Head of family law practice

An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

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Contesting paternity and excluding information from the child’s birth record

Contesting paternity and excluding information from the child’s birth record

The right of a child to establish his/her origin is one of the fundamental personal non-property rights guaranteed by both national legislation and international acts.  

The question of the child’s origin gives rise not only to emotional, but also to a whole range of legal consequences – from the obligation of maintenance to the right to inheritance.  

However, life often makes its own adjustments. The person who is indicated in the documents as the father is not always the actual biological father of the child.  

The reasons may be different: the birth of a child in a marriage that has actually already broken up; erroneous or knowingly false data entry; the mother’s reluctance to reveal the true circumstances of conception.  

As a result, a legal conflict arises, where one person formally bears the duties of the father, but in fact is not.  

It is to resolve such situations in family law that there is an institution of contesting paternity, which aims to ensure a balance between the protection of the interests of the child, the rights of the mother and the husband who is considered the father, as well as the actual biological father.  

Who can dispute the fact of paternity  

According to the provisions of the law:  

  • A man who is registered as a father has the right to apply to the court with a lawsuit to exclude information about him.  
  • The child’s mother can file a lawsuit if the record of the father is made without factual grounds.  
  • The biological father may require the entry of truthful data, having previously challenged the existing record.  
  • An adult child also has the right to go to court to correct the data on his or her origin.  

Contestation procedure  

  1. Filing a lawsuit in court.
    The claim is filed with the court at the place of residence of the defendant. In the application, the plaintiff substantiates the grounds for which he considers himself not the father of the child, and asks to exclude his data from the act record.  
  2. Evidence base.
    The main evidence is the results of molecular genetic examination (DNA test), which establishes the absence or presence of biological relationship with a high degree of reliability. The court may also take into account witness testimonies, documents and other materials.  
  3. Consideration of the case by the court.
    The court examines all the evidence submitted based on the principle of priority of the child’s interests. If the fact of the absence of blood relationship is confirmed, the court decides to exclude information about the husband from the birth record.  
  4. Making changes to the act record.
    On the basis of the court decision, the state civil registration authority (CAS) makes changes to the relevant act record and issues a new birth certificate of the child.  
It will also be useful: Establishing the fact of paternity

Legal consequences  

  • For a man recorded by his father.  After exclusion from the act record, he loses all rights and obligations in relation to the child (in particular, the obligation to pay alimony).  
  • For a child.  Information about the father becomes uncertain, but in the future it is possible to establish paternity by another person.  
  • For the mother.  She gets the opportunity to enter truthful information into the certificate in court or voluntarily with the actual father of the child.  

Judicial practice  

The practice of considering cases of this category shows that courts are mostly guided by the results of DNA examination.  

At the same time, there are cases when the courts dismissed the claim due to the expiration of the statute of limitations or when it was established that the plaintiff acted in bad faith, realizing his non-biological paternity from the moment of registration of the child.  

The Supreme Court has repeatedly emphasized that the interests of the child should prevail, but the right of a person to protection against unlawful recording should also be exercised if there are objective grounds for this.  

Conclusion  

Contesting paternity and excluding information from the birth record is a complex legal procedure that requires a clear evidence base and taking into account the interests of all parties, primarily the child.  

Applying to the court with a corresponding claim is the only legal mechanism for resolving such a situation.  

Thus, this institution of family law serves as a tool for restoring justice when the birth record does not correspond to the actual circumstances of the child’s origin, and ensures the protection of both the rights of the child and the rights of persons who were unreasonably recognized as parents. 

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A claim for guardianship A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment A guardianship lawyer A lawsuit to declare a person incapable A statement of claim for recognition of a person as having lost the right to use residential premises A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable Accompaniment of a lawyer in the children’s service Accompanying a person who needs constant care abroad Adoption of an adult Adoption of the wife’s child from the first marriage Agreement on maintenance and education of a child Agreement on the division of marital property Annulment of birth certificate Apostille and consular legalization of inheritance documents APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE Apostille for death certificate Apostille on the birth certificate APOSTILLE ON THE DECISION OF THE COURT Apostille on the marriage certificate Appeal against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the 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family relations Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Establishing the fact of family ties through the court Establishing the fact of living as one family Establishing the fact of living in the same family with the testator Establishing the fact of non-acceptance of inheritance Establishing the fact of paternity Establishing the fact of paternity after death Establishing the fact that the child is maintained by the stepfather Establishing the order of participation in raising a child ESTABLISHMENT OF FUNDS AND TRUSTS Establishment of guardianship Establishment of guardianship in court Establishment of guardianship over a disabled person of the 2nd group Establishment of guardianship over an elderly person Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over the property of an incapacitated person Establishment of the fