How is paternity established (recognized) in court? The procedure for out-of-court establishment of the fact of paternity Why do you need a certificate of establishment of paternity.

The main reason for establishing paternity is to respect the rights of the child. The Family Code of the Russian Federation establishes that every child has the right to know his parents and communicate with them, has the right to be cared for, to protect his rights and legitimate interests (Articles 54-56 of the Family Code of the Russian Federation). The child has the right to a name, patronymic and surname (article 58 of the RF IC), to receive maintenance from their parents (article 60 of the RF IC). It is obvious that without establishing or recognizing paternity, the exercise of all the listed rights in full is impossible.

The fact of establishing paternity means a statement of the man's obligations to maintain the child and the possibility of applying legal coercive measures to the father in case of evasion of maintenance. In addition, the establishment of paternity is followed by the emergence of various rights for the child after the death of the father, in particular the right to a pension and to compensation in connection with the loss of a breadwinner, the right to inheritance.

Ways to establish paternity

In accordance with the Federal Law "On Acts of Civil Status", the grounds for state registration of establishing paternity of a child born out of wedlock may be:

joint statement of parents;
separate parental statements;
father's statement (in some cases);
a court decision to establish paternity;
a court decision to establish the fact of recognition of paternity.

Voluntary establishment of paternity

If the father recognizes his child born out of wedlock, is ready to support and educate him, then paternity can be established voluntarily. Registration of voluntary establishment of paternity takes place upon an application submitted to the registry office. In accordance with article 48 of the RF IC, the paternity of an unmarried person is established by filing a joint application by both parents. However, in the event of the death of the mother, her incapacity, deprivation of parental rights or the inability to establish her whereabouts, the father submits an application alone, but with the consent of the guardianship and guardianship authority. In the absence of consent, the voluntary establishment of paternity is possible by a court decision.

Establishment of paternity in court

In accordance with Article 49 of the RF IC, establishment of paternity through a court is made in the absence of a joint statement by the unmarried parents, or a statement by the father in some cases. Thus, the court establishes paternity when one of the parents does not want to recognize paternity. A claim for establishing paternity can be filed by the mother, father, guardian, the person whose child is dependent, or the child himself after reaching the age of majority.

The procedure for voluntary establishment of paternity in the registry office

According to Article 50 of the Law "On Acts of Civil Status", a joint application by unmarried parents at the time of the birth of a child to establish paternity is submitted to the registry office in writing at the place of residence of one of the parents. The application can be submitted at the time of registration of birth, or after it. In some cases, it is allowed to apply during pregnancy.

The application must necessarily confirm the recognition of paternity by the father and the consent of the mother, and the following information is also indicated:

about parents: surnames, first names and patronymics, dates and places of birth, place of residence, citizenship, nationality (optional), details of identity documents, details of the record of the marriage certificate (if it was concluded after the birth of the child)
about the child: surname, first name, patronymic, gender, date of birth and place, details of the birth certificate (when submitting an application for establishing paternity after registering the birth of a child), last name, first name and patronymic after establishing paternity.

The joint application of unmarried parents for establishing paternity is submitted to the registry office in the prescribed form. Below is an example of filling it out.

Form 12

Application accepted

of the year

Record of the act of establishing paternity No.

registration number

from "

of the year

signature of the official who accepted the application

To the registry office

administration of the Kalininsky district of the Omsk region

from

Semyon Semyonovich Petrov

surname, name, patronymic of the father

Pavlova Angelina Ivanovna

surname, name, patronymic of the mother

PERSONALITY STATEMENT

(a joint statement by the father and mother of the child who are not married to each other at the time of the child's birth)

Petrov Semyon Semyonovich

surname, name, patronymic of the father

i recognize myself as the father of the child male/ female (underline as appropriate) gender

Ruslan Semyonovich Pavlova

born "

december

2012

of the year

from. Krepkoe of the Kalininsky district of the Omsk region

place of birth

Pavlova Angelina Ivanovna

surname, name, patronymic of the child's mother

mother of the child

Ruslan Semyonovich Pavlova

surname, name, patronymic of the child

confirm that

Petrov Semyon Semyonovich

surname, name, patronymic of the father

is his father, and I agree to establish paternity.

