How does the procedure for recognizing paternity outside of marriage take place?

Register paternity by applying to the registry office

To include the father in the child’s certificate, his parents must submit one general application to the registry office.
Such a document contains information about the child’s parents, a request to establish paternity, as well as the full name, which the parents ask to assign to the child after paternity is established. Before submitting the application, the child’s parents are required to pay a state fee (350 rubles).

How to register paternity if you are married to one man and pregnant by another?

This happens in life. If no additional actions are taken, the official spouse of the mother will be entered as the father of the child. The same applies to the case when a woman is divorced and less than 300 days have passed since the divorce.

To ensure that the “wrong father” is not included in the certificate, it is necessary to submit an application to the registry office together with the biological father before the birth of the child, attaching to it a certificate of pregnancy and a notarized refusal of the legal spouse. Then, after the baby is born, there will be no problems filling out the “father” column of the certificate.

If a child was born, and the legal spouse of his mother was included in the certificate, the data in the “father” column can be changed by submitting to the registry office an application from the child’s parents and a notarized refusal of the “father” entered in the certificate.

How to register paternity if the father does not want to recognize his child

In this case, the child’s mother has the right to establish in court the fact of paternity of a particular citizen. In addition to the evidence presented by the plaintiff, the court has the right to independently order a DNA examination in order to reliably establish the relationship of the plaintiff with the child.

This outcome of the case is not entirely beneficial to the defendant, since without undergoing an examination he cannot be 100% sure of his paternity, but he will have to pay child support. Thus, there is no need to avoid examination. It’s better to show up and know the truth.

What does having a father on the certificate give to a child?

A child whose father is included in his certificate has the right to receive financial support from him until the age of 18. A father who does not live with the child is required to pay child support by agreement with his mother or by court decision.

Children inherit the property of their parents in order of priority, unless otherwise specified by the testator in the will. Minor children have the right to count on part of the inheritance, even if there was no mention of them in the will.

Thus, the mother of the child must ensure that the father is indicated on the child's certificate. And if it is impossible to do this voluntarily, go to court to establish justice.

If you need help in court in a paternity case, call or contact us through the form on the website.

Contacting the registry office

The procedure for recognizing paternity outside of marriage through the registry office is allowed if both parents voluntarily agree to fulfill their legal functions regardless of the status of their relationship with each other. To register paternity in this way, two parents must directly contact the civil registry office and submit an application with personal signatures. The procedure is as simple and short as possible. At the time of application, it is important to decide on the child’s last name.

Submission of documents is carried out at the registration authority at the mother’s place of residence. The voluntary procedure involves providing the following complete set of documents:

certificate confirming the birth of the baby;
copies of parents' identification documents (usually valid passports);
a document confirming payment of the state fee;
a form for registering the rights and responsibilities of parents, which is filled out in accordance with the established form;
birth certificate from the maternity ward (if the procedure is carried out in parallel with the registration of the newborn).

Typically, voluntary recognition of paternity outside of marriage is decided during pregnancy or shortly after childbirth. But theoretically, the procedure can be performed even after the child reaches adulthood. From the moment the father is included in the birth certificate, he acquires the total scope of paternal powers. Such voluntary consent can be changed in the future only in one way - by challenging paternity in court. However, the fact of voluntary recognition will be taken into account, and the likelihood of the decision being annulled is low.

The exception is when a man proves that he was deceived about a biological connection with a child. At the same time, establishing that at the time of registration of the record there was a voluntary acknowledgment of paternity outside the barque, and the man knew about the absence of a blood connection, will not work in his favor. In this case, judicial practice is focused on maximizing the protection of the interests of the child.

How is alimony arranged?

Alimony in the absence of a legal marriage may be ordered for payment:

as a result of an agreement between parents on a voluntary basis;
by collection by court order;
through the court (by filing a statement of claim).

Each of these methods will be discussed next.

Voluntary agreement

There may be a situation where the parents maintain a good relationship, despite the fact that they no longer live together, and the child’s father is ready to help financially.

