child.

Answering the question of how to recognize paternity outside of marriage without the father’s consent, we can say “only in court.”

According to the law, both parents have equal rights, and even if the woman is against it, the man can establish his paternity and enter his last name on the birth certificate.

If the man is against it, the woman also has the right to go to court without his consent and ultimately collect alimony from him.

One of the parents, the child himself or his guardian can file a lawsuit. The application must necessarily provide evidence of the fact of biological relationship, this could be:

• witness statements;
• coincidence of surname and patronymic;
• correspondence, postal notifications about the receipt of parcels;
• money transfer receipts;
• bank statements;
• excerpts from biography, family photos;
• certificate of family composition;
• documents from medical institutions.

The plaintiff can also seek a DNA examination, which is also considered one of the irrefutable evidence, as well as a forensic medical and forensic gynecological examination (if the woman does not recognize her motherhood). If the participants in the trial refuse to undergo examinations, the court will make a decision based on the previously provided facts of relationship.

If a foreign citizen can be recognized as the father, then a claim to establish paternity should be filed in court at the place of registration; this right is guaranteed by Article 402 of the Code of Civil Procedure of the Russian Federation. The case will be heard in court and the potential father will be notified by our Consulate in his country of residence.

According to the established legislation of the Russian Federation, all children born in an official marriage will be considered children of the husband, even if they are not biologically related to him. The biological father of the child can challenge the fact of paternity in this situation.

If the official father wants to challenge paternity, he may be denied if he knew in advance that the child was not his, but still wrote his name on the certificate.

If the official father knows that he is not biological and does not want to enter his name on the certificate, and the biological father does not want to acknowledge paternity, then a dash or “according to the mother’s words” may be entered in the “father” column in the certificate. Further, in court, the woman can prove the relationship of the child with the biological father on the basis of medical examinations.

A paradox is the situation in which the official husband knows that his wife did not give birth to a child from him, but wants to register the child as his own. In this case, the child’s mother and biological father may be against it.

The court will still register the child, according to the law, with the official husband. The biological father may file a lawsuit to appeal such a decision to a higher court to confirm his paternity.

To summarize, we can say that even if one of the spouses is against it, his paternity can be proven in court if there are irrefutable facts.

If the defendant is unable to challenge the evidence presented by the plaintiff, then he will be forcibly included in the child’s birth certificate and obligated to pay child support until the citizen reaches the age of majority.

Also, a child whose paternity has been proven in court has the right to inherit the property of his biological father.

Good advice for women and men of childbearing age would be to register their marriage in a timely manner. If you have already decided to take such a serious step as having a child, then registering a marriage is not just a stamp in your passport, but your direct responsibility to your offspring.

Source: https://juristpravo.ru/roditelskie-prava-i-ottsovstvo/priznanie-ottsovstva-vne-braka.html

How to prove paternity outside of marriage

Today, many couples are in no hurry to enter into marriage; they even give birth to children out of wedlock. My friend is one of those modern moms. She and her common-law husband ran away, but he is in no hurry to help the child. So my friend decided to prove his paternity and get alimony through the court. I will tell you how to establish paternity if the birth occurred without official registration.

Read also: Suspend alimony: is it possible, temporarily?

Nuances of recognizing paternity without marriage

The number of children born into single-parent families where parents are unregistered is growing every year. Most of these couples live well without formalizing the relationship. But sometimes it happens that a couple breaks up, the father stops supporting the baby, which forces the mother to apply to establish paternity.

The law strictly regulates the entry of the father's data into the child's certificate.

1. When registering with the registry office - if the parents are legally separated or divorced no more than 300 days before the birth.
2. Immediately after registering the birth, the father submits an application and it is included in the child’s certificate.
3. At any time - if the court has decided to recognize paternity.

When the father is included in the certificate, he receives full parental rights. At the same time, he becomes obliged to pay alimony, provide for the child, provide him with education and accommodation in the family, and take care of him. Such significant responsibility sometimes becomes an obstacle to voluntary recognition of paternity. But according to the law, a person can be recognized as a father without the consent of the biological parent.

Voluntary establishment

The most accessible way to prove paternity outside of marriage is voluntary recognition by mutual consent of both parents. An application is submitted to the registry office, you also need to collect documents and pay the state fee.

Each application is considered individually, so the documentation may vary. If necessary, the mother must provide a notarized consent that she is not against establishing a relationship.

Judicial ruling

If a man resists and refuses kinship, then action must be taken through the judicial authorities. But not everyone can file such a claim. Applicants eligible to file a claim:

• mother;
• the child himself is over 18 years old;
• guardians;
• a person raising a minor;
• the father himself, with the mother's disagreement.

