How to prove paternity of a child

Often, in practice, biological parents do not document paternity for their children for various reasons. This leads to the fact that children receive their mother's surname when registering them.

As a result, the child loses his right to receive the benefits and payments defined by Ukrainian legislation, which are directly related to the status of the child's father. And therefore consideration of this topic is more relevant than ever.

In this article, experts from the Prikhodko and Partners law firm will explain how to prove a child's paternity in practice and why this is a legally important phenomenon.

Why do you need to establish paternity?

Documenting paternity is of considerable importance both for the children themselves and for their parents, as it causes the following legal consequences, namely:

• Maintenance obligations. The Family Code of Ukraine states that the father of the child is obliged to support her until she reaches the age of majority (18 years), and if she continues her studies or is unable to work, then until the age of 23. These duties are manifested in providing the child with adequate financial support (in case of divorce of the parents - payment of alimony), providing assistance for obtaining an appropriate level of education, participating in the upbringing of the child (taking care of his emotional development, formation of moral principles, successful completion of social adaptation, etc.) and much more other aspects.
• The right to receive social security. This right is exercised if the child's father has the appropriate status, which is directly related to his employment (for example, the father is in military service in the Armed Forces or works in law enforcement agencies, etc.);
• The right to receive pension. It can be implemented in the event of the loss (death) of the father as a breadwinner, including if he died directly performing military duty in the Armed Forces;
• The right to inheritance. After the death of the father, the child has the right to inherit his property as a legal heir. At the same time, inheritance can be accepted both by law and by will.

How to prove a child's paternity?

In Ukraine, there are only 3 main ways to prove a child's paternity:

• If the parents are in an officially registered marriage with each other. The main feature of establishing paternity in this case is the provisions of the Civil Code, which state that a child born and conceived in marriage comes from both spouses.

Thus, the presumption of paternity is established. In practice, this presumption means that the mother of a child who is in an official marriage does not need to provide any supporting documents about the origin of the child from her husband. That is, the very fact of an existing marriage is sufficient confirmation of the child's origin from citizens.

• If the parents are in a "civil marriage". If the citizens were not officially married to each other, but the father of the child does not deny the fact that the child comes from him, then in order to prove paternity, you need to submit an application to the DRATS authorities. It must be submitted in writing and in person.
• According to the decision of the judicial authorities. If there is any data that can confirm the origin of the child from a specific citizen, then this is the main reason for applying to the judicial authorities with the corresponding claim.

The application should be accompanied by evidence that will confirm the fact of the child's origin (for example, it can be written, physical evidence or explanations of witnesses). The subjects of the appeal are the citizen who considers himself the child's biological father, the child's mother, his guardian or custodian, the citizen who properly supports the child and the child who has reached the age of 18 at the time of submitting the application.

In addition, when establishing paternity, the court must appoint an appropriate examination (DNA test), which is one of the main pieces of evidence in the case, as it can determine with a probability of 99.99% whether a person is really the child's father.

How can our company help?

Law office "Prikhodko and Partners" provides a wide range of services related to proving and establishing the fact of paternity, namely:

• legal consultations;
• drawing up procedural documents;
• collection of necessary evidence in the case;
• representation of interests in judicial authorities;
• full legal support;
• and many others.

To receive qualified legal assistance, fill out the application form below.