We provide the following information about ourselves:

father

mother

Surname,

Petrov

Pavlova

name,

Semyon

Angelina

patronymic

Semyonovich

Ivanovna

Date of Birth

august

1984

martha

1990

Place of Birth

kalininsk city

Omsk region

Omsk region

Citizenship

russian citizen

Nationality

(the column is filled in at the request of the applicant)

A place

residence

kalininsk city

from. Strong,

Omsk region

Kalininsky district,

Russian Federation,

Omsk region,

st. Severnaya, house 19

Russian Federation

Document,

certifying

personality

the passport

title of the document

series

12 34

123456

series

56 78

123456

GOVD Kalininsk

ROVD Kalinisky district

Omsk region

name of the issuing authority

december

2009

july

2005

Requisites of the marriage act record(the column is filled in if the mother of the child marries his father after the birth of the child)

marriage deed

from "

of the year

name of the registry office

We ask you to make state registration of establishment of paternity, indicating to the child:

surnames

Petrov

name

Ruslan

middle names

Semyonovich

and entering the above information about the father.

Place of state registration of the birth of a child

department of Civil Registry Office

Kalininsky district of the Orenburg region

name of the registry office

Date of state registration "

january

2013

city, a / s No.

father's signature

mother's signature

january

2013

of the year

surname, name, patronymic of a person who has reached the age of majority

born "

of the year , I agree to establish paternity. *

of the year

signature

* To be completed if the state registration of establishing paternity is made in relation to a person who has reached the age of majority by the day of filing an application for establishing paternity.

Together with a joint application for establishing paternity after the birth of the child, his birth certificate is submitted, before the birth of the child - a certificate of the mother's pregnancy from a medical organization.

When establishing paternity upon the application of the child's father who was not married to the mother's mother, it confirms the acknowledgment of paternity and the existence of circumstances (listed in Article 51 of the Law on Civil Status Acts) for which a joint application cannot be submitted. Information about the mother is not provided, but information about the document confirming her death, incapacity, deprivation of parental rights or the inability to establish the place of stay is indicated.

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It is certainly possible to establish paternity in relation to a child born out of wedlock, but is it always so necessary?

The procedure for "Establishing paternity" is aimed primarily at protecting the rights and interests of the child, because recently, statistics show an increase in the birth rate of children out of wedlock, and secondly, at the emergence of the rights and obligations of parents.

Establishment of paternity can be voluntary or judicially.

Establishing paternity on a voluntary basis.

Establishment of paternity on a voluntary basis is established by submitting a joint application of the father and mother to the registry office when registering the birth of a child. This application can be submitted during pregnancy if there is reason to believe that it may not be possible or difficult to submit a joint paternity application after the birth of the child. In the presence of such an application, the state registration of establishing paternity is carried out simultaneously with the state registration of the child's birth and a new application is not required if, prior to the state registration of the child's birth, the previously submitted application was not withdrawn by the father or mother (Part 3, Article 50 of the Federal Law of November 15, 1997) . № 143-ФЗ "On acts of civil status").

This procedure is undergone by persons who are not legally married.

Both parents fill out and sign the application with their own hand, i.e. in order to receive a birth certificate of a child with a filled-in column "father" they will need to appear at the registry office together. However, the above law allows one of the parents to fail to appear, this parent draws up this with a separate application for establishing paternity, while the signature of a person who is unable to be present at the filing of such an application must be notarized (clause 5 of article 50 of the Federal Law "On acts of civil status" ). Also, a joint application for establishing paternity can be sent to the registry office in the form of an electronic document, signed by a simple electronic signature of each applicant (clause 1.1 of article 50 of this law), then the registry office appoints the date of admission.

After filing a joint application, parents receive two documents - "Certificate of Paternity" and "Birth Certificate". This is how the voluntary establishment of paternity takes place.

But how is the procedure for establishing paternity in court?

Establishment of paternity in court.

Very often they turn to us to provide legal assistance in establishing paternity. Therefore, I will try to tell you in detail about the procedure for judicial establishment of paternity.

