Application for re-issuance of a certificate of paternity

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With the birth of a child, a married couple has questions about its maintenance. In the case when a man refuses to financially support (pay alimony) the mother and child, it is necessary to establish the fact of paternity. After establishing the fact, the man will be obliged to support the child until adulthood. The procedure for recognizing paternity is carried out only in court. Most often, this question arises between a man and a woman who are not married at the time of the birth of the baby.

In turn, about the nuances of abandoning a child, read the link:

Is it possible to restore parental rights?

The grounds and procedure for restoring paternity are prescribed in Article 72 of the Family Code of the Russian Federation. The first paragraph of this article states that the parent’s rights in relation to the father can be restored if he gets rid of bad habits, changes his lifestyle and is interested in raising the child. In practice this is reflected in:

• Getting rid of alcohol or drug addiction.
• Employment.
• Regular alimony payments in full.
• Arrangement of housing for sharing with a child.

However, to restore paternity, a number of other requirements must be met:

• Six months have already passed since the deprivation of parental rights.
• The child was not adopted.
• He did not reach adulthood during this time.
• If a child is over 10 years old, his consent will be needed to restore his father’s parental rights.
• The main requirement is that restoration of paternity should not contradict the interests of the child.

Subject to this list of conditions, the father remains to convince the court of the reality of his correction and his intentions to be an exemplary father.

How to restore paternity certificate

When submitting an application, the following must be submitted: Information on the procedure for paying the state fee is indicated in a separate section. If applicants present documents issued by competent authorities of foreign states, they must be legalized, unless otherwise provided by international treaties of the Russian Federation, and translated into Russian. The accuracy of the translation must be notarized. Currently, the Order of the Ministry of Health and Social Development of Russia is in force from the Application for the issuance of a duplicate is submitted: My brother lost his birth certificate for 40 years, now I am his sister taking care of his real estate and the notary asks to bring his certificate, where can I get a duplicate, maternity hospital already. payment of the state fee (200 rubles) via electronic or cash payments.

Convenient methods are online payment, using terminals and visiting a bank office. place of state registration of establishment of paternity (name of the civil registry office that carried out the state registration of establishment of paternity); 1. Such registration of a civil status act is carried out by a special body - the Civil Registry Office. The article we offer will tell you where, how and on what grounds state registration of establishing paternity can be carried out, as well as what a document establishing paternity is.

Mother's consent to restore paternity

The presence of the mother's consent is not mandatory for the court, just as its absence does not prevent the court from making a decision to restore the father's parental rights. More important for the court:

• Interests of the child.
• The father's correction and his sincere desire to help the child.
• Consent of the child if he is already 10 years old.
• Opinion of the guardianship and trusteeship authority and the prosecutor's office.

But you need to take into account that if the child lives with his mother, then she is the defendant in the case of restoring paternity. Therefore, she may disagree and prevent the court from making a positive decision. The mother has the right to provide documentary evidence against the restoration of the father’s parental rights, to petition for additional examinations and request documents.

In order to avoid confrontation with the mother in court, the father must try to restore relations with her even before the court hearing, enlisting the support of the child’s mother in restoring paternity.

How can a biological relationship between father and child be recognized in court?!

When considering a case to establish paternity, a number of examinations may be used. They will help the judge make a decision as quickly as possible. Let's consider the main types of examinations.

• DNA. Not everyone is ready to use this method due to its high cost. It is necessary to turn to experts who guarantee the most accurate results. If the defendant is confident that he is right, he can appoint an examination voluntarily.
• Forensic gynecological. It allows you to establish the absence of sexual contact between the alleged father and mother. The examination allows you to determine the time of conception. The basis is medical documents from the clinic where the woman was observed during pregnancy. The date of registration, as well as other data, is important.
• Forensic biological. It is necessary to take a blood test of the father, mother and child. This method can give a negative result; it allows one to exclude the fact of paternity.

