A father’s rights to a child in a civil marriage in 2021: how to register and adopt?

If a child is born in a civil marriage

Living without registering a marriage and having decided to bring a baby into our world, a mother must clearly understand what she can count on . There are two possible scenarios for the development of the situation:

the father recognized the newborn as his own;
the father does not take any action to recognize his paternity in relation to the newborn or refuses to recognize it .

In the first case, the father and mother are sent to the registry office with passports and a certificate from the maternity hospital confirming the fact of the birth of the baby, and data about the parents is entered in the book of recording information about the parents.

The father must write a statement if he wants to give the newborn his last name.

Thus, the child receives a patronymic and a birth certificate, in which the surname of the real parent will be entered in the “father” column.

In the second case, registration will take place without entering the father’s data, there will be a dash on the birth certificate , and the mother will be considered single.

The grown-up child will understand that he is not recognized; Some children suffer greatly from this mentally. But the most important thing is that such a son is infringed in his filial rights in relation to his father’s property, his inheritance .

The only thing a mother is free to do is choose a middle name. Feeling offended, “in her hearts” the mother can enter any other name instead of the father’s. It is not allowed to change the surname; the child can only be registered under the mother's name .

Over time, the father, having wished to recognize the child legally as his own, will not be able to fulfill this wish without problems, since paternity will now have to be established .

Establishing paternity

The origin of the child from the mother is established on the basis of documents confirming the birth of the child by the mother in a medical institution.

If the child was born outside a medical organization, then the fact of birth from the mother is confirmed on the basis of medical documents, testimony, witness testimony and other evidence.

To legally recognize a child as his own, a man must undergo paternity verification..

Fathers who want to establish paternity often have no idea where to start the process and wonder how to register a child in a civil marriage.

A joint application with the child’s mother is submitted to the registry office (Article 48 of the RF IC) . If the mother has died, been declared incompetent, deprived of parental rights, and her whereabouts cannot be determined, the father also has the right to submit a corresponding application.

But he first receives the consent of the guardianship and trusteeship authority or by court decision, if there is no such consent.

If the child is already an adult, the parents submit an application to establish paternity along with the written consent of the child (or his guardian, guardianship authority, if the child is incapacitated).

A package of documents for determining paternity in the registry office:

passports;
child’s birth certificate (if available), medical certificate from the maternity hospital;
receipt of payment of state duty;
permission from the guardianship authorities (if required by law);
consent of an adult child.

All documents are submitted to the registry office at the place of residence of the parents or to the registry office where the fact of the child’s birth was registered.

Many women are concerned about the question: “Is it possible to register a child in the father’s last name if we are in a civil marriage?” Yes, the child’s father has the right to give him his last name, even if the relationship between the partners is not officially registered.

The father writes a statement in which he says that he wants to give the child his last name. And the child has a middle name, as well as a birth certificate with the “Father” column filled in.

A certificate of paternity is issued on official letterhead and with the official seal of the civil registry office.

The document must contain information:

about the child's father;
Full name, date and place of birth of the child;
act of recording the establishment of paternity, information about the civil registry office;
Full name of the child after paternity has been established;
Full name of the child's mother;
series, paternity certificate number.

The registry office may refuse to issue a certificate if the birth register already contains information about the child’s father.

But it often happens that the former common-law wife does not allow him to see the child. What to do then?

Through the court

If a woman does not want to recognize her partner as the father of the child, does not allow her ex-partner to communicate with the child, if the guardianship and trusteeship authorities do not allow the man to establish paternity (if the mother dies), he can file a claim in court.

First, you need to collect evidence confirming the relationship of the child and his father. The court takes into account any reliable evidence: explanations of former partners, witness statements, written, material evidence, expert opinions.

One of the most basic pieces of evidence is a DNA paternity test.

But the court itself determines in which medical institution such a test can be done. If the potential father brings test results from a clinic of his own choosing, the court will not accept such evidence.

Subject to examination:

blood from a vein;
hair;
nail cut;
a smear of the mucous membrane from the inside of the cheek.

A DNA test is an advanced technique that confirms or denies the biological relationship between an alleged father and a child by examining the genetic material of the participants and comparing certain DNA parameters.

This analysis provides only the most accurate results. 99% - the man is the father of the child, 0% - he is not.

Video: Establishing paternity

Father's rights to child

The father has the right to communicate with his child at any time in unlimited quantities . According to the law, the mother of the child does not have any advantages over the father in relation to the child.

The imposition of time restrictions on communication with a child is enforced only by the court.

The mother of the child is not given any advantages in relation to the rights of the child in matters of communication and spending time together, unless otherwise established by the court.

Other rights of the father:

give the child your last name;
take direct part in the fate of the child, provide for him financially;
spend leisure time together, take it abroad;
protect the child physically and mentally;
raise a child, help him, solve issues of his education;
request information from the military registration and enlistment office, medical organization, educational institution;
file a lawsuit if the child’s mother prohibits the father from communicating with him, or if the father is dissatisfied with the way his child is being raised;
contact any other institution to obtain information about your child.

