Rejection of the child by the father

Lawyer practicing family law. Specializes in the procedure of separation, reduced alimony, sub-friendship, placement of a child, abrogation of father's rights, separation of father's rights from a rich family. ї, other family and recessionary disputes.

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Rejection of the child by the father

Reading time: 4 min.

It often happens in modern life that the child's father wants to give up his parental rights.

There can be quite a lot of reasons for such a desire, namely: an irresponsible attitude towards one's own life and the fulfillment of responsibilities in it, avoiding paying child support, a person's doubts about the child's biological origin, etc.

Therefore, the question of how this can be implemented in practice is asked by more than one citizen of Ukraine. This shows the relevance of the chosen topic.

In this article, we will talk about how today it is possible to renounce the paternity of a child, taking into account the current legal acts of Ukraine.

How does the father's rejection of the child happen?

First of all, it should be understood that the law does not provide for the refusal of a child by a father in our country. This means that you will not be able to write such a refusal in a simple written form and thus give up the child. In practice, it works a bit differently.

In order to give up the child, the interested person (relative, relative, or representative of social services) must apply to the judicial authorities with a claim for deprivation of the person's parental rights.

Also, the father himself can directly dispute the fact of his paternity (Part 1 of Article 136 of the Civil Code). In such a case, the citizen will need to prove the fact that he and the child are not related by blood, the biological mother clearly knew and was aware of this fact, and therefore the lawsuit is subject to full satisfaction.

However, if a citizen, at the time of registering himself as the child's father, knew for sure that he was not her biological father, then in this case he has no right to challenge the fact of paternity in a court of law.

This should also include a citizen who consented to the use of assisted reproductive technologies in accordance with Part 1 of Article 123 of the SCU.

Importantly! The fact of disputing paternity can be proven only after the birth of the child and until the child reaches 18 years of age (of legal age). If the child died at the time of birth, then in this case it is impossible to dispute the fact of paternity.

What evidence should be submitted to the court with the application?

  • Results of a genetic or immunological examination for the purpose of establishing a blood relationship with the child (DNA test);
  • Written explanations and oral testimony of witnesses;
  • Biological material of the child and the plaintiff, if the court determines the need to conduct its own forensic genetic examination to establish the blood relationship between the persons.

Importantly! The statute of limitations does not apply to cases related to the fact of disputing paternity and the exclusion of the relevant entry from the child's birth certificate (Part 6 of Article 136 of the Code of Civil Procedure).

Do I need to pay a court fee for filing the relevant application?

So. Since this is fixed in paragraph 2, part 2 of Art. 4 of the Law of Ukraine "On Court Fees", which states that for filing a claim of a non-property nature, an individual shall pay a court fee of 0.4 living wage for able-bodied persons.

If you want to renounce the parentage of the child but do not know how to implement it correctly in practice, then in this case, contact the Prykhodko and Partners law office.

Our specialists understand the legal intricacies of disputing the fact of paternity, as they have many years of work experience and thorough knowledge in the field of Ukrainian family law. In addition, we always work for the result for our clients. So don't delay and come to us for a consultation!

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