In this case, mom and dad can agree and enter into a child support agreement, in which it is very important to stipulate:

Amount of payments.
In what order will the amount be calculated? This could be a flat sum of money or a percentage of the father's earnings.
Frequency of alimony payments.
In what order will the money be transferred (cash, to a bank account, postal transfer, salary deduction, etc.)

The signed agreement must be notarized by applying to any notary office.

This must be done, since the notary’s certifying signature on the agreement equates this document to a writ of execution, with which you can apply to the bailiffs to collect alimony if the obligated parent suddenly refuses to pay alimony.

Court order

An application for a court order is submitted to the court by the parent who is supporting the minor.

If this is the mother of the child, then she has the right to collect alimony in this way only if:

the child’s father does not deny his blood relationship with the minor, or his name is already entered on the birth certificate in a special column (there is no need to prove paternity);
if there is no dispute between the parents about who the child will live with in the future.

If these conditions exist, an application is submitted to the court at the place of registration of the child’s mother, accompanied by documents, which will be discussed in detail below.

Statement of claim

The statement of claim is submitted to the magistrate at the child’s place of residence.

A claim is a document drawn up by the applicant (parent who wants to collect alimony), in which it is necessary to reflect special circumstances that, when the case is considered by the court, will influence the final amount of alimony collected:

information about the income of the parent who is obliged to pay child support;
information about the parent who is supporting the child at a given time and lives with him;
the fact of incapacity for work of the parent filing the claim (if any); information about the child’s lack of his own home;
mentions of unforeseen events (fire, theft of property, etc.);
a conclusion confirming that the minor needs additional care for any objective reasons.

In addition to the above, the statement of claim must contain standard form attributes.

The name of the court and full name are written in the header of the application. the judge to whom it is sent, as well as the full name, address of residence (registration) and information about the contacts of the plaintiff, defendant, representative of the plaintiff (if the plaintiff seeks his help).
The name of the application is indicated as “a statement of claim for the recovery of alimony for the child (children).”
At the end of the application, a pleading part is written, which states “I ask you to collect from (full name of the parent from whom alimony is being collected) in favor of the plaintiff for the maintenance of (full name of the child) alimony in the amount of (specify share) from all types of earnings and other income monthly, starting from the date of filing the claim until the child reaches 18 years of age.”
Date and signature of the plaintiff (or representative by proxy).

All these circumstances must be proven by relevant documents in copies attached to the statement of claim.

When considering a statement of claim in court, the judge may ask the applicant to present the originals of all attached documents for review and certification of the copies on file.

When filing a claim in court, the plaintiff needs to be prepared for the fact that the defendant (for example, the child’s father) will submit a response to the claim, in which he will present his vision of the situation and attach the supporting documents he has.

And only then, based on all the evidence presented by both parties, the judge will decide on the optimal amount of child support so that the defendant can pay it in proportion to his income.

Who has the right to file an application or claim?

What to do if children were born out of wedlock and there is a dash in the “Paternity” column? Who has the right to claim recognition of paternity?

According to Article 48 of the Family Code, the following persons can apply for recognition of paternity:

legal representatives/parents of the child, if they jointly wish, on a voluntary basis;
biological mother or father;
the adult child himself;
guardianship authority.

You can challenge the fact of paternity at any stage of a child’s life. Depending on who wants to establish this fact, the further actions of the interested party will depend.

Voluntary confession

The most accessible way to recognize paternity is the mutual consent of the parents, which allows you to make an entry in the “Paternity” column on the birth certificate without unnecessary paperwork. Such an application can be submitted to the civil registration authority at the place of registration of one of the parents, but it is better to file it in the authority that issued the birth certificate of an illegitimate child.

Establishing paternity in the general manner at the birth of an illegitimate child is regulated in the article, and in other cases, of the Insurance Code, as well as Chapter VI of Federal Law-143 “On acts of civil...”. In order for the case and application to be considered, the parties need to collect an additional package of documents and pay a state fee of 350 rubles. (Internal Revenue Code Section 333.26).

identification documents of the applicants or one of the applicants;
a statement signed by both parties or one of them;
a document confirming payment of the state fee;
a certificate confirming the woman’s pregnancy or a birth certificate if the child has already been born;
when the child reaches the age of majority, his official consent is provided;
notarized consent of one of the parties, if she is not against it, but cannot be personally present when establishing paternity;
consent of the guardian/trustee (if available);
a document confirming that the mother does not have the right to vote (deprivation of parental rights, recognition of incapacity, etc.).

