Voluntary recognition of paternity

One of the most relevant topics in the field of family law of Ukraine is the very issue related to the recognition of paternity.

If a child is born to a young couple who are in an official marriage, then recognizing paternity under such circumstances does not become a problem, because according to the current Ukrainian legal acts, the child comes from the husband and it is not necessary to provide any evidence to prove this fact. However, the situation changes completely when citizens are not married to each other and wish to recognize paternity.

Therefore, in this informative article, specialists from the Prikhodko and Partners law firm will explain what the main features of voluntary recognition of paternity are under the Family Code of Ukraine (hereinafter SCU).

Recognition of paternity - what is it?

From the analysis of the provisions of the Ukrainian legislation, it can be said that recognition of paternity should be understood as a legal procedure according to which a man officially recognizes himself as the biological father of a child. In Ukraine, paternity is recognized either voluntarily or through judicial authorities (Articles 125-128 of the Civil Code).

Voluntary recognition of paternity - what are the main features?

For voluntary recognition of paternity, citizens:

• Must not be in an officially registered marriage with each other;
• Obliged to submit a joint application to the local authorities of the Russian Civil Service for the recognition of paternity over the child. The application must be submitted in writing. In order to prove the voluntariness of their intentions to recognize paternity, such an application is usually submitted by citizens (parents of the child) in person. However, the SCU does not establish a ban on submitting an application through its representative or through postal means. Therefore, if the application for the recognition of paternity is notarized and the authority of the legal representative is confirmed, then the personal presence of citizens is not required to submit the application to the RACS bodies.

It is worth noting that recognition of paternity in a voluntary manner can be implemented both before the moment when the child is not yet born was born, as well as immediately after her birth.

Pay attention! In cases where the man is a minor and wishes to recognize himself as the father of the child, then the authorities of the RACC are obliged to inform his parents, guardians and custodians about such an action. If it is not possible to inform these persons, then the employees of the RACS inform the local guardianship and guardianship authorities.

What are the advantages of voluntary recognition of paternity?

• Simplified procedure. In order to recognize paternity voluntarily, you do not need to spend a lot of time, go through a lot of instances and collect the appropriate evidence base, because you only need to submit an application and make changes to the registration documents for the child;
• Avoidance of financial costs. Usually, if paternity is recognized in a court of law, citizens must pay a court fee for filing an appropriate claim and hire a qualified lawyer to represent their interests. And therefore, if paternity is recognized voluntarily, individuals will be able to avoid these costs;
• The opportunity to immediately participate in the upbringing of the child. Upon voluntary recognition of paternity, a citizen does not need to wait a long time for a court decision, which will confirm the fact that he is really the father of the child and must participate in its upbringing;
• Protecting the interests of the child's mother.If recognition of paternity takes place voluntarily, the child's father acquires the corresponding obligation to fully support and raise the child. In practice, this allows the child's mother to apply to the judicial authorities for the appointment of alimony payments or independently agree on the transfer of the appropriate amounts for child maintenance.

Why should you choose our company?

Usually, in practice, the recognition of paternity is one of the most difficult cases in family law, because men quite often deny the fact of the child's origin from them.

And therefore, in order not to solve these issues on your own, you should contact qualified lawyers from the Prikhodko and Partners law firm, who perfectly understand the specifics of this issue and know how to effectively protect the interests of the company's clients in any family matters.

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