What rights does a father have over a child in a civil marriage?

Today, many men and women establish a life together and do not register a joint relationship. Over time, a child appears in a civil marriage, which causes a lot of controversy among the couple - is it worth going to the registry office, is it necessary to register the newborn, how to recognize paternity, etc.

Let's consider the legal nuances of the situation when a child is born in a civil marriage, we will analyze the features of registration, the need for adoption, as well as possible difficulties.

General provisions

The lack of official registration of marriage entails a number of difficulties with registering a child and obtaining legal status. To avoid problems, the father must recognize the newborn and give him his last and patronymic names. In addition, information about the couple must be included in the certificate.

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In the legislation you can find the status of a single mother, but in the case of a man the situation is more difficult. Therefore, to recognize the fact of paternity at the legal level, it is necessary:

• when registering a newborn, declare paternity
• apply for kinship to judicial or government agencies
• officially sign with the mother before the birth
• register the relationship in the registry office after the birth of the child, and then confirm the fact of paternity

Any of these steps allows you to obtain official status and avoid bureaucratic red tape in the future.

Rights of a newborn

The RF IC has a number of provisions that protect the rights of a child, regardless of the “status” of his parents - whether they are registered or not. The main thing is that the man recognizes the newborn and makes an appropriate entry in the documentation. In this case, if the parents die, the child has the right to expect to receive an inheritance.

Most often, the mother and father submit an application at the time the certificate is issued.

In this case, they maintain the civil marriage and protect the rights of the child.

Regardless of the status of the parents’ relationship, a newborn has the right to count on a decent life. If the mother or father does not want to support the child, the second has the right to file a claim with the judicial authority demanding payment of alimony payments. The fact of official registration of marriage is not taken into account. It is important for the court to take into account the rights of the minor, which come first.

When in a civil marriage, children have the right to live with their parents and share a house or apartment with them if the mother or father owns the property. If the latter is not registered in the housing and is not its co-owner, in order to register the inheritance, he will have to prove the fact of paternity. In this case, the family is forced to spend time and money collecting a large package of papers.

Regardless of the status of the relationship between mother and father, the child has the right to count on the following:

• care from parents
• financial support
• medical care and training
• apartment or other living space
• normal conditions

As noted, in the event of a break in the relationship, the child has the right to receive alimony from the parent who no longer lives with the family.

How does the situation develop when the mother of a child dies?

A different situation may arise if the child’s mother has already died. In this case, the father can not only confirm a close relationship with the child, but also declare parental rights. So, the father can count on the following rights:

• Living together with a child;
• Representation of all interests of the baby. In this case, the father may be recognized as the sole guardian of the child. It is important to note that the biological father must remember not about his own wishes, but about the interests of the minor child, therefore actions, making various transactions, challenging acts of power should be aimed at guaranteed protection of the interests and rights of the child;
• Managing the child's property in his interests. You need to understand that a child can inherit property from his mother, which requires proper management to preserve its value;
• Active participation in the upbringing of the child and his comprehensive development;
• Designating a child as an heir under a will. You need to understand that a child cannot inherit by law until paternity is determined.

It should be noted that a decision can only be made with the participation of the court. During the consideration of the case, the interests of the child and the characteristics of the father’s life must be taken into account. Only if the father has a good moral and mental character can one expect that living and raising a child with the biological father will be beneficial.

The interests of a minor child will be represented by the guardianship and trusteeship authorities until a final court decision is made.

Subtleties of design

To resolve the issue with the child, the couple must appear at the registry office, taking into account the woman’s registration, because it is to this body that documents from the maternity hospital are sent. If, during registration, the common-law spouse did not confirm the fact of paternity, he has the right to confirm it through the court or guardianship authorities. Appeal to the latter is relevant if a woman:

• died
• lost the right to raise a child
• received a prison sentence
• missing

To register a newborn, a couple in a civil marriage goes to the registry office and registers their son or daughter under the surname of either parent. If the man does not come, the organization’s employees make an entry taking into account the information provided by the mother. In this case, the newborn is registered under the woman’s surname, and the patronymic is assigned according to her words.

In this case, the father’s absence at registration must be explained:

• business trip to another region
• service in the Armed Forces (contract, fixed-term)
• hospital stay illness

If a child receives a man's surname, he is given the same rights as that man's other children.

When does a man have rights to a child?