Each case is considered on an individual basis, so the package of documents attached to the application may vary.

You may be interested in: how to leave a child with his father during a divorce.

Through the courts

Paternity of a child born out of wedlock can also be recognized through the court. If the father or mother is against establishing the fact of paternity, the parties can also file a claim in court.

The entire procedure for registering the establishment of paternity by decision of a judicial authority is regulated by Article 54 of the Federal Law-143 “On Acts ...”.

In accordance with this article, legal proceedings are initiated when the following circumstances arise:

one of the parties is against the accomplishment of this fact, regardless of who the plaintiff is;
the mother has entered into a new legal marriage, and the biological father wants to take responsibility for the maintenance and upbringing of the minor;
the official father challenging the fact of biological paternity.

In addition to the claims (claim), the plaintiff must attach the following documents:

identification;
birth certificate;
document confirming payment of the duty.

The main circumstance for a judicial authority to make a positive decision in establishing paternity is a solid evidence base, namely:

conducting genetic testing with a minor;
blood type match;
witness statements, etc.

The more compelling the evidence, the greater the chance of recognition of biological paternity.

Important! If the father or mother is against the DNA test or the father denies in every possible way a relationship with the minor, then the judicial authority may regard this as a fact of recognition of paternity (Article 79 of the Code of Civil Procedure).

After five days, the court schedules the first hearing in the case, where it hears the evidence, objections of the parties, requests to postpone the hearing, etc. If there is no compromise between the parties or there is insufficient evidence, the judicial authority may order a control DNA test. If a positive decision is made, the parties with the received court order are required to visit the registry office, where they will re-register the child’s documents.

Who can initiate the establishment of paternity outside of marriage?

There is nothing supernatural in the fact that a child was born without the parents formalizing an official relationship. It is not uncommon for a situation where there is a dash in the corresponding column in which the father’s data should be indicated. Some women do not enter the man’s details into it in order to receive preferences from the state, and mothers raising children on their own receive financial assistance. The child remains officially without a father for other reasons, but often justice is restored, and the initiators of recognition of paternity can be:

Women applying for financial assistance from the biological father of their child. This happens especially often if a man does not confirm his involvement in the birth of a child, and in this case, testimony of witnesses and a DNA examination, which the mother may insist upon when applying to the courts, can help.
Men in the event of the death of the child’s mother, a woman being declared incompetent, in the event of her deprivation of parental rights or being in prison. In this case, the child is guaranteed to stay with his relatives and not go to an orphanage.
At the joint voluntary request of the father and mother. This is an ideal way out of this controversial situation, and if there is a mutual desire, a man and a woman just need to contact the registry office. They will be given a new birth certificate with all the fields filled in.
The child himself, but after he reaches adulthood. He can do this at any age, since there is no statute of limitations for establishing paternity, according to the provisions of the Family Code of the Russian Federation.

Lawyers often have to deal with the problem when paternity is established after the death of a man. At the beginning of the article, we already mentioned that such methods are resorted to by women who claim part of the deceased’s inheritance. They can prove their case in court if they confirm the fact of cohabitation during the period of conception of the child. Witness testimony and a DNA test will come to their aid, and the procedure for recognizing paternity after the death of a man is allowed, in accordance with Article 50 of the code regulating family relations.

Procedure for challenging paternity

Let us remind you that paternity can only be challenged in court, even with the consent of both parties. Disputes about challenging paternity are considered by the court in the manner of claim proceedings. The procedure for challenging paternity is regulated by Article 52 of the Family Code of the Russian Federation.

