A Ukrainian citizen was married to a Nigerian citizen for more than three years. The marriage was registered on the territory of Ukraine in 2020. With the beginning of the full-scale Russian invasion of Ukraine, the foreign husband left abroad, leaving his wife, thereby effectively terminating the marital relationship, not maintaining contact, not providing moral or material support. Over time, the woman met her new love in Ukraine, and they had a son.
Ukrainian Legislation
In the case of the birth of a child in the territory of Ukraine from a man A, while being legally married to a man B, in the column “father of the child” in the act of birth of the child and in the birth certificate, respectively, the legal husband is recorded in accordance with the act of marriage. The legislation does not provide for alternatives when indicating the biological father in the birth certificate, except for the presence of a joint statement on the recognition and non-recognition of the child by man A and man B together with his wife. When at least one of the participants in this controversial issue is not in the territory of Ukraine – the biological father cannot be indicated as the father of the child legally.
How did we achieve the exclusion of information about the father from the act of birth?
Legal actions of our company’s lawyers
Signing an agreement on representing the interests of the Client.
Receiving a refusal from the DRACS bodies to make corrections to the birth certificate due to the lack of consent of the legal husband – a foreigner.
Writing a lawsuit to the court with a request to challenge the fact of paternity of a foreigner and exclude information about him from the column “father of the child” from the birth certificate.
Filing a petition to the court regarding the need to send a corresponding request to the State Border Service of Ukraine to obtain information about the stay of a foreigner outside Ukraine at the time of the woman’s fertilization (this information can only be obtained through the court, since there was no consent to send such a request from a foreigner and having it, it can be argued that in the absence of the foreigner’s actual stay in Ukraine and the absence of the woman’s trips outside Ukraine – fertilization by the specified foreigner is impossible, accordingly, by a self-exclusion method – the fact of the possibility of being the father of the woman’s child is removed).
Receiving a decision on satisfaction of the claims.
Making corrections to the birth certificate in the column “father of the child” and obtaining a new birth certificate with corrections.
The task was successfully completed. The process was carried out as efficiently as possible and without unnecessary effort for the client.
The physical presence of the client was not necessary – all issues were resolved remotely, which saved time and resources.
Minimal energy and nervousness – thanks to a clearly developed strategy, we managed to achieve the desired result without unnecessary difficulties.
No contact with the ex-husband – the process was organized in such a way as to avoid any interaction with him, ensuring comfort and peace of mind.
If you have a similar problem and you need to exclude information about the father from the birth certificate – we are always ready to help. Fill out the form on the website or call a lawyer for an initial consultation.
We work Monday - Friday from 9:30 to 18:00. If you leave a request after 18:00 on weekdays - we will contact you the next business day starting at 9:30.
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