If a mother takes her child abroad for permanent residence or vacation, she must obtain the father’s permission.

Former partners can enter into a written agreement, certified by a notary, on the procedure for exercising parental rights.

It is better to draw up such a document with an experienced and qualified lawyer who will help indicate all the nuances and correctly draw up all the clauses of the agreement.

If disagreements arise, parents can go to court, which will determine the procedure for exercising parental rights.

When making a decision, the courts take into account the interests of the child, as well as documents provided by the guardianship and trusteeship authority, which contain characteristics of the child’s mother and father.

Deprivation of parental rights

In what cases can a father take a child from a mother in a civil marriage? If the mother does not perform her duties properly due to an antisocial lifestyle or a serious illness.

The father can deprive the mother of parental rights if she:

evades fulfilling her duties, does not pay alimony (if the court has ordered her to pay it);
refuses, without good reason, to pick up the child from the maternity hospital or medical institution and other organizations;
abuses his parental rights;
cruelly treats a child, carries out physical and mental violence, encroaches on his sexual integrity;
is sick with chronic alcoholism or drug addiction;
committed a deliberate crime against the life or health of her children or the other parent.

For the same reasons, a mother can deprive a father of parental rights.

How to take a child from the mother to the father in a civil marriage? The other partner cannot deprive one partner of parental rights solely at his own request.

Only the court can deprive parental rights. It is necessary to collect strong evidence, protocols, extracts, video and photographic materials, and testimony of witnesses.

First you need to go to court . The father files a claim at the place of residence of the child's mother. The claim must clearly and accurately indicate the grounds on which the child’s father demands to deprive the mother of her rights.

Before submitting an application, the father can contact the guardianship authority for advice. Then the employees themselves will collect evidence of the child’s mother’s guilt.

The claim can be satisfied even without the consent of the defendant.

When considering a case on deprivation of parental rights, the court must take into account the interests of the children, only then the interests of the father or mother.

The parties must provide sufficient reasoning for their actions, confirm their case with facts and evidence of the neglectful attitude of one or the other parent towards the child.

The court will consider all the circumstances, listen to the parties, and make a decision. The more evidence the father collects against the mother, the more chances he will have to win the case.

The evidence is:

Testimony of witnesses. If the mother is not involved in the baby's life, witness testimony is the best evidence.
Documentary evidence base: medical certificates documenting beatings of a child, conclusions of child psychologists, psychiatrists, neurologists. You should also take a certificate from the PND if the mother is registered there. If the mother evades paying child support, the child's father obtains a certificate from the bailiff service.

The witnesses are:

relatives of the child;
housemates;
employees of the preschool or school institution where the child is studying.

Deprivation of parental rights is a forced and extreme measure.

Relevant services fight unlucky parents who cannot or do not want to properly fulfill their responsibilities, and help those who are unable to do this for a good reason.

Parental rights are deprived only when there is no hope for correction.

If a man or woman's motives for depriving a biological parent of rights to a child are unfounded, the court will not rule in his or her favor without strong evidence. Especially when the desire to deprive parental rights is dictated by annoyance to your ex-partner.

A man who is in an unregistered relationship with a woman has certain rights and responsibilities in relation to the children he shares with her.

He can always declare his rights, even if he has not taken part in the upbringing and maintenance of the child for many years. A woman should be prepared for such a statement.

If she does not want to recognize him as the father, the man can sue and prove his paternity.

The father's rights to the child and responsibilities towards him are equal; the father can see the children unless the court proves that this causes harm to them.

Video: Deprivation of parental rights

1 comment on the article “What rights does a father have to a child in a civil marriage?”

V
Seryoga writes:
Honestly, each parent has an equal right to their child, but of course it is not fair that if one of the parents does not take part in the life of their child, then he also has rights. This, in my opinion, is not fair and a little wrong.
Answer

How to determine paternity?

to determine the relationship between a biological parent and an offspring , but the degree of probability may vary. Here are the main ones:

by similar features in appearance;
according to the time of probable conception of the child;
taking into account blood type;
DNA examination.

Most methods are to one degree or another related to heredity , so geneticists are involved. If the baby inherited the mother’s appearance, then such comparisons will not add anything to the question of determining paternity . This method is suitable if the child is the spitting image of his father.

Similarity in external characteristics includes analysis of the facial features of the child and the father: the shape and color of the eyes, the shape of the nose, the presence of characteristic dimples on the chin (by the way, the dimple is inherited in 95% of cases), the oval of the face, gait, the shape of the hands and feet, etc.

We recommend watching a video about establishing paternity:

Blood group analysis can only accurately determine whether a given man can be the father or not, but it is impossible to accurately determine paternity by blood group. For example, the father has blood type I (0). in the mother - II (A).