Going through the process on your own is quite difficult. The help of a lawyer to establish paternity is always in demand. A professional will immediately give an assessment and a preliminary forecast and help you quickly prepare documents. If the plaintiff finds it difficult to collect and provide evidence, he needs to turn to professionals.

This legal procedure is carried out in court and will be required to protect the interests of the child and his property rights in the event of the death of the father and the absence of documentary evidence of kinship.

In Russian judicial proceedings, establishing the fact of recognition of paternity is a very common procedure. It is relevant if the spouses were in a civil union in which children were born. The procedure is carried out if there is a death of the father and there are property disputes or claims.

In order to competently protect the interests of the party who has gone to court to establish the fact of recognition of paternity, it is necessary to resort to the services of an experienced lawyer. It is within the competence of this specialist that methods of searching for information, a confident line of defense in court of the rights and obligations of a particular person, as well as the legality of requests to various authorities for documentary evidence in favor of paternity.

Paternity restoration procedure

Only a court can restore parental rights, so you will definitely have to file a lawsuit and a package of documents.

The plaintiff may be:

• Father.
• Father at the same time as mother.

The defendant is the organization or citizen under whose guardianship the child is, namely:

• Mother.
• Trustee or guardian.
• The institution where the child is located (boarding school, hospital, shelter, orphanage).
• Municipal guardianship authority.

The court makes a decision after studying all the circumstances of the case and taking into account the interests of the child.

Procedure

To restore parental rights, the father needs to take a number of sequential actions:

• Consult a lawyer regarding the circumstances of the case.
• Discuss the situation with representatives of the guardianship and trusteeship authority to obtain their consent to file a claim in court.
• Pass the guardianship authority's inspection of the father's living conditions, his financial situation and lifestyle.
• Prepare a lawsuit.
• Collect documents confirming lifestyle changes.
• Submit documents and an application to the court.
• Participation in court hearings and obtaining its decision.
• Return of parental rights.

In the process of going through these stages, it is important to correctly draw up a statement of claim and collect as many documents as possible to support the applicant’s arguments.

If there is a dash in the column on the child’s birth certificate

The father's column on the birth certificate has a dash when the mother is single and raises the child entirely alone. This usually happens when the parents have not registered their relationship, the father does not want to voluntarily take on these responsibilities, or the mother has decided to be single according to the documents. In this case, the issue is resolved in the same way: either through the registry office or through the court. If you jointly submit an application to the registry office and receive a new birth certificate, for example, if there are disputes, then the application is first submitted to the court (Articles 131, 132 of the Code of Civil Procedure of the Russian Federation). After paternity has been established, along with the court decision, you can contact the registration authority, where changes are made in the column and a new certificate is issued.

Statement of claim

A free form of claim, however, must take into account the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The claim should not contain emotional statements, data that is not relevant to the case, abusive and profane expressions, as well as errors and corrections.

The claim with errors will be returned for revision. And this will delay the period for its consideration. Therefore, you must strictly follow the recommendations for drawing up an application to the court. Its text must indicate:

• Name and address of the court.
• Details of the plaintiff and defendant (full name and address).
• Details of the representative of the guardianship authority.
• Prosecutor's details.
• Title.
• Information about marriage and divorce or cohabitation outside of marriage.
• Child details.
• Information from a court decision on deprivation of parental rights.
• Details of documents on the collection of alimony and confirmation of their payment.
• All information about changing the father's lifestyle.
• Information about father's income and work.
• Data from the report on the study of the father’s housing and living conditions.
• References to the rules of law (Article 72 of the RF IC) on the restoration of parental rights.

In the claim, you need to ask to restore paternity, determine the child’s place of residence and return him from his current place of residence, or determine the schedule of meetings between the child and his father.

At the end, a date and signature are placed and the documents that are attached to the claim are indicated.