This procedure is governed by Art. 49 of the Family Code of the Russian Federation.

If it was not possible to establish paternity on a voluntary basis, then paternity in respect of the child is established through the court, by filing a statement of claim.

The application can be submitted by:

one of the parents;
child's guardian;

The application for establishing paternity is submitted to a court of general jurisdiction. Then the court fixes the time and place of the hearing.

In order for the court to establish paternity, it is necessary to provide maximum evidence indicating the fact of paternity of a particular person. As stated in Art. 49 of the RF IC "the court takes into account any evidence that reliably confirms the origin of the child from a specific person."

It can be:

testimony (friends, relatives, neighbors, etc.);
documents from the antenatal clinic (if they indicated the person in relation to whom paternity was established as the father);
joint photos and videos;
DNA expertise.

paternity test

The latter should be discussed in more detail. Any of the parties to the trial, as well as the court itself, can submit a petition for a DNA examination. In this case, the court makes a ruling on the appointment of an examination. The appointment of an examination is governed by Art. 79 of the Civil Procedure Code of the Russian Federation.

But even here there are pitfalls, namely, the court cannot compel or oblige to undergo an examination, the person in relation to whom the question of paternity is. A person who needs to undergo an examination may simply refuse to pass it. However, clause 3 of Article 79 of the Code of Civil Procedure of the Russian Federation stipulates: “If a party refuses to participate in the examination, fails to provide experts with the necessary materials and documents for research, and in other cases, if due to the circumstances of the case and without the participation of this party, it is impossible to conduct an examination, the court, depending on which party evades the examination, as well as what it matters to it, has the right to recognize the fact, for the clarification of which the examination was appointed, established or refuted ", so in most cases, refusal to undergo the examination will only contribute to the court's decision on the establishment of paternity in relation to a person for whom there was a question of paternity.

After the court decision enters into legal force, you must go through the state registration of establishing paternity. The rules for state registration of establishing paternity by court decision are regulated by Art. 54 FZ of November 15, 1997 No. 143-FZ "On acts of civil status".

To do this, you must submit an application to the registry office.

The application can be given by:

mother or father of the child;
child's guardian;
dependent person who is the child;
the child himself upon reaching the age of majority.

The application can be in writing or orally, as well as sent electronically through a single portal of State Services. If submitted electronically, such an application is signed by the applicant's simple electronic signature.

Simultaneously with the application for state registration of the establishment of paternity, a court decision is submitted on the establishment of paternity or on the establishment of the fact of recognition of paternity.

If an application for state registration of establishment of paternity is sent in the form of an electronic document, the court decision is submitted by the applicant with a personal appeal to the civil registry office at the time appointed for state registration of establishment of paternity.

Also, this article provides for the filing of such an application through an authorized person (representative).

Pros and cons of establishing paternity.

Well, here we come to the most important, in my opinion, pitfall. Often, mothers who are suing for paternity establishments do not consider the full implications of this establishment. In most cases, they apply to the court to establish paternity, in order to subsequently file for the recovery of alimony from these "grief" fathers.

However, I consider it my right to talk about the pros and cons of this procedure.

Pros of establishing paternity

collection of alimony;
the child will have a father (at least in the column "father");
the child will have equal rights with the children of the same father;
the emergence of property rights (inheritance).

Cons of establishing paternity

alimony may be less than the single mother's allowance;
he acquires the same parental rights that you have;
the emergence of property rights (inheritance);
the amounts owed to the child are at the disposal of the parents, i.e. now he will be able to participate in solving this issue;
has the right (and also this and the obligation) to participate in the upbringing of the child, the choice of education, etc. on a par with you;
exporting a child abroad without the permission of the second parent is not possible;
having become a parent, he can apply to determine the child's place of residence (i.e. to live together with him).

To avoid negative consequences, you can draw up an "Agreement on the procedure for the exercise of parental rights by a parent living separately from the child." Such an agreement does not require notarization, a written form signed by both parties is sufficient.

Therefore, I advise you to think carefully before you decide to apply for the establishment of paternity, since the establishment of paternity can affect not only the child, but also yourself.