When challenging paternity, you should be aware of the following aspects:

If a man, at the time of voluntary establishment of paternity, knew that he was not in fact the biological father of this child, his claim to challenge paternity would be denied (clause 2 of Article 52 of the Family Code of the Russian Federation).
If a man recognized his paternity under the influence of threats, violence, or in a state where he was unable to understand the meaning of his actions and manage them, he can challenge the record of his paternity precisely on the grounds of violation of will (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”). The given list of grounds for challenging the record of paternity is not closed, therefore we believe that recognition of paternity under the influence of deception can also be regarded as an action committed in the absence of the will of the person.
If conception occurred through artificial insemination or embryo implantation, as well as during the birth of a child by a surrogate mother, the law prohibits spouses, as well as the surrogate mother who has given consent to the relevant procedures, from referring to these circumstances as a basis for their claims when challenging paternity.
In a claim to challenge paternity, the plaintiff can also make a demand to change the child’s personal data, i.e. assigning him the surname and patronymic of the biological father (for example, the biological father demands that the child be given his surname and patronymic after his own name). New data in the registration information about the child is entered by the civil registry office on the basis of a court decision. In the absence of the actual father, the child’s new surname and patronymic can be recorded by the registry office from the words of the mother.
If at the time of consideration of the case on challenging paternity, the child in respect of whom paternity is being disputed has reached 10 years of age, he has the right to express his opinion and must be heard by the court during the trial, taking into account his opinion is mandatory, as provided for in Article 57 of the Family Code of the Russian Federation . The need for courts to comply with this rule was indicated by the Plenum of the Supreme Court of the Russian Federation in its Resolution No. 9 of October 25, 1996.

How to prove paternity outside of marriage if the father is against it

Today science makes it possible to determine the probability of relationship at the genetic level. The experiments carried out have an accuracy level of up to 99.5%. But experts as a result indicate the following:

the possibility of paternity cannot be excluded;
the likelihood of paternity is practically non-existent.

There are three ways to prove kinship:

through the court;
by conducting DNA research;
thanks to material evidence of involvement in the birth and upbringing of the baby in a pre-trial manner.

All of these methods are worth considering.

Going to court

This measure is used if the biological father does not recognize his child. The judge decides to conduct a DNA examination in one of the accredited clinics. There are several circumstances that make it impossible to establish a relationship, despite a positive genetic test:

the father was declared incompetent;
the child has already been adopted;
being in prison for committing serious crimes.

There is no need to contact the judicial authorities if the couple was in a civil marriage at the time of conception and birth of the baby, as well as if the birth took place within 300 days after the divorce or death of the spouse. He is automatically recognized as the father.

Most often, it is necessary to establish kinship in the event of the death of the mother or her recognition as incompetent, as well as in the case of a man’s obvious refusal to accept his child.

Procedure for going to court

This procedure must be strictly followed so that there are no grounds for refusing to consider the claim:

filing a claim (it is best to contact a practicing lawyer who can implement this competently, in accordance with current requirements);
provide a complete package of documents: a certificate of family composition, a child’s birth certificate, a receipt for payment of state fees, possible evidence of paternity and a copy of the claim to send to the defendant.

The application is considered within 5 days, after which a hearing date is set.

DNA examination and its cost

This research is carried out voluntarily or compulsorily. Almost anything can be used as a biological material.

However, experts recommend using saliva, sperm or blood.

If it is impossible to obtain this material, it is possible to take hair, skin remains and much more for analysis.

Material evidence of involvement in the birth and upbringing of a child

Material evidence can serve as a powerful argument for recognizing paternity in court or pre-trial proceedings. Their presence often forces a man to resolve the issue out of court, since defeat in court entails additional costs.

Material evidence may include:

an account statement showing that the potential father spent money on children's clothing;
witness's testimonies;
checks and receipts confirming payment for various goods and services for the child.

All this can serve as arguments in favor of the fact that the potential father takes part in the lives of the children, despite his reluctance to acknowledge them.

Recognition of paternity outside of marriage through court

The Family Code clearly states the following point: if a child is born to a couple who is not in a marital relationship, then his paternity is established through an appeal to the courts.