Sample claim for_restoration_of_paternity - to fill out

Establishing (father's rights) or challenging paternity

• correspondence by letters, in instant messengers, on social networks between father and child;
• joint videos or photographs;
• documents confirming cohabitation;
• documents drawn up during pregnancy (if they contain the father’s signature);
• documents confirming the fact of the woman’s financial support at the time of pregnancy.

Situations arise when a man wants to establish paternity, but the child’s mother is declared incompetent, has died, gone missing, or has been deprived of parental rights. In this case, he needs to contact the guardianship authorities. There you can also ask what documents will be required. Most often you need to prepare:

In this case, it is necessary to take into account the explanations of the Supreme Court of the Russian Federation. The father cannot challenge paternity in court without DNA if the child was born out of wedlock and at the time of making an entry about the father, the plaintiff knew that he was not the biological father. If a party to the proceeding opposes DNA testing, does not allow samples to be taken for research, and thus it is not possible to conduct research, then the court may recognize such behavior as confirmation of facts that require an examination to establish.

But is DNA testing mandatory? The norms of civil law say that it is not necessary, but paternity can be challenged even in absentia if the defendant does not appear at the court hearing, even with due notice. You can prepare a statement of claim yourself, but it is best to seek help from a competent lawyer who can analyze the situation, give legal advice on family law rules and draw up a claim in court.

• The legal relationship between the father and the child is terminated: the son or daughter cannot receive alimony, but the disabled father will not be able to claim help from the child in the future.
• If alimony has already been assigned, then its payment stops.
• Inheritance relations also cease: neither the child after the father, nor the father after the child can inherit.
• If the dispute was related to the establishment of paternity in relation to another man, then a legal connection arises with him.

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In some cases, documents may be filed before the birth occurs. This is allowed if one of the parents may not be able to submit an application before the birth. Unlike a regular application, a preliminary application requires notarization. In addition, the preliminary consent can be revoked by the father at any time until the actual birth of the child.

Documentation

According to Article 132 of the Code of Civil Procedure of the Russian Federation, each argument in the claim must be documented. Lack of confirmation is considered grounds for refusal to accept the claim.

The documents will accordingly differ in each specific case, depending on the circumstances.

The standard list includes:

• Applicant's passport.
• Certificates of marriage, divorce and birth of a child.
• Court decision on deprivation of parental rights.
• Executive document on the collection of alimony.
• Receipt of payment of the state fee for filing a claim.

To confirm the grounds for restoring paternity, depending on the circumstances of the situation, you may need:

• A copy of the work book.
• Certificate of income.
• Receipts for the transfer of alimony.
• Certificate from the FSSP confirming the absence of alimony debts.
• A certificate from the bank confirming the absence of loans and the presence of savings.
• Characteristics.
• Home inspection report.
• Certificate of family composition.
• Medical certificates and reports.
• Witness's testimonies.

The more such documents are collected, the higher the likelihood that the claim will be satisfied by the court, since the documents demonstrate the father’s interest in restoring parental rights.

The court, prosecutor's office and guardianship authority can help with collecting documents.

Why do you need a paternity certificate?

A paternity certificate is issued to legitimize the relationship between a man and a child. Typically, information about the father is entered into official documents in accordance with the marriage certificate. In this case, a man is automatically recognized as the father of a child if the baby is born in marriage or within 300 days after the divorce.

But if the baby’s parents are not legally married, or the child’s mother cannot be present when filing the application (she died, was declared missing or incompetent), a certificate of paternity is required to establish a legal connection between the child and the man.

After the certificate is issued, it becomes possible for a man:

• communicate without interference with the child and participate in his upbringing;
• represent the interests of a minor in court and other authorities;
• in case of inability to work, demand alimony from the grown child;
• enjoy the benefits provided by law, receive benefits, etc. ;
• father and child can inherit each other's property without making a will.

After receiving the document, the woman has the right to demand child support from the man. But at the same time, she loses the privileges provided for single mothers.