Establishing paternity on a voluntary basis is the fact that a man recognizes his paternity in relation to a child and the mother's consent to this action. How and where it is possible to establish paternity on a voluntary basis, you will learn from our article.

Establishing paternity in the registry office

Voluntary establishment of paternity means a legal action that gives rise to the emergence of mutual rights and obligations between the father and the child.

For the implementation of voluntary recognition of paternity, the child's father must be legally capable. If the court has declared a citizen incapacitated as a result of a mental disorder, the citizen is not able to answer for his actions. Since the recognition of paternity is a voluntary volitional act, accordingly, in this case, it is not possible to commit it.

But if we are talking about the fact that the legal capacity of a citizen is partially limited by the court, then this, as a rule, concerns the sphere of his property rights, without affecting family legal relations. In this case, the citizen has the right to voluntarily acknowledge his paternity.

If legal capacity is absent due to age (under 16 years of age), then the guardians can raise the child together with the parents.

Establishment of paternity in the registry office is carried out:

parents of the child;
when the mother applies (the "rule of 300 days");
when the father and mother of the child who are not in a registered marriage and family relationship apply;
the father of the child on a sole basis in the cases provided for by law.

350 rubles - the amount of the state fee for the fact of registration of paternity. No other payments are required.

You can apply for registration of paternity in the registry office, which is located in the territory of residence of the mother / father or in the one where the child received the birth certificate.

After the birth of the child, taking with them a certificate of his birth, a marriage document, passports and a receipt for payment of the state duty, the newly made parents go to the registry office and, having submitted a joint application, register the fact of the birth of the baby. In this case, the rule on the presumption of paternity of a citizen who is in a registered marriage with the mother of the child applies.

Various situations can occur in life. The baby's parents have the right to divorce before the baby is born, or his father dies as a result of a serious illness or accident (see: What is the procedure for posthumous establishment of paternity?)... How then should a mother be?

The Family and Civil Codes of the Russian Federation provide for the so-called “Rule of 300 days”. It is as follows: if the baby is born within 300 days after the divorce or death of the mother's spouse, the latter is recognized as the father of the child.

Don't know your rights?

Establishment of paternity on a voluntary basis by unmarried parents

Parents who have not formalized their relationship are also eligible to apply for paternity. This procedure is considered voluntary.

Moreover, the legislator provides for all options for the development of events, namely:

the application can be submitted before the birth of the baby is registered;
after registration;
during the mother's pregnancy, if the parties have reason to believe that this will not be possible later.

If, for some reason, one of the parents cannot be present at the filing of the application, the legislator has provided for the option of filing it by the other parent alone. But the signature of a citizen who cannot be present must be certified by a notary or in another way that equates to a notarial one (for example, the signature of the head of a correctional institution, etc.).

Voluntary establishment of paternity unilaterally

The legislator has provided for several situations that allow the father of a child who was not in a registered marriage with his mother to apply for paternity alone, but with the obligatory permission of the guardianship authorities:

death of the mother;
deprivation of her parental rights;
if the woman's place of residence is unknown;
in the absence of her legal capacity.

However, together with the application, the father's passport, the child's birth certificate (if any) and the receipt for payment of the state duty, the father must submit to the registry office documents that confirm one of the above facts.

It should be noted once again that the permission of the guardianship authority is mandatory in this case. If for some reason it is not given, then the fact of paternity will be established already in court.

The legislator provides for the case when the registry office employees have the right to refuse the applicant to issue a certificate of paternity.

The birth book contains information about the baby's dad. Moreover, this information has been confirmed. For example, a statement by the father or a court decision. In this case, it is possible to replace one pope with another only through the courts.

Voluntary acknowledgment of paternity in relation to an adult citizen

A citizen can recognize himself as the father of a child after any amount of time. In practice, there are cases when a father can find out about the presence of a son, for example, after the death of his mother; and by this age the child will have turned 18 years old.

But in this case, there is a small nuance.

If the child is already 18 years old, then the dad needs to get his consent to establish paternity. But if the child is incapacitated, then his guardian has the right to give this permission.

At the same time, the legislator reserves the right for the child to refuse to express consent to paternity from a specific person, despite the fact that there may be facts proving paternity. Such a refusal is permissible without explaining the reasons and taking any additional actions.

Establishing paternity abroad

If the baby was born outside the territory of the Russian Federation, paternity can be established by submitting an application to the consular office of the Russian Federation. Attached with the application:

child's birth document (if any);
parent's identity document;
if the child has reached the age of 18, then his written consent.

We draw your attention to the fact that all documents are issued on behalf of the child's country of residence; therefore, for their further use in the Russian Federation, legalization is required.

Thus, the voluntary establishment of paternity is possible both by the general will of the parents and by the application of one father. Taking into account all the requirements of the law, on the day of filing the application, parents receive a certificate of paternity. For the implementation of this registration procedure, you must pay a state fee of 350 rubles.

Modern society dictates its principles of family and marriage to us. Therefore, unplanned children, whose irresponsible dads simply do not participate in their upbringing, are not uncommon today. "Biological fatherlessness" can arise in a variety of cases, which forces the establishment of paternity not only voluntarily, but also through a court. The first option implies that parents who have not officially registered their relationship can, after submitting a written application to the registry office, indicate their names in the child's birth certificate. Even if a woman is married to one man, but gives birth from another, in the document she can indicate the name of the real father. In all other cases, a person interested in the other parent being responsible for the child will be forced to resort to legal proceedings.

Genetic examination - absolute proof of relationship

In most controversial cases, the genetic establishment of paternity, which is carried out with the help of a special examination, helps to bring complete clarity. This will require an appropriate court decision and the consent of both parties. Although, the initiative for conducting DNA can come from one or both parents. At the moment, this is the most accurate method to determine whether a particular man is the biological father of a child. Such an examination is a complex research process that is necessarily carried out with the help of special professional equipment. To obtain the most accurate results, you can use the mother's biological material.
Without a DNA examination, the plaintiff will have to prove the presence of a second parent in other ways. The court will consider written evidence. This can be correspondence between a woman and a man, telegrams or questionnaires, money transfers, etc. Photo and video materials will be taken into account as evidence. It is possible to confirm the cohabitation or communication of the potential father and mother of the child with the help of testimony.

Establishing paternity through court - main aspects and grounds

Paternity is required when the parents cannot come to an agreement. More often than not, parental responsibilities are not desirable for men, therefore, statements of claim come from women. However, if the mother evades these obligations, the child's father has the right to file a claim. Paternity can be established or disputed by the real father, guardian or guardian of a minor, guardian of a parent who is incapacitated and the child himself who has reached the age of eighteen. Even a minor mother of a child who has reached the age of fourteen has the right to go to court on this matter. She can do this completely independently, according to the following reasons;

The child's parents did not register their relationship;
They did not submit an application on a voluntary basis.

If the child's mother is absent for any reason, and the father has not received the necessary permission from the guardianship and trusteeship authorities to acknowledge paternity, he can also file a claim with the court.
This category differs from the others in that it does not have a statute of limitations, and therefore parents can sue at any time, regardless of the age of their child. His consent will only be required upon reaching the age of majority. If the child is found to be incapacitated, consent must come from the guardian and the relevant guardianship authorities.
Less often, but there are cases that it is from the child's father that the initiative for the recognition of his paternity comes. Here, the procedure for establishing paternity remains the same, but the following situations may serve as reasons for the appeal;

death of the mother;
her full or partial incapacity;
uncertainty about her whereabouts;
lack of parental rights to the child.

A man can apply to the court if the guardianship and guardianship authorities have not given consent to be recognized as a father.

Special case of litigation

Establishment of paternity after the death of a parent, usually a father, who did not shy away from parental responsibilities, but did not have a legal relationship with the child's mother and did not register him in his own name, is distinguished by a special procedure. If the court decision is positive, then the minor will be able to claim the inheritance and pension payments. To calculate the pension benefits associated with the loss of the breadwinner, a court decision is required, where the interested person will be the guardianship authorities. In this situation, civil and family law are the main legislative acts for making a judicial decision. In this case, you will need to collect the necessary information to prove that during his lifetime the deceased recognized himself as the father of the child. In this case, it is no longer possible to make a paternity test.

Fundamentals of the right to establish paternity

The Family Code of the Russian Federation establishes that parental responsibilities in relation to children must be confirmed by law, either by the registry office, or by the court. Within three hundred days after the birth of the child and after the dissolution of the marriage or the death of the father, paternity is established. The same rules apply when the father dies. The right to establish paternity when applying to the court may have:

one of the child's parents;
one with whom the minor is in care;
a person whose child is dependent;
a child who has reached the age of eighteen.

A person who has received a refusal from the registry office in the event of the death of the child's mother, her unknown whereabouts, deprivation of parental rights or incapacity cannot apply to the court in this case. However, if the guardianship and guardianship authorities refuse to establish paternity on a voluntary basis in the registry office, the child's father has the right to go to court. The decision to establish paternity in relation to an adult person can be voluntarily positive only if the child himself or she agrees. If, however, he is incapacitated, then consent is required from guardians or guardianship and guardianship authorities. The same requirements apply when applying to the court for recognition of paternity.
In order for a person to be recognized as a father voluntarily, he must have the will and full consciousness. Thus, an incapacitated person with mental disabilities or a minor cannot receive such recognition. A person with limited legal capacity, who puts his family in a difficult situation due to the abuse of alcoholic beverages or drugs, cannot be considered a father. Only the court has the right to cancel the restriction of his legal capacity if the person can really support and raise the child.
In the Russian Federation, this issue is regulated by the following legislative norms;

Family Code of the Russian Federation;
The Tax Code of the Russian Federation;
The Civil Status Law;
Resolutions of the Government and the Plenum of the Supreme Court, which clarify the application of the RF IC.

Establishing paternity - step by step instructions

As mentioned above, it is possible to file a claim for the recognition of a specific person as a father at any age of a child, since such cases are not limited by the statute of limitations. The consideration of cases by the court is carried out in the manner of civil proceedings. If the plaintiff wishes to collect alimony from the defendant, a corresponding claim is attached to the statement of claim. You can submit an application to the court both at the place of residence of the plaintiff or the defendant. If you ignore the court proceedings on the part of the defendant, he can be put on the wanted list.

Judicial establishment of paternity - the procedure for conducting the procedure

Establishing paternity is a matter dealt with by district courts. Justices of the peace have no right to accept such cases. But, it happens that at a certain stage of the consideration of the case, another court may become subject to jurisdiction.

Determination of the plaintiff, which can be not only the mother of the child, but also the biological father himself, the guardian or guardian, the child who has reached the age of majority.
Preparation of documents and their transfer to the court along with the statement of claim;
In case of a positive court decision, an appeal to the registry office with the required documents for state registration of parental rights;
The issuance of documentary evidence of the recognition of paternity by the registry office takes place on the day of application.

Features of drawing up a statement of claim and the necessary documents for filing a lawsuit

For a claim to be accepted by the court, it must be drawn up in accordance with all the rules and requirements of the law of the Russian Federation. Therefore, the statement of claim must contain;

Indication of the court to which the application is submitted.
The plaintiff's data - full name and information about his place of residence. The same applies to the plaintiff's representative if he is in charge of filing the application.
Respondent data.
Brief explanation of the essence of the statement of claim indicating the infringement of the rights of the plaintiff.
The grounds on which the plaintiff relies in setting out his claims.
Information regarding documents submitted to the court.

The statement on the establishment of paternity is the main document on the basis of which the court will consider this case. But, the following documents should be attached to it;

Receipt for payment of the mandatory state fee.
Documents substantiating the plaintiff's appeal.
Confirmation of the rights of the one who represents the interests of the plaintiff in court, if it is the representative who files the claim.
Copies of all submitted documents.

It should be understood that in order to file a lawsuit, it is necessary that the claims are sufficiently substantiated and supported by the necessary documents. However, none of the evidence presented can be definitive in the first place. The disassembly of all evidence is carried out by the court separately, and only then the assessment of their totality and sufficiency for making a decision is carried out.