So, the list of paternal rights in a civil marriage is available and clearly stated in legislative acts.
However, in order to be able to use them, you will need to officially establish and record the very fact of parenthood. There are only 2 options for registering a child with a specific man:

1. voluntary recognition by the father of his child and the mutual desire of the parents to record this fact;
2. recognition of paternity through a court hearing.

The procedure for recording the established fact of paternal rights is regulated in accordance with the provisions of the federal legislative provision “On Acts of Civil Status”. It is worth considering both methods in more detail.

Mutual desire of parents to recognize a man as a father

Consent of partners with each other is the easiest and fastest option for recognizing and registering paternity. The simplicity of the method lies in the fact that common-law spouses will not need to take additional actions to recognize the parental rights of a man, since everything happens according to mutual desire. In this case, only the registration of the very fact of the presence of a father and his voluntary consent to recognize the child as his is carried out.

The process consists of visiting the civil registry office and filling out the appropriate application form, indicating the request to register the newborn under the father's last name. Additionally, you will need to present a certificate from the maternity hospital certifying the birth of the baby, and the passports of both spouses.

Download a sample application for establishing paternity (to be completed by the father and mother of the child who are not married to each other at the time of the child’s birth). Form No. 15.

Further, the information is entered into the provided data books, a birth certificate is prepared, passports are marked, and the parents receive the rights of mother and father respectively.

Recognition of paternity through court

This option of granting a man the rights of a parent in relation to a child born in a civil marriage can be initiated by both the mother and the father himself.
For example, in the case where the partner refused to recognize the baby as his child, but the woman demands that he fulfill his own responsibilities as a parent to the fullest extent. Another situation is that the mother of a minor, not wanting to have anything to do with his father, deliberately prevents communication and registration of the fact of paternity. Whereas a man does not mind fulfilling his obligations to his offspring.

In such cases, there is only one method left - resolving the issue through the involvement of the judiciary. And, as practice shows, most often such a tough option is required when partners and part-time parents separate, but a peaceful agreement has not been reached between them.

And here is an interesting point - how paternity is determined. The court takes into account the following factors and arguments:

1. presence or absence of external similarity;
2. time of expected conception of the offspring;
3. blood type;
4. genetic examination;
5. witness statements;
6. all kinds of documentation capable of verifying paternity.

In most cases, recognition of a man as the father of a particular child occurs after a genetic examination. Only this method gives results with 99.9% accuracy.

statement of claim to establish paternity and collect alimony

As soon as the court makes a decision that paternity is confirmed, the man can assume legal responsibilities as a parent and receive full rights. Or the mother can begin to set out demands on the man regarding the fulfillment of his immediate obligations to the child - payment of alimony and other issues.

Ways to confirm paternity

Family ties between parents and child are not always automatically recognized. Sometimes, if the mother and father are in a civil marriage, proof of this fact is required. The woman’s words must be supported by additional documents.

To confirm relationship, the following steps may be required:

• appeal to a judicial authority
• submission of an application by the father to the guardianship structures
• filling out an application when receiving a certificate (to be provided separately by mother and father)

There are no other ways to prove the fact of kinship in civil relationships.

Obtaining documentation

To pick up the certificate at the registry office, parents must appear at the mentioned authority together. When only one representative of a civil couple submits an application, difficulties arise:

• if it is the father, the document will not be accepted
• if this is a woman, she is assigned single status, and in the father’s status a dash is made or the phrase “according to the mother’s words” is written.

In both cases, the newborn does not receive legal status. To register a baby, the couple must come together and take the following steps:

1. Submit an application. The mother identifies the father in him, and the latter confirms his readiness to accept the child.
2. Transfer documents from the maternity ward.
3. Present identification documents with registration marks.

If a woman gave birth at home, instead of documents and the maternity hospital, the testimony of the mother and father about the birth of the child is transferred (documented by a notary).

About the importance of adoption

Persons living in a civil marriage must understand the precariousness of the child’s legal status. The father has no rights to the newborn until official status and adoption are formalized. When a woman registers as a single mother, the baby does not receive the man’s surname and will not be able to register an inheritance in the event of his death.

In other words, the newborn will not have an official grandparent. If one of them wants to leave property after death, they will have to draw up a will and pay an additional fee. To avoid such difficulties, it is important to officially register the marriage or give status to the child. In addition, psychological problems arise associated with the instability of the union.

