Establishing paternity is a procedure that can be caused by various reasons. As a rule, the main reason is the lack of a legally registered marriage between the child’s parents. Another reason may also be another situation, for example, if a woman gives birth to a child not from her legal spouse, at the birth of the child the legal spouse is automatically recognized as the father, but it may be necessary to establish the paternity of the child’s biological father.
Depending on whether the child’s father wants to voluntarily establish paternity or, on the contrary, he refuses this by all means, the procedure for establishing paternity, its duration and complexity depends.
How can paternity be established?
If the child’s father himself wants to become the child’s legal father, then the issue is resolved voluntarily through the registry office. If the child’s father does not want to establish paternity of the child, but his mother does, then the issue is resolved in court by filing a statement of claim.
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Statement of claim to establish paternity after the death of a father with a joint child
Voluntary establishment of paternity
If a man agrees to become the father of a child, to raise and provide for him, then it is necessary to submit an application to establish paternity to the registry office from both parents. The application is filled out jointly by the spouses and also submitted jointly. If joint submission is not possible, then the document can be submitted by one of the parents, and the signature of the second on the application must be notarized.
Signatures from both parents on the application are required to confirm that both parents agree that the child will have a legal father, whose information will be reflected on his birth certificate. The application should be submitted to the registry office at the place of residence of either parent or the place of birth of the child.
In order to be able to establish paternity, a man must have legal capacity. If the child has reached the age of majority, then his consent is required to establish paternity.
Establishing a child’s relationship with the father is very important, because it makes it possible to take part in the life and upbringing of the child, but in addition, confirmation of paternity forces the man to a certain responsibility.
When a young father does not refuse to voluntarily establish paternity, then he and the child’s mother must appear at the registry office and write the necessary statement. When signing it, the man automatically agrees to recognize the child as his family. And when the mother signs the application, she automatically confirms that the man is the father of their joint child.
The process of establishing the relationship between father and child is a particularly important legal procedure, which entails quite serious consequences of rights, which is why, in order for the father to be recognized as the natural father of the child, he must meet the following requirements. A young man who wishes to recognize a joint child as his own voluntarily must be recognized as legally capable. As a result of this, any citizen who has not been declared incompetent does not have the right to directly establish paternity voluntarily.
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Methods of deprivation of parental rights and reasons
The current law is currently unable to officially establish the relationship between the child and the father at the personal request of the guardian of this incapacitated parent. According to the current Family Code, every accomplished man can submit documents to establish paternity on a voluntary basis.
Voluntary procedure for unmarried parents
For couples whose relationships are not registered in the manner prescribed by law, voluntary establishment of paternity is possible at the registry office if they appear there together, providing an application and a package of necessary documents.
The presence in the registry office of a person who has agreed to recognize himself as the father is mandatory. The mother may not appear, providing a notarized statement.
A certificate confirming the fact of recognized paternity can be issued, at the request of the applicant parents, to each individual.
Based on the couple’s application, the registry office employees on the same day enter the father’s data into the previously recorded entry in the baby’s birth certificate. After this, a new (amended) birth certificate is issued. The birth document previously received by the mother must be cancelled.
Detailed plan
As was said a little earlier, both parents of a joint child are required to write their appeal to the registry office. In cases where the parents’ statement cannot be compiled together, they fill it out in two separate sheets. The signing of the application by a parent who did not have the opportunity to be present at the time of filing the application must take place before a notary. Establishment of voluntary paternity is not determined by time limits; this can happen at any age of the baby.
Establishing paternity before birth
Under current law, a paternity petition can be filed before a child is even born. Even before the baby is born, his parents have the right to appear in court and file an application to establish a relationship.
Prospective young parents have the official right to file an application to establish paternity in advance when filing an application on time cannot be carried out. For example, a dangerous long-term illness, going on a long-term business trip, or a parent moving to a foreign country. In order for the submitted application to be registered, you must provide a personal certificate of pregnancy from a medical institution.
You can submit an application requesting a premature voluntary establishment of relationship between father and child in the same way as an application drawn up after the birth of a common child. Filing an application early usually works the same way as after the birth of a baby.
It should be remembered that the registry office simultaneously registers the birth of the baby and the father’s voluntary agreement to recognize the child as his own. Before the baby is born, the application can be submitted prematurely by the father personally; immediately after this, its effect is completely canceled.
How to restore paternity through the registry office
The registry office records not only the establishment of paternity, but also the restoration of rights to the child, which the parent was deprived of for reasons established by law. In order to restore rights, the parent must file a claim in court. If a positive decision is made, an extract from it is sent within three days to the state institution that produces civil registration, and thus the restoration of paternity is registered through the registry office.
However, the mere fact of going to court is not enough for a decision to be made in favor of the child’s father. At the court hearing, among other things, the opinion of the mother will be taken into account, as well as the child himself, if he has reached the age of 10 years.
Paternity, recognized voluntarily, as well as other ways of establishing the origin of a child, imposes certain rights and obligations on the parent. The acquired right to a child is irrevocable, and it can only be lost by a court decision in cases established by law.