Applying before the baby is born

It must be said that even signs of pregnancy can be a reason for filing a claim for establishing paternity. The reasons for this are the following;

a man and a woman are not legally married;
there is a possibility that it will not be possible to apply after the birth of the child. For example, the baby's father will be called up for military service, work on a rotational basis, or be under investigation, the punishment for which will be a real term of imprisonment.

It happens that DNA for paternity is carried out before the birth of the child. This may be due to the fact that the mother is in doubt about the real paternity of the baby or the potential father is in doubt about it. So, if a man has a diagnosis -, and a woman assures that he is the biological father, only a genetic examination is able to resolve the situation. Often, such an examination is carried out in connection with controversial judicial issues of inheritance. It happens that one cannot do without her when a Russian citizen who is married to a foreigner travels abroad. In this case, the initiator of the examination is the embassy, \u200b\u200bbut this requires the consent of the woman. This procedure is complicated and quite risky, so it should not be done unless absolutely necessary. The material is taken at a fairly early stage of pregnancy, after a puncture of the abdominal cavity and uterine wall. An ultrasound scan of the fetus is performed without fail, and the procedure is carried out on modern equipment.

Costs are an important part of litigation

The costs of carrying out the procedure in connection with the establishment of paternity consist in the mandatory payment of a state fee, which is about four hundred rubles, as well as in the payment for DNA examination, if necessary. Genetic examination to establish paternity costs 11,000-12,000 rubles on average and rarely exceeds 25,000 rubles. However, it can be carried out at the expense of budgetary funds in the following cases;

when ordering the test by the court;
unsatisfactory material condition of the plaintiff. In this case, both part of the cost of the examination and its full cost can be covered from the budget.

During legal proceedings, both the defendant and the plaintiff, or both parties together, may ask the court to order DNA testing. The court can support the initiative of the parties, but then the costs for its implementation will be borne by the one from which the request was made. Thus, the total cost of establishing paternity for the stakeholder will increase significantly.

A positive decision of the court will allow the winning party to count on the payment of alimony from the second parent, claim the inheritance and receive a documentary certificate for the child, where both parents are indicated. As a rule, the greatest hope for a parent who has decided by law to force the other parent to fulfill his parental obligations is to receive child support. But, unfortunately, in recent years there have been frequent cases of the issuance of "black" salaries or the absence of official work, which will be the reason for the discrepancy between the expected and real cash payments. It should be borne in mind that after the child grows up, an unscrupulous parent will have the right to count on his material assistance by filing for alimony. Therefore, it is not always advisable to establish the paternity of a parent who does not care about the child. But, if you are still determined to fight for the rights of the child, then be prepared for a long and rather difficult trial. Such cases are not done quickly and require a lot of moral and physical strength from the plaintiff.

Establishing paternity on a voluntary basis, when there is a mutual desire of both parents, will not be difficult for them.

The process will be a little more complicated in the event of the death of the father, who, at one time, did not manage to register the baby in his name. The litigation to establish paternity, when one of the parents does not want to recognize the child, is a long and tedious process, where the main evidence will be DNA examination, on the results of which the court's decision will depend.

The voluntary establishment of paternity as a legal category is a legally significant action of the father of a child who is not in a formalized marriage with his mother, which entails the emergence of legal relations between a minor citizen and his father.

If the father and mother of the newborn are in a registered marriage at the time of birth, paternity is established automatically. If the child is born by a woman who has not registered her family relationship with the child's father, paternity is established either voluntarily.

In case of voluntary establishment (recognition) of paternity, the child's parents must jointly submit an application to the registry office. By signing such a statement, a man (the child's father) makes an expression of will aimed at agreeing to recognize the child as his son or daughter, that is, born of him.

The mother of the child, signing a joint application for the registry office with the man, thus gives her consent to the recognition of this man as the father of her child.

Since the recognition of paternity is considered an important legal act, entailing the emergence of rather serious legal consequences, for its commission it is necessary to meet certain requirements. So, the father, who expresses his desire to recognize the child, must have the appropriate level of consciousness and will for this, that is, be capable.