You will need to competently prepare for the procedure for judicial recognition of parenthood. Collect documentation and draw up a statement of claim, pay the state duty, appear at all meetings, and then receive the judge’s decision and register paternity in the registry office.

Documentation

The applicant should prepare more evidence that the child was actually born from the respondent. To do this you will need to collect a package of papers:

• plaintiff's identity card;
• baby's birth certificate;
• child’s passport, if required by age;
• a certificate from the house register confirming that the child lives with the applicant;
• receipt of state duty.

You will also need to provide evidence of paternity, which includes:

• ABO examination to confirm the match of the blood type of the child and the father;
• joint photos where the father is captured with the child;
• videos of family activities together;
• DNA research – proves blood relationship by 99%;
• a pregnancy and childbirth management card, in which the man was listed as the father, underwent studies during planning and gestation, and was present during joint childbirth;
• bank statements – if the father sent the child maintenance funds;
• receipts or checks for payment for purchases - if a man bought shoes, food, clothes, etc. for a child.

The presence of witnesses will only be a plus, but they must be present in court in person.

File a claim

It is recommended to draw up a statement of claim with a lawyer. It must indicate:

1. Petition to attract witnesses.
2. That you require a DNA test.
3. Phone and email applicant's email.

If the applicant demands to prove and recognize paternity, then the lawsuit should be sent to the court at the father’s registration. If, in addition to paternity, it is necessary to recover compensation for the maintenance of the child, then the claim should be sent to the court according to the registration and permanent residence of the child.

Pay the fee

Some citizens acting in the interests of a minor child may not pay the duty fee. The obligation to pay rests only with the adult or his guardian if the child is over 18 years of age and is incapacitated.

The state duty fee is 250 rubles. You can transfer funds in a way that allows confirmation of payment, i.e. through an ATM or bank teller.

Meeting

The court secretary will contact the claimant 5 days after the application to the judicial authority to inform about the appointment of a date for the hearing. Both parties are called to the meeting to clarify the applicant’s intentions and his claims.

During the meeting, the date of the next meeting is set. This is usually carried out over the next 2 weeks. You can come to the meeting in person, together with a representative, or send an application so that the case is considered without the personal participation of the applicant.

Genetic testing is considered one of the most powerful pieces of evidence used to confirm the relationship between the defendant and the child. But its results are not the main or only evidence; other evidence is also considered.

Registration at the Civil Registry Office

After a decision has been made on the claim, you must contact the registry office at the child’s registration address or the multifunctional center. The plaintiff submits an application, attaches a court decision, on the basis of which changes are made to the child’s certificate.

As a result, the plaintiff receives a new certificate with updated data. And the main document proving the legality of making an entry is a court decision to determine paternity.

If the father or mother does not recognize paternity

The fact that fathers are stubborn and do not recognize paternity is understandable, because not everyone is so noble that they are ready to pay alimony. Women may oppose paternity determination for their own reasons. For example, in order not to ask the father’s permission in the future for the child to travel abroad, and also to consult with him on other issues regarding the child.

Without the father's consent, paternity can only be recognized through court. Both parents have equal rights. Even when the mother is against it, a man can establish his paternity and give the child his last name. Also, a woman can go to court if a man disagrees, establish paternity, and then collect alimony.

If paternity needs to be established in relation to a foreign citizen, then the claim is filed at the place of registration of the plaintiff. The case will be reviewed and the results will be sent through our consulate in the country of residence of the potential father.

Conclusion

To summarize, we note that paternity can always be proven through the courts, even if one of the parents is against this process.

1. If the defendant is unable to challenge the evidence provided by the plaintiff, he will be forcibly registered as the father and will be required to make child support payments until the child reaches adulthood.
2. If the official husband knows that the child is not his, but wants to register him in his name, and the mother and biological parent are against it, then the court will still register the child in the official spouse’s name. In this case, the biological parent can confirm paternity in court using DNA testing.

In order to avoid legal disputes regarding paternity issues, it is recommended to register the relationship before the birth of the baby.

Once a decision has been made to have a child together, then the official registration of the relationship is not a banal passport stamp, but a duty to the child. The baby will always be better off in an officially complete family.

This way you will protect him from disputes between you and your common-law spouse in the future. If there is a need for litigation, it is better to consult with experienced lawyers.

Source: https://grazhdaninu.com/semya/ottsovstvo/kak-ustanovit.html

How to prove paternity outside of marriage if the father is against it - recognition of paternity through the court

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Financial support for the child is assigned to the mother and father equally. If the man’s data is not included in the children’s documents, then it is impossible to recover funds through the court.

In the interests of the child, it is necessary to first prove the relationship. If a man prevents a joint submission of an application to the registry office, then it is necessary to go to court.