The term “adoption” in relation to civil marriage is almost never used. Instead, another definition is used - “evidence of relationship”. As noted, this can be done through the registry office, court or guardianship authorities. In this case, the establishment of paternity can be voluntary on the basis of a statement (personal desire) or forced (requirement of the judicial structure).

How to recognize paternity of a mother's common-law husband

There are several ways to recognize a child.

1. If the father has such a desire, he will be recognized almost immediately.
2. If the mother has died, it is enough for the father to present a death certificate.
3. When the mother disappeared untimely, her whereabouts cannot be determined, or she was deprived of parental rights, the man is recognized as the father on the basis of documents confirming these facts.
4. If the common-law wife is against establishing paternity, the father has the right to do this through the court. It is worth rightly noting that the mother has the same right in case of the opposite situation.

Travel abroad

The lack of full status for a child can create problems when a common-law couple leaves the country. According to the laws of the Russian Federation, it is not necessary to obtain the father’s approval if the child travels abroad with his mother. But such papers may be required. When issuing a visa, they will not look at the status of the marriage - whether it is civil or official. To formalize the consent, you must come to a notary and draw up all the papers, taking into account the requirements of the law.

The second option is to draw up a document describing the procedure for raising a child. The paper is drawn up at a notary office indicating the fact that the mother and father approve of the child leaving with either parent. For reliability, you need to indicate the destinations where you plan to travel in the future.

Claiming alimony

The greatest difficulties in a civil marriage are associated with claiming alimony for a joint child. At the request of the RF IC, a minor has the right to count on decent financial support, regardless of the relationship status of his parents. In other words, having a civil marriage is not a reason to refuse obligations.

But here the fact of recognition of paternity by a man is taken into account. To receive payments, you must prove this point in the courts. If the father recognizes the newborn, the papers are submitted to the magistrate's court, taking into account the father's registration. In the absence of such a fact, you must first prove it in a judicial body, and only then demand alimony.

This process is not the easiest and requires a lot of time. A woman has to spend money on a lawyer, and then seek an examination to confirm paternity. The best option is if, upon dissolution of the relationship, the mother and father signed an agreement on the payment of alimony. The document specifies the timing, features of payments and the amount to be paid. Here you can prescribe other ways to support your child, for example, transferring him some kind of housing. Parents can set any amounts, but not lower than the minimum allowable.

What to do if a child was born in a civil marriage?

If the child’s parents live without registering their marriage, you need to understand that the situation can develop differently. In addition, the mother of a newborn must clearly understand how the situation may develop:

• The father recognized the newborn child as his own;
• The dad refused to take any action to recognize paternity, as a result of which he is trying to avoid his obligations towards the child.

In the first case, the father and mother must visit the registry office, taking passports and a certificate from the maternity hospital to confirm the birth of the baby. After this, employees of the territorial registry office will enter the necessary data into the record book. Thus, the mother and father of the newborn acquire parental rights, and therefore responsibility.

In order for a child born out of wedlock to receive his father's surname, an additional application will be required. In addition, only after confirmation of paternity can you count on receiving a child’s birth certificate with the necessary information.

If the father refuses any actions or obligations, the baby will be registered without entering the man’s details. In addition, the birth certificate will not contain any information about the father. After the baby grows up, he will understand the tragedy of the situation and the father’s lack of desire to recognize him.

It is important to understand that the situation affects not only legislative and bureaucratic nuances, but also leads to the moral suffering of the child. In addition, the baby will be infringed on his rights regarding his father’s property and inheritance on his part.

The father has rights to the child after divorce.

Who does a child stay with during a divorce? Read here.

How you can get a divorce if you have a child under 3 years old, read the link:

However, the mother has the right to choose her own middle name. If desired, a woman can enter a middle name that does not correspond to reality. However, changing the surname is not allowed, so the baby can only be registered under the mother's surname.

If the father subsequently wishes to recognize the child, he will need to undergo a special procedure to establish paternity. You need to understand that fulfilling your desire will require more time and effort.

Inheritance issue

As noted, the problem of civil marriage also concerns issues of inheritance of property. According to the law, the primary right to the property of the deceased has the spouse, children and parents. In this case, appearing outside of marriage does not matter. The main thing is that the man recognizes paternity and then the rights of the child born in a civil relationship are not violated in any way.

But even here difficulties are possible. Let's look at an example. The family that has not formalized the marriage has a child and an apartment. After the death of a man, the child inherits living space. In this case, the common-law spouse has no rights to property. In other words, she cannot live with the child. To solve the problem, you will have to go to court and it will not be possible to predict its decision. If there is no record of paternity, this fact will have to be proven.

