Establishing paternity: procedure and required documents

Establishing paternity is an important legal fact that confirms the origin of a child from a specific man and creates a legal bond between the father and the child.

Thus, a person has corresponding obligations regarding the full maintenance and upbringing of a child until he reaches the age of 18, creating appropriate conditions for his development, etc.

However, how is it possible to establish paternity in practice? Specialists from the Prikhodko and Partners law firm talk about this legal aspect.

The procedure for establishing paternity 

The Family Code states that a person can use two methods to recognize paternity in Ukraine, namely:

1. Appeal to the RACS authorities. This method of establishing paternity is quite simple and clear. It assumes that none of the child's parents deny the fact that the child originates from them, and therefore, in order to legalize it, they apply to the RACS authorities with a joint application. It is worth noting that such an application can be submitted by the child's parents, both before and after the child's birth.

Although the general procedure for establishing paternity through the RACS bodies is not too complicated, in some cases, citizens may be denied its implementation.

Grounds should be included here when:

• citizens have submitted an incomplete package of documents to establish paternity through the RACS bodies or have improperly issued them;
• the employees of the RATS found that the submitted documents contain inaccurate information;
• employees of the RACC found that the child's mother is married to another person who is considered the child's father according to the law.

If the citizens were denied the establishment of paternity through the bodies of the RACC, then in order to resolve this issue, it is necessary to contact the judicial authorities.

2. Appeal to judicial authorities. It is a more complicated way to recognize paternity, although it is quite popular for use in practice. The procedure for establishing paternity through the court begins with the submission of a corresponding claim to the judicial authority.

The application can be submitted both at the place of residence of the plaintiff and the defendant. The plaintiff in the case can be: the child's mother, the child's potential father or the child himself, provided that he has reached the age of majority (18 years old).

The main feature of such cases is the element of proof, namely the substantiation of the fact that this person is the child's biological father. In order to properly prove this circumstance, it is necessary to add relevant evidence to the claim (for example, written statements or explanations of witnesses, e-mails, photographs, medical documents or DNA test results, etc.).

It is worth noting that a genetic examination (DNA test) is the most important evidence in cases related to the establishment of paternity. This is explained by the fact that it is with the help of a DNA test that it is possible to establish with a probability of 99.99% whether a specific man is the father of a child.

Appointment of this expertise can be initiated both by the plaintiff in the case and directly by the judge. If the defendant objects to the conduct of this examination, then such actions can be considered as a person's reluctance to confirm the fact of his paternity.

List of documents that must be submitted to establish paternity

If a person establishes paternity through the RATS bodies, the following package of documents must be submitted:

• a joint statement in which citizens request the authorities of the Russian Social Security Agency to establish paternity over the child (it must be submitted in writing);
• documents certifying both citizens (for example, domestic or foreign passports, ID card, etc.);
• birth certificate (must be provided if the child has already been born);
• documents on the payment of duty established by the state (for example, a paper receipt).

If a person establishes paternity through judicial authorities, the following package of documents must be submitted:

• a copy of the applicant's passport;
• a copy of the applicant's RNOCP;
• a copy of the child's birth certificate;
• a copy of the certificate of registration of the person's place of residence;
• a copy of the family composition certificate;
• a copy of the passport of the child's father (must be submitted when the fact of paternity is established after the death of the child's father, a copy of his death certificate is also attached);
• the results of a DNA test (genetic examination).

Conclusions

Thus, the procedure for establishing paternity is an important legal tool for securing rights of the child, which guarantees him a legal relationship with the father.

At the same time, this process requires a deep understanding of the current legislation of Ukraine and careful preparation to obtain a positive result in the case. Therefore, if you need legal help with this legal issue, then contact the Prikhodko and Partners law office.

We will be able to analyze your case in detail, provide qualified advice on how best to establish paternity in a specific situation, and help collect all the necessary documents. As a result, your rights and interests will be fully protected and you will receive only appropriate legal assistance.

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