Фото: How to become the only parent of a child

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Riabchuk Oksana

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How to become the only parent of a child

Reading time: 4 min.

Recently, in Ukraine, the question of determining the origin of a child from certain citizens often arises.

In practice, this is necessary in order to understand who are the biological parents of the child and who should take care of it and fulfill their duties, which are stipulated by the current Ukrainian legislation.

However, not every person today knows how to distinguish the origin of a child from certain citizens. This shows the relevance of the chosen topic.

In this informative article, we will talk about how to become the only parent for a child and determine its origin from specific citizens.

How to determine the origin of the child from the mother and father?

From the analysis of the current provisions of the Civil Code, it can be seen that today there are the following methods of determining the origin of a newborn child, namely:

  • from citizens who are in an officially registered marriage at the time of conception and birth of a child;
  • from unmarried citizens;
  • recognition of paternity by the decision of a judicial authority in case of existing disputes regarding the determination of the origin of a child from certain citizens.

If we talk about a married couple that is in an official marriage, then the child that was conceived and born to these citizens is considered to be the one that comes from the spouses.

This happens on the basis of providing a marriage certificate, as well as receiving a corresponding document from a medical health care institution about the birth of a child.

That is, in this case, citizens do not need to prove the fact of the origin of the newborn child, because according to the general rule, which is provided for in the Civil Code, a child conceived and born in marriage originates from the married couple.

However, if the father has doubts about the origin of the newborn child, then in this case he has the right to establish the fact of paternity with the help of a DNA test.

If the citizens were not in an officially registered marriage at the time of the child's birth, the fact of parentage is determined either by submitting a written joint statement from the child's father and mother, or by a decision of local judicial authorities. The application must be submitted to the territorial bodies of the Russian Social Security Administration at the place of registration or actual residence of the child's parents, it must also contain a joint declaration of will to establish the child's origin.

If a married couple has disputes regarding the origin of the child from a certain citizen, or the mother does not want to recognize the origin of the child from the biological father, then in such a case, the person who considers himself the father of the child has the right to apply to the judicial authority with an application for recognition of paternity.

The main basis for applying to the judicial authorities will be any information or data that can prove the origin of the child from a certain citizen, collected in accordance with the norms of current Ukrainian legislation. Usually, in such cases, a forensic biological (genetic) examination is prescribed, based on the results of which the fact of paternity from a certain citizen was established.

Importantly! Cases on the recognition of paternity are considered only within the framework of legal proceedings, and therefore the parties to the case are the plaintiff and the defendant.

If you want to become the sole parent of a child, then in such a situation, be sure to contact the "Prikhodko and Partners" law office.

The company's lawyers will help our clients establish the origin of a child from specific citizens or recognize paternity based on the decision of the judicial authority, as we perfectly understand how to solve these legal issues in practice.

We guarantee the achievement of the desired result in the case. So don't delay and come to us for a consultation!

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Specializes in family law and inheritance matters.

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