Their common descendants can only have the blood of these groups (there are special tables with combination options). This means that any of the men with blood type 0 can be the father, but certainly cannot if his blood type is different .

A child from these parents can only have blood of groups I (0) or II (A). In addition, such blood groups can be inherited by children of parents with completely different combinations of groups. There is a huge error in this method .

Based on the time of probable conception, the gestational age can be determined with an accuracy of 4-5 days. If during this period of time the mother had sexual contact with this man, then he may be the biological father .

If the mother is very loving, promiscuous and had relations with several partners during these days, then any of them can be among the probable fathers . This means that this method does not provide any accuracy .

Only genetic testing of DNA has an accuracy of 99-100%.

Acknowledgment of paternity

It is recognized only if the parent initially agrees that the child is really his and this fact is documented. Otherwise, family ties are established through DNA testing or court proceedings. In this case, paternity is recognized by the person who has legal capacity and only with the permission of the child’s legal representative. That is, if the mother is against DNA testing, in this case the father cannot go against her consent.

Sometimes it happens that a son or daughter is already an adult and the father has decided to establish family ties. Then he needs their consent. If the mother is no longer alive and the child has not reached the age of majority, you need to ask for permission from the legal representative who is the guardian.

Carrying out genetic testing

The most modern method for determining family ties, in particular paternity, is genetic testing.

DNA analysis is carried out on the basis of comparison of biological materials of the probable father and the child. It can be:

deoxygenated blood;
nail sections;
hair;
particles of mucous cells inside the cheek (a smear is taken).

The duration of the examination is from a week to 14 days , the result obtained is almost error-free.

Only special laboratories that have the appropriate documents have the right to perform such tests and , but the result is accepted as unconditional evidence even by a court of any authority.

A man's recognition of a child born out of wedlock as his own

For a man to recognize a child as his own means to take responsibility for upbringing, care, and financial support, along with the mother.

An illegitimate child, at the request of the father, can be recognized without any delay . In the event of the death of the mother, the father who appears at the registry office, presenting a certificate of her death, can become the legal father.

If the child’s mother is absent for a long time and no one knows what’s wrong with her and where she is, is incapacitated, deprived of the rights of a mother, then the father submits an application to the registry office with a request to recognize him as the father, attaching certificates, or extracts, or other documents to the application .

Based on these papers, documents (birth certificate) will be issued and entries will be made in a special book about the child’s father.

When a common-law husband refuses to recognize his paternity , only the court can correct the situation and establish the fact of paternity .

Who is a child's biological father: legal definition

According to the Family Law Law, a biological parent is the person through whom the child was conceived. In addition, a person is considered a father if at the time of the baby’s birth he was married to the mother, recognized paternity, or the court established the relationship.

The Law also regulates artificial insemination, where the father at one time became a donor. However, in this case, the court cannot establish paternity, since the cells were used for artificial conception.

What rights does a common-law father have over a child?

A father who recognizes the baby as his own and being a civil husband, not an official one, has many rights:

give your last name;
raise an offspring, provide an education ;
participate in its provision financially ;
spend leisure time, vacation;
represent the interests of the cub in all instances , protect him physically and morally;
request information from the military registration and enlistment office, medical institution, school, etc.;
give consent (or refuse) to take the child outside their country, etc.

The father also has the right to sue the mother for improperly fulfilling her duties due to an asocial lifestyle or illness for full custody of her child.

It is clear that this is done through the judicial authorities and guardianship authorities, if strong evidence of the mother’s indecent behavior is presented. It is even possible to withhold alimony from the mother in favor of the child while he is living in the care of the father .

When living separately or in the event of separation, the father has both the right and the obligation to support the child by paying alimony.

A voluntary agreement to pay alimony will greatly simplify the situation. Be sure to read the informative article about paying child support in the event of parental separation.

Emerging disputes regarding children

All children have the right to live and be raised in a family, to know their parents, to have their care, to live together with them (exception: communication with parents is contrary to their interests).

If there are no parents, or if they have been deprived of parental rights, then the right to raise the child is ensured by the guardianship and trusteeship authorities (Article 54 of the Family Code of the Russian Federation).

Both parents are responsible for raising the child and must provide them with education (Article 63 of the RF IC) . Parents advocate for their rights and interests.

A difficult situation arises as soon as a man and woman who are in an unregistered relationship decide to separate. Most conflicts arise on issues of rights and responsibilities in relation to common children.

Quite often, offenses are committed against children, since some fathers cannot decide to recognize the child as their own and assign their surname to him.

If paternity has not been established, the child is given a first name according to the mother’s instructions, a patronymic is assigned according to the name of the person who was recorded as the child’s father, and a last name is assigned according to the mother’s last name.

But mothers can also be inconsistent in their decisions, illegally prohibiting the father from seeing the child.

Both parents should be responsible for raising a child . But in an official marriage everything is simple.

In case of cohabitation, obligations to support children apply to male cohabitants only when his paternity is established.

Let's look at how to register paternity in a civil marriage.