Let's look at how to prove paternity outside of marriage through court.

Is it possible to establish paternity if the father is against it?

The relationship with the mother is confirmed by documents from a medical organization. The certificate indicates that the child was descended from a specific woman. Although the document contains only the mother’s data and general information about the child (date and time of birth, weight), the birth is registered on its basis.

With the father the situation is more complicated. The law strictly regulates the procedure for including paternal data in the child’s documents.

Main options:

1. When registering a birth. If the mother and father are in a registered marriage or the divorce is filed no more than 300 days before the birth.
2. Immediately after birth registration. According to the personal application of the father (with the permission of the guardianship department) and according to the general application of the mother and father. The procedure is carried out in the registry office.
3. Any time after birth registration. In addition to those specified in paragraph 2, registration is possible by court decision. If one of the parents does not agree to submit a joint application or the father has died.

From the moment the man’s data is entered into the children’s documents, he is granted all the rights of a biological parent. After which, he is obliged to pay alimony, take care of the child, and ensure his right to education and residence in the family.

It is the large amount of responsibility and parental responsibilities that are often the reasons why men do not want to voluntarily acknowledge paternity. However, the law provides for the possibility of resolving the issue even without the consent of the father.

The father's refusal to submit an application to the registry office is not the only reason why he will have to go to court. If the child’s documents already contain information about the father, then the issue can only be resolved in court. The exception is when data is included from the mother's words. In this case, the registry office issues a certificate F25.

Algorithm of actions to establish paternity in court

If a man evades registering paternity of a child through the registry office, then the procedure can be initiated by an interested person. The list of citizens who have the right to apply to the court is limited.

Read also: Alimony from a contract serviceman, from a pension

Applicants when establishing paternity:

• mother;
• child (aged 18 years and older);
• guardian of a minor or incapacitated child;
• a person actually raising a minor child;
• father (if the mother does not agree to contact the registry office).

To achieve proper results, you must take time to prepare thoroughly. In addition, the applicant must comply with the following steps:

1. Data collection.
2. Preparing an application.
3. Payment of duty.
4. Sending documents to the correct court.
5. Attending a court hearing.
6. Obtaining a court decision and registering paternity in the registry office.

Before starting the procedure, you need to prepare a significant amount of money. The process of establishing paternity is very expensive.

If in the process one of the parties or the court requests a genetic examination, then the plaintiff must pay for it. During the consideration of the application, AB0 and other studies may be requested.

It is advisable to involve a lawyer in the process. The costs of paying for the services of a specialist, drawing up a statement of claim and representation in court are also borne by the plaintiff.

Important! It is advisable to include in the statement of claim a request to recover legal and expert fees from the defendant if the claims are satisfied.

Stage 1. Collection of documentation

At the first stage, the applicant must prepare the maximum amount of evidence that the child is the natural son or daughter of the defendant. The application must be accompanied by:

• general information (provided by all plaintiffs without exception);
• evidence of paternity (formed depending on what information the applicant has);
• witness statements (if available).

general information

No. Document Comment
1 Civil passport of the plaintiff The document must be valid at the time of going to court. If necessary, you must change your passport in advance (if you reach age or change your last name) 2 Child’s birth certificate Provided regardless of the child’s age 3 Child’s civil passport Provided if the citizen has reached 14 years of age 4 Extract from the house register Confirms the child’s residence with the applicant 5 Receipt payment of the fee Paid if the plaintiff is a child who has reached the age of majority

The applicant must confirm his authority:

• guardian (certificate, order appointing guardianship);
• foster parent (certificate, agreement on the transfer of a minor to foster care);
• the person actually raising the child (extract from the house register and passport).

Evidence of paternity includes documents that make it possible to assume that a man is the biological father of a child.

Proof

No. Evidence What is needed
1 AB0 examination Proves the same blood type of the defendant and the child 2 DNA research Proves the presence of blood relationship by 99.9% 3 Joint photos showing a man and a child 4 Video footage Showing a man recognizing paternity, showing joint activities 5 Documents on the management of pregnancy and childbirth If the man was indicated as the father in the exchange card, underwent a medical examination during planning or during pregnancy, participated in joint childbirth 6 Bank account statement If the man regularly sent funds for the maintenance of the child 7 Checks and receipts for the purchase of children's things If a man bought baby food, clothes, shoes using a bank card

The witness must appear in person at the trial. If appearance is impossible (located outside the country or in another region), then he can be questioned in court or at the consular office at his location. To conduct a survey, the court generates a request in which it indicates the necessary questions.

Stage 2. Drawing up a claim

A sample statement of claim can be found in the article “Statement of Claim to Establish Paternity and Collection of Child Support.”