Consequently, citizens declared incapacitated by a court as a result of mental disorders cannot voluntarily establish their paternity. Establishment of paternity at the request of the guardian of an incapacitated father is also not permitted by law, since the establishment of paternity is a voluntary expression of will of a personal nature.

The legal prohibition on the voluntary establishment of paternity by incapacitated citizens does not apply to underage men and citizens who are legally restricted by court. Moreover, the Russian Family Code explicitly provides for the right of a minor father to voluntarily acknowledge his paternity.

As for the judicial limitation of a citizen's legal capacity, it mainly affects the area of \u200b\u200bhis property rights, and therefore such a limitation does not apply to the rights of a person in the area of \u200b\u200bpersonal non-property relations, including the area of \u200b\u200bfamily legal relations.

The procedure and features of the procedure for establishing paternity voluntarily

The joint written expression of the will of the father and mother of the minor, who did not register the marriage between themselves at the time of the birth of the child, is drawn up in the form of an application, which must be registered by the registry office.

The parents of the child for filing an application choose the registry office located either at the place of residence of any of the parent-applicants, or at the place of registration of the child's birth.

A situation is possible when the parents of a child who want to officially establish paternity cannot, for some reason, submit an application to the registry office together. Then the expression of will is made out in two separate statements with a request to establish paternity. In this case, the signature of the parent who did not find the opportunity to be present in person when submitting the application is notarized.

Voluntary acknowledgment of paternity is not limited to specific terms. Parents of a child can submit an application simultaneously with the state registration of the birth of a baby, and later, after such registration. The joint application of the child's mother and father for the recognition of paternity by the applicants must include the following information:

information about the father, indicating the calendar date and place of birth, as well as his citizenship, nationality (at the request of the applicant father), address;
information about the child whose father is the applicant, indicating the child's full name, gender, date and place of birth;
full details of the record of the act of the registry office on the birth of this child (this is only needed when establishing paternity, carried out after the registration of the child's birth);
basic information about the mother (her citizenship, nationality, date and place of birth) and her place of residence;
details of the record of the act from the registry office on the conclusion of marriage (this is necessary when the mother of the child enters into a registered marriage with his father after the birth of this child);
surname, first name, patronymic, which will be assigned to the child after establishing paternity;
details of passports that prove the identity of the child's parents.

Applying before the baby is born

Russian family law provides for the possibility of a preliminary appeal to the registry office for filing a so-called “preliminary” application for recognition of paternity. Therefore, even before the birth of the baby, during the mother's pregnancy, future parents can jointly write such a statement. However, to do this, the applicant parents need:

justify the need for such a premature legal act by the presence of certain circumstances in the life of the parents, giving grounds to assume that the timely filing of an application for establishing paternity after the birth of a child may in the future be difficult or completely impossible. For example, such circumstances may be a serious illness of one of the parents, an alleged long business trip, the upcoming move of one of the parents of the unborn child for permanent residence in another country, area or city;
confirm the fact of pregnancy with a medical certificate.

As in the usual procedure, the application submitted before the birth of the child confirms the will of the father for the subsequent recognition of the newborn as his child, and also enshrines the agreement of the future parents to assign a certain name and surname of the mother or father to the born child.

The registry office register such applications in their application log and store them on a general basis until the baby is born. Nevertheless, such a statement begins to be realized only after the accomplished fact of the birth of a child.

In the future, after the birth of the child, the parents no longer need to re-submit the application to establish paternity. The registry office register the recognition simultaneously with the registration of the birth of the child.

Prior to such registration, the preliminary application may be withdrawn by either both applicant parents or one of them.

The preliminary statement withdrawn by the parents remains in the registry office, but a special note is made on it by the registry office staff: “the statement is considered invalid”.

Establishing paternity without a mother's declaration

Family law permits the establishment of paternity upon the sole application of the father, subject to certain conditions:

the presence of circumstances established by law - the death of the child's mother, her recognition as incompetent, or the impossibility of determining her whereabouts;
the presence of consent to the recognition of paternity from the guardianship authorities, which is considered an additional legal guarantee for the protection of the rights of a minor.

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