The basis for such proceedings may be the application of one of the parents/guardian or dependent person. When establishing paternity, the court can rely on a wide variety of evidence and facts that it has to confirm the existence of paternity:

conducting an examination (provided that all participants in the case under consideration agree to this);
if a participant in the process deviates from conducting an examination, and also does not want to provide the necessary documents and materials that may affect the course of the case under consideration, then the court may interpret his actions as a fact of recognition of paternity, depending on the specific behavior and its reasons;
a claim for recognition of paternity may be accompanied by a statement for the collection of alimony, which further complicates the course of the case under consideration (it is worth knowing that alimony can be collected only from the moment when the fact of paternity was established, which means that if it was established in 2021, then it will not be possible to collect alimony before this date).

In a situation where you are trying to establish paternity through the court, you will need lawyers or other specialists in the field of family law who can tell you all the intricacies of this process. Believe me, it is almost impossible to understand such a topic on your own, so trust a professional.

Of course, this kind of court cases require a certain patience and endurance, and most often their consideration is accompanied by impartial behavior of plaintiffs and defendants.

Statement of claim for recognition of paternity outside of marriage

Any case to recognize paternity through the court will not be opened without filing a corresponding statement of claim. At the same time, an application alone is not enough and, perhaps, you will benefit from lawyers who will help you draw up the necessary package of documents. It includes:

a certificate issued at the place of residence of the plaintiff;
a copy of the birth certificate of the child in respect of whom the case is being considered;
a copy of the passport of the plaintiff submitting the application.

In total, 3 packages of documents must be provided: mother, father and child, on the basis of which the case will be considered and built, which is why you need lawyers, especially if you do not want to communicate with the child’s father. As for the original documents, they are brought directly to the court along with the evidence.

Evidence may include joint photographs of the father and mother of the child, their correspondence or other evidence; in some cases, testimony of third parties may be suitable.

It is worth noting that the procedure for recognizing paternity outside of marriage is a rather complex and time-consuming process. Therefore, do not try to do this alone and contact highly qualified specialists in a timely manner. After all, as practice shows, even filing a claim to establish paternity without the help of a professional is not an easy task.

How to recognize involvement in the origin of a child born out of wedlock?

Registration of paternity is carried out by the Civil Registry Office after submitting an application and all required documentation. In this case, there must be a joint decision of the father, mother and, if necessary, the child. In order for the procedure to go smoothly, you need to know how to write a petition correctly and what to attach to it.

The certificate is issued at the civil registry office: at the place where the child’s birth certificate was issued, at the place of registration of one of the parents, or at the location of the court that recognized paternity.

Sample application

There are two forms of application to the registry office, which are approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274. Form No. 12 is filled out by a couple whose marriage is not registered, and form No. 13 is intended for a man whose wife has died.

In both cases, the document has the same structure. In it, the citizen must declare in writing that he recognizes himself as the father of the child (indicating his full name, date and place of birth, gender)

It is also important to write that the woman (mother) recognizes the applicant as such

At the end of the text the following is written:

personal information of both parents based on identity documents;
child’s preferred data: last name, first name, patronymic and nationality;
list of attached documents;
date of preparation and signature of the applicant.

You can submit documents to the mother and father together, separately or by mail (in which case the application and consent must be notarized).

After receiving the package of documents, the government agency is obliged to accept it (if the applicants did not make mistakes) and within 1 month make the appropriate registration entry in the birth register. The procedure is completed by changing the child’s data in his birth certificate or issuing a new document (at the joint request of the mother and father).

A sample application to establish paternity at the registry office can be downloaded here.

What documents are needed for registration?

To confirm the necessary circumstances of the case, in addition to the application, the registry office requires:

passports of men and women;
the child’s birth certificate (if it was issued before filing the application);
a certificate from the maternity hospital confirming the birth of the baby (at the time of initial registration);
a check in the established amount of state duty;
consent of an adult son or daughter, if paternity has not been established before the application.

The sole submission of an application by a man must additionally be accompanied by a correctly executed permission from the guardianship authority and a positive judicial act. The package of documents should absolutely not contain a power of attorney to represent interests, since the applicant is obliged to personally fill out a petition to establish his parental rights and submit papers to the registry office.

Otherwise, the government agency will refuse to accept the application. Even a notarized power of attorney has no legal force in this situation.

Expert opinion Maria Lokshina Family law expert since 2010

The mother’s personal presence is not necessary; it is enough to obtain her written consent to register paternity, certified by a notary.

Amount and methods of payment of state duty

A receipt confirming payment of the state fee is an integral document attached to the application for paternity.

As part of this procedure, you must pay for a form of the child’s birth certificate and making an entry in the registration book.

The amount of the duty is determined by Article 333.26 of the Tax Code of the Russian Federation, and details for its payment can be found on the website of the Federal Tax Service.

For establishing paternity without issuing a new certificate, it will be 350 rubles, since changes will be made to the existing document. If parents wish to receive a new form, they will have to pay 650 rubles to the state treasury.

Obtaining a child's birth certificate

When paternity is established by application from both parents at once, together with the registration of the child’s birth, the certificate is usually issued by the registry office on the day of the application.

When sending an application during a woman's pregnancy, a new application from the man will not be required. A record of the child’s parents is made within a month after the birth, when it is registered.

In this case, the birth certificate is issued free of charge, that is, there is no need to pay a state fee. If the child in respect of whom the relationship of a man is established has reached the age of majority, he independently receives a new certificate. It should be recalled that recognition of paternity in this case is possible with the written consent of the child.

Determination of paternity in court

The child's father has rights and obligations towards the minor, which are regulated by the Family Code.
But the family connection must not only be proven, but also recorded by representatives of the registry office.

Recognition of paternity outside of marriage has its own characteristics.

Paternity can also be established in relation to a deceased person who did not have time to document everything. In some cases, DNA testing may be necessary.

If a woman is not married, then the child is given her last name, and the patronymic is written down from her words.

To do this, you must submit an application to the civil registry office, which includes the following information:

information about both parents (full name, residential address, passport details);
information about the child;
number and series of the marriage registration certificate, if it was concluded after the birth of the baby.

A receipt for payment of the state fee must be attached to the application. Its size is 350 rubles.

You can contact the registry office at any time, from the birth of the baby until he reaches adulthood.

The procedure can be carried out after 18 years of age, which requires the consent of the child. If he is incapacitated, then the guardian’s permission to initiate the procedure is required.

The application must be submitted in person. It is allowed to send documents by valuable letter via mail. If the parents cannot be present together when drawing up the documents, then one of them can independently fill out the application, have it certified by a notary and send it or hand it over with a proxy.

If disputes arise between parents, paternity is recognized by the court. The following have the right to write a petition:

mother or father;
guardians;
prosecutor;
representatives of the Department of Family and Child Affairs;
the child himself after reaching adulthood.

The most common reasons for going to court are:

assignment of alimony payments;
receiving an inheritance;
protection of interests in case of incapacity of an adult or child.

The other party will be notified of the date and time of the court hearing, where it will be necessary to attend.

The application is accompanied by evidence on the basis of which the court can conclude that there are family ties. The strongest evidence is considered to be the study of genetic material.

However, according to the law, a man cannot be forced to undergo a DNA examination. But if the alleged father evades the test, then the court will have every reason to establish family ties between him and the child.

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:

Petition to attract witnesses.
That you require a DNA test.
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.

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.

We would like to note that in accordance with Article 47 of the Family Code of the Russian Federation, within 300 days after the divorce or death of a spouse, the spouse (former spouse) is recognized as the father.

Today, it is possible to prove the status of a parent, both voluntarily and forcibly.

Compulsory evidence is carried out as a result of legal proceedings. As for situations related to proof of parental ties, these include:

Pregnancy of a woman who is married, from another man, and not from her spouse.

Proving parental status is very difficult here. According to the law, the child’s father is considered to be the legal husband. To resolve this issue, the spouses must divorce.

But, even at the same time, after the divorce, the ex-husband is formally the baby’s dad for some time.

It is possible to prove a parental relationship even when the baby was born in an unofficial marriage.

Step-by-step instruction

You can recognize yourself as a dad of your own free will before the birth of the baby and after its birth, and you can exercise this right in different ways.

Where to contact

Married people go to the registry office, take with them a marriage certificate, their passports, paper from the maternity hospital and register the child. But now we are not talking about them.