The application must contain:

1. Request for the attendance of witnesses.
2. Request to order a DNA test.
3. Applicant's telephone number or email address.

Stage 3. Selecting a court

The choice of judicial authority depends on the content of the statement of claim:

1. If the applicant demands not only to recognize the man as the father, but also to recover money for the maintenance of the minor, then the documents are sent to the court at the place of permanent residence of the child.
2. If the plaintiff asks to prove exclusively paternity, then the documentation is sent to the court located at the defendant’s place of residence.

Stage 4. Payment of duty

The law exempts citizens who act in the interests of a minor from paying duties. Therefore, the obligation to pay the fee rests solely with the adult child and the guardian of the adult incapacitated citizen.

The payment amount is 250 rubles. Funds must be transferred in a way that allows you to confirm payment. Therefore, you need to use an ATM or cash desk at a bank branch.

Stage 5. Court hearing

The court clerk will contact the applicant 5 days after the documents are sent to the court. He will inform you about the date of the preliminary meeting.

Both the plaintiff and the defendant are summoned for a conversation. The judge clarifies whether the applicant supports the claims.

During the conversation, the date for the main meeting is determined. It is scheduled within 14 days from the date of the conversation.

Parties may appear at the trial in person, with a representative, or file a motion to proceed without participation.

One of the evidence in the process may be genetic testing. It is used to confirm family ties. But the result of the study is not the only or main evidence. Other information should also be studied.

Specialists from the guardianship and registry office departments must be called into the process. They express their opinions regarding the applicant's demands.

With DNA examination

If there is a DNA test result, paternity will be established, even if the father is against it. Material collection and examination are carried out in a specialized organization.

Process algorithm:

1. Obtaining a determination to conduct a study.
2. Visit to a specialized organization established by the court (appearance at the appointed time).
3. Collection of material.
4. Payment for the study.
5. Carrying out an examination.
6. Submitting a report to the court.
7. Schedule the next meeting.
8. Notifying the parties about the appointment of a date.
9. Next court hearing.

The judge examines the results of the examination and makes a decision.

Without DNA research

Let's consider whether a court can establish paternity without DNA. As already mentioned, the results of the examination are not the only evidence. Therefore, the court may make a decision based on other information.

In practice, the following options arise:

1. The defendant was not notified of the examination. Often a situation arises when the defendant avoids receiving a summons in every possible way (does not attend meetings, hides his place of residence). Since the citizen was not properly notified, the court cannot make a positive decision without the defendant. However, a decision can be made based on the evidence in the case. If there is enough information, the court will satisfy the plaintiff’s demands.
2. The defendant was notified of the study. If a citizen knew about the date and place of the examination, but did not appear, then the court may count the failure to appear as an admission of paternity. In this situation, the requirements are satisfied by default.

Stage 6. Registration with the Civil Registry Office

After receiving a court decision, the applicant must visit the civil registry office at the place where the child’s birth was registered or the MFC. According to the plaintiff, the specialist makes changes to the child’s data and issues a new birth certificate.

Important! The document confirming the procedure is a certificate of paternity.

Arbitrage practice

Acknowledgment of paternity through the court is a common legal process. However, not all demands are met. The main reason is the lack of evidence.

Women have high hopes for the results of the examination. However, it is necessary to prepare other data. It is advisable to prepare evidence for all the information specified in the application.

Example. Citizen R. applied to the court to delete the record of her father and establish paternity. At the time of the child’s conception, the plaintiff was officially married, but did not actually live with her husband. The child's father wants to formalize paternity and give the child his last name.

At the time of birth, the marriage had already been dissolved, but 300 days had not yet passed. Therefore, the ex-husband's data was automatically included. The woman asked to exclude the information and include information about her partner. The defendant and cohabitant appeared in court. Each of them confirmed the applicant's information.

The court satisfied the requirements.

It is not always possible to find unanimity between the parties in the process. Often paternity is established against the will of the man.

Example. Citizen M. applied to the court to establish paternity. She lived with the defendant for 3 years and ran a joint household with him. Her parents accepted him as a son-in-law. During pregnancy, he underwent a joint medical examination.

After giving birth, I went to work and stopped calling and sending money. The woman asked to establish paternity and order the payment of alimony. The requirements for recognition of family ties were satisfied.

Since there was no information about the defendant’s place of employment, the court, when assigning financial support to the child, proceeded from the amount of the subsistence minimum for the child.

It is possible to establish a relationship between a man and a child without the consent of the father. Moreover, conducting an examination is not a prerequisite. If there is other evidence, the court makes a decision without DNA.

To ensure that the procedure is carried out in the best interests of the child, it is necessary to obtain legal advice. If you leave a request on the site right now, a lawyer will provide a consultation free of charge.

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