Procedure

Consideration of arguments takes place within the framework of a court hearing. The plaintiff is obliged to attend. Unlike other cases, when considering a case on the restoration of parental rights, you cannot send a proxy in your place or write a statement asking to consider the case without the presence of the plaintiff.

The plaintiff is obliged:

• Attend all court hearings.
• Be sober, neat and polite.
• Demonstrate a sincere desire to restore parental rights.

Representatives of the guardianship authority must also be present at the court hearing and confirm the readiness and desire of the father to raise and support the child, as well as the absence of bad habits that he had previously.

The court interviews all parties to the case, as well as witnesses, representatives of the guardianship authorities and the prosecutor's office.

If the child is already 10 years old at the time of the court hearing, he will also be interviewed. Lawyers advise restoring relations with the child in advance, because if he says in court that he does not agree to the return of his father, then his claim will most likely be denied.

If the claim is satisfied, the father will be issued a writ of execution. If refused, he may try to appeal the court's decision to higher authorities.

When will restoration of paternity be denied?

Since the court deprives parental rights in exceptional cases, it will not be so easy to restore them. Even if the father is corrected, he may be denied the return of parental rights. The grounds for refusal are:

• The deadline for filing a claim is too early (6 months have not yet expired after the father was deprived of parental rights).
• The child has reached adulthood and does not need to be raised and supported by his father.
• There were no real changes in the father's lifestyle and position.
• Restoring paternity is not in the best interests of the child. For example, if from early childhood a child lives with a guardian and is psychologically attached to him, then transferring him to be raised by a father with whom he has no connection will cause psychological trauma to the child.
• The child himself protests against the restoration of paternity.
• The court doubts the sincerity of the father's intentions.

Due to the possibility of refusal, the father should assess the real circumstances of the situation before going to court.

Paternity certificate: where, why and how to get it

As we have already noted, the procedure for establishing paternity requires the mandatory payment of a state fee, otherwise the registry office employees will refuse to register the citizen. The amount of the duty is set by paragraphs. 3 p. 1 art. 333. 26 of the Tax Code of the Russian Federation, according to which it is 350 rubles. Details can be obtained from the registry office or found on the official website of the department.

The document must be issued to the applicant on the day of application: as a rule, the procedure does not take more than an hour. If necessary and by personal agreement with the registry office employees, the certificate can be collected later, for example, the next day or a week later. It is noteworthy that entering new data about the father will also require changing the child’s surname and patronymic. The procedure for making such an entry is determined by Art.

73 of the above law, according to which a change in personal data is the basis for issuing a new certificate of state registration of a civil status act. That is, after recognizing a man as a father, it is necessary to obtain a new birth certificate for the child. Not all children are born from parents who are in an officially registered marriage.

And if the origin of a child from the mother is almost always obvious and does not require proof, then the origin of an illegitimate child from the father can only be confirmed by a certificate of paternity. To obtain such a document, you must go through a special procedure for registering origin. What is it and why might it be needed?

In what order is a certificate issued and what is needed for this?

Consequences of restoration of paternity

Satisfaction of the claim for restoration of parental rights leads to the cancellation of all restrictions imposed by the court decision on their deprivation. From the moment the court decision comes into force, the father can:

• Represent the interests of the child.
• See him.
• Educate him.
• Make decisions about his education and medical care.
• Receive information about his health status.
• Allow or prohibit the child to travel abroad and change his last name.

In addition to these rights, the father will be able to inherit the child’s property and collect from him alimony for his maintenance in old age.
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What does a paternity certificate look like?

The document is drawn up on a special form containing several degrees of protection: watermarks, official seal, etc.

It indicates:

• document's name;
• information about the child: full name before paternity is established, gender, place and date of birth, nationality (optional);
• Full name of the child's father and mother;
• Full name of the child after paternity has been established;
• entry from the book of acts on the issuance of a certificate;
• official seal and signature of the official.

In addition, each form contains a unique series and number.