Statement
A peaceful application requesting voluntary recognition of a child as one’s own must necessarily indicate:
- personal address, exact nationality, deciphered date of birth, as well as the citizenship of both parents;
- the child’s full name, surname and patronymic, as well as his gender and place of birth;
- exact details from the Civil Registry Office about the baby (all such data is needed when establishing a relationship immediately after confirming the birth);
- detailed details from the Registry Office about the process of registering a marriage (when the marriage relationship was concluded immediately after the birth of the child);
- full name, which will be established for the baby after his registration;
- original details of both spouses’ passports.
Acknowledgment of paternity without the presence of the mother
Establishing paternity without the presence of his natural mother can occur only in certain cases:
- when the mother was deprived of rights to the child;
- if the mother is declared missing;
- when the mother died;
- if there is consent from the guardianship authorities;
- if the mother was declared incompetent.
Recognition of a child by the father, when the offspring was registered with another man from birth
When the birth certificate of a child contains a note in which another man is recorded as the father, the Civil Registry Office does not have the right to accept such an application. In this case, paternity must be contested.
Conditions necessary for voluntary recognition of paternity
Full legal capacity of a man is one of the mandatory conditions for a voluntary personal expression of will to establish paternity. If the potential father is incapacitated, the personal nature of such an expression of will deprives the legal force of the signing of such a document for him by a trustee or guardian. Another condition is the absence of an entry in the “father” column in the child’s birth certificate. If there is a record, the other man cannot recognize his paternity in relation to the baby.
A way out of the situation in this case may be to challenge the biological relationship with the child of the person recorded in the birth certificate by the father in court. Recognition by the court of the fact that the person recorded as a parent in the document is not one makes the procedure for establishing paternity possible.
If recognition of paternity is carried out in relation to an adult citizen, the main condition is his consent, as well as the consent of the guardian in the case of recognition of paternity in relation to an incapacitated person.
Alimony and paternity establishment
Now in Russia the number of children who were born out of marriage has increased significantly, which is why the question of paying alimony arises often. Through many years of practice, it has become known that mothers of children born out of wedlock often begin to demand the recovery of alimony payments from the father. In order to go through the process of collecting alimony payments, it is necessary to carry out the process of establishing paternity either judicially or voluntarily (see → how and where to apply for alimony).
In what cases is a mother’s statement not required?
Paternity, as a general rule, can only be established with the consent of the mother. However, in some cases, a unilateral expression of the father’s will is allowed. These include:
- deprivation of mother's parental rights;
- declaring her legally incompetent;
- recognition of the mother as missing;
- death or recognition of a woman as dead in court.
Unilateral establishment of paternity is possible only with the consent of the guardianship and trusteeship authority, which will need to be confirmed by an appropriate certificate. The father’s application will also need to be accompanied by a document confirming the reason for the unilateral expression of will.
Children's rights to collect alimony
When the child’s natural father agreed to recognize his son or daughter as relatives, then at the end of time he will no longer be able to refuse the direct responsibilities of a parent. Each man can also come to justice to begin the process of challenging their relationship, however, if during the registration he knew that the person was not the natural father of the child, then the justice authorities will most likely refuse the application.
In cases related to paternity, justice most often takes the side of single mothers who independently raise a minor.
Possibility of collecting alimony
Recognizing oneself as the father of a child entails legal consequences, which the man who decides to establish his paternity must be aware of. After completing the procedure, he acquires all the rights and responsibilities that a parent must exercise in relation to his child. Including material support until he reaches the age of 18, if the child is a minor.
The mother of a child for whom paternity has been established has the right to collect alimony from the father on a general basis.
Establishing paternity upon the death of the father
After the father has died, his relationship with the child is established exclusively through the court. The current Family Code may have two options for resolving this issue:
- The deceased father recognized the child as his during his lifetime and this was proven. Then justice necessarily confirms the relationship.
- The deceased father, during his lifetime, did not agree to recognize his child and there is no evidence of this. Then it is necessary to prove the fact of paternity.
In these cases, it is necessary to involve social authorities, as well as all interested parties. Various letters, witness statements, as well as documents where the deceased father agreed to recognize the child as his are suitable as evidence. For more information about establishing paternity after the death of a father, read the article: “Establishing paternity after death.”
Nuances of the procedure depending on the age of the child
The legislation does not limit the age of children in respect of whom voluntary paternity can be established. However, the implementation of this procedure in relation to a person who has reached the age of majority has its own characteristics. In this case, to establish paternity voluntarily, it will not be the mother’s consent that will be required, but the absence of objections from the child who has reached the age of majority. When carrying out the procedure through the registry office, his personal written consent must be attached to the package of documents provided.
Judicially
If a man does not want to voluntarily recognize the child as his own, but the child’s mother wants this, then the mother must file a statement of claim in court, detailing the situation. In order for the court to make a positive decision regarding this case, it is necessary to provide evidence confirming the relationship between the plaintiff and the defendant. Various photographs, videos, letters, testimony of witnesses, mutual acquaintances, neighbors, and colleagues may be suitable as evidence.
During the consideration of the case, an examination may be ordered to determine the fact of paternity. Along with the statement of claim, a copy of the child’s birth certificate, a certificate of family composition, and a copy of the passport should be submitted to the court.
