DETERMINATION OF THE CHILD’S ORIGIN FROM THE MOTHER AND FATHER

One of the most important moments when a child appears is the correct registration of birth documents in accordance with the legislation of Ukraine. When registering a child's birth, the child's parentage is determined. If there are actually no problems with the determination of the origin of the child from the mother, then the determination of the origin from the parent has some nuances.

General rule

The family legislation of Ukraine indicates that the origin of the child is determined by the married parents. It seems that everything is clear, if a child is born to a couple, then they will be registered as the parents of such a child.

Other circumstances

• The birth of a child when the parents are not in an officially registered marriage.

If the child's parents are not married, the child's descent from the mother and father is registered with their written consent. If the man does not consent to the registration of his father, then the information about the origin of the child from the father is indicated according to the words of the mother.

• The birth of a child after the dissolution of marriage between spouses

In the event that the child was born within nine months after the official dissolution of the marriage between the spouses, the former husband is indicated as the father of the child. But ex-spouses can submit information on a common application that the ex-husband is not the father of the child.

• The birth of a child and the regime of separate residence established by the court

If a regime of separate residence is established between a husband and wife and a child is born after ten months from the date of establishment of such regime, then the husband is not considered his father.

Determination of the origin of a child born with the help of auxiliary reproductive technologies

Another interesting point is how to determine the origin from the mother and father of a child who was born with the help of assisted reproductive technologies. If such a child was born out of wedlock, then the spouses are registered as his parents. Other cases are explained in detail in the provisions of Article 123 of the Family Code of Ukraine.

An exception to the rule

The above circumstances are general norms that determine the origin of the child from the mother and father, but in practice various nuances may arise. For example, if the spouses are in the process of divorce, they do not live together and do not maintain a relationship.

During this time, the spouse has a child from the second spouse. As a general rule, the father of the child should be indicated by the husband with whom the wife is married. And in order for the biological father to be recorded, all three need to contact the state registry of civil status acts for the registration of this child. And this is just one example out of many that can be encountered in life.

So, as can be seen from the above, determining the origin of the child from the mother and father is not always a simple process. If there are questions regarding a specific situation, it is better to use legal help in time to avoid misunderstandings or mistakes when obtaining a child's birth certificate, determining the child's origin from the mother and father. At a consultation with the specialists of the legal company "Prykhodko and Partners" you can get a qualified legal opinion on the case, as well as support and protection of your interests.