Civil marriage creates a number of difficulties for the family - parents and child. There are many cases when the presence of a stamp in a passport can protect the interests of each family member during life and after death.

Possibilities for determining paternity

Various degrees are used to determine the relationship between a biological father and a child. It should be noted that the degree of probability varies. So, the following methods are used:

• The presence or absence of similar features in appearance;
• Estimated day of conception;
• Blood type;
• DNA examination.

Many methods are, to one degree or another, closely related to heredity, so the mandatory involvement of geneticists is provided. If the baby has inherited the appearance of his mother, such comparisons will not allow him to correctly establish paternity. However, this method is allowed if the child is the spitting image of his dad.

Similarity in appearance includes features of appearance that could be passed on by heredity.

Blood group analysis will help you understand whether the father can be the biological father or not. However, an accurate determination of paternity is impossible, since the factor of inheritance plays a large part. Genetics know how blood groups are inherited, so this method can also be used. In this case, the method has a fairly significant error.

The time of probable conception allows you to determine the duration of pregnancy with an accuracy of four to five days. If a woman was intimate with a man at a certain time, he may be the biological dad. However, in situations where the mother turned out to be loving and promiscuous, and had connections with several men at the same time, then any of the sexual partners may turn out to be the biological father. Thus, the method may not be accurate enough either.

Only genetic testing of DNA has an accuracy of 99.9 percent. Thus, this option is the most suitable.

Is civil marriage necessary?

In recent years, the number of children born outside of official marriage has been steadily growing in Russia. Many men and women sign their marriage after the birth of their child, but there are also those who ignore their obligations and continue to maintain civil relations. While there are no children in the family, such relationships suit everyone, but with the advent of a newborn, everything changes.

The couple is faced with a bureaucratic “machine” that requires correct registration and the child receiving the father’s surname. In addition, society maintains a negative attitude towards civil marriages, which can later be transferred to the child and his relationships with peers. The result can be psychological trauma and a broken life. Sooner or later, the son or daughter will be told that the mother and father are not official husband and wife. How the baby will perceive this is difficult to predict. It all depends on his age and the nature of relationships in the family.

Some couples deliberately take this step and continue to live in a civil marriage in order to receive benefits from the state. In particular, single mothers have this right. Its size is 3120 or 6200 rubles, depending on whether the mother worked before or not. In addition, there is a one-time payment (17,450 rubles) and a number of other additional benefits that attract parents and force them to commit a small “crime”.

List of father's rights

In officially registered relationships, a man’s obligations as a father are extremely clear, since they are outlined in the law, or more precisely in the Family Code of the Russian Federation.
But in the case of cohabitation, questions invariably arise. In fact, if the family is not on the verge of collapse, then there are no difficulties. Children born in a civil marriage have the same rights and are generally equal to children born in a legal union. Accordingly, the responsibilities of a man as a parent in an unregistered relationship will also be similar.

A father has the following rights in relation to his children:

1. The right to pass on your surname to your offspring.
2. Possibility of unlimited communication with your own children.
3. The right to grant permission to travel outside the home country or to refuse such an event. For example, if a mother intends to take her joint child abroad for permanent residence or vacation, she is obliged to request written consent from the father for such actions.
4. The right to allow or prohibit a mother from changing the surname of a joint child.
5. The opportunity to receive any information from various authorities regarding your own children. For example, educational organizations, medical institutions, and other structures.

Of course, in addition to basic rights, the father has the opportunity and obligation to fulfill his duty to the children on an equal basis with the mother. That is, to promote the comprehensive mental, physical, spiritual development of a minor. Maintain, provide and cover expenses for all the needs of the child until the age of 18. Since we are talking about children, their interests are considered first and placed above everything else. The state and the law are in charge of protecting minors.

If a man and a woman separate, the parent is also obliged to continue to take part in the fate of the offspring. In more detail, the father has the right:

• see and communicate with the child without any time restrictions;
• take part in raising the offspring;
• If a woman leads an inappropriate lifestyle and is mentally unstable, the father has the right through the court to insist on cohabitation with the minor, and also to demand payment of alimony from the negligent mother.

If, after separation, there are any disagreements between the parents regarding the children, they are resolved in court. Moreover, the entire process is carried out under the supervision of the guardianship authorities.