The situation is somewhat different if the marriage is civil. Living with a woman and waiting for the baby to appear, the fastest way to recognize paternity will be to contact the registry office with a joint statement from the father and mother (Article 48 of the RF IC).

If the mother or father for some reason cannot be present in person at the registry office (due to illness, departure to another country, military service, due to official needs or other important reasons), then two applications can be submitted, from the father and from mother. Then the signature of the absent ancestor will need to be certified by a notary.

A father who voluntarily recognizes a child has the right to give his patronymic and even surname. Appearing at the registry office soon after receiving information that he is already a father, the man must keep in mind that his data will be entered in the child’s documents and in the registry office papers. Thus, the birth of the baby will be registered in one day and paternity will be confirmed.

There is an option, of course, to recognize yourself as a daddy through the registry office later, almost at any time, even if the boy has grown up and become an adult (reached 18 years old). Then the grown child’s documents and records will have to be canceled (the records were made according to the mother’s words or there was a dash in the “father” line) and replaced with others.

What documents will be required?

To come to the registry office to officially declare yourself a pope, you need to have the following papers:

application (one general or from each parent separately);
a certificate from the maternity hospital stating that the baby was born alive;
passports of both parents.

If the baby is already registered and has his own documents, then you still need to take them.

Civil registry office employees will not require a marriage certificate either when registering a newborn, or when entering the details of a parent who has agreed to officially be called the father.

In this case, it does not matter at all whether any of the ancestors - father or mother - are in a new marriage

How to make an application correctly?

Mom and dad have the right to address their general application to any branch of the registry office: at their place of residence, or at their place of registration (if they are different).

In the upper right corner you need to indicate: To the registry office of such and such a district of such and such a city. Below you should write who this document is from - the full name of the father, the full name of the mother.

You need to name your document like this: “Statement on establishing paternity (based on a joint statement of the parents)”, place this name in the center. Next you should write: I, full name, recognize myself as the father of a child (full name) born on (date of birth) to a citizen (full name of the baby’s mother).

Further on a new line: I, full name, mother of the child (full full name), confirm that the citizen (full full name of the father) is the father of the child.

Next, you need to indicate that the parents are asking to register the establishment of paternity, indicating the patronymic name of the father (specify), assigning a surname (specify), and at the same time asking to enter information about the father in the child’s birth certificate, and to issue a new birth certificate for the child.

Next, you should provide information about the father - where and when he was born, his nationality and other data. Below you need to write that the child’s birth certificate (previously issued) is attached. See establishing the fact of birth.

At the end they put a date and be sure to sign the parents.

There is a form for such an official paper; you can take it from the registry office employee on the eve of the visit. Both typed and handwritten versions are accepted.

If another person who is not the biological father is registered as the father, then coming and demanding to enter the data on the grounds that you are the real father will not work just like that, without a trial - you will have to file a claim with the judicial authorities (clause 1, 2 Article 51 RF IC).

Only after the end of the process, during which all the circumstances and the amount of evidence are considered, can paternity be established by a court decision, entailing the cancellation of previous records and the entry of new data into the documents.

Do I need to pay state fees?

Yes, when applying, you must have receipts or checks for payment of state fees. Since this legal procedure essentially includes several actions, you need to pay separately:

for the state registration of recognition of paternity – 350 rubles;
for making changes to records – 650 rubles.

The cost of these fees includes obtaining new papers for the child, as well as certificates of paternity, and upon request they must be issued separately to both father and mother.

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:

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

Pay the fee

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

Registration at the Civil Registry Office

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.

Grounds for recognition

The ability to recognize oneself as a pope does not mean that anyone has the right to claim the title of father - no, there must be grounds for this. The reasons can be very different:

official marriage;
living together in the same living space, even for a short time;
the presence of letters, notes, photographs, videos, SMS messages confirming the close relationship between the child’s mother and father;
testimony of witnesses who can confirm that people behaved like family, etc.

At the same time, it is important not only to confirm the fact of an attentive and tender relationship between a man and a woman, but also the father’s intentions to raise a future or already born baby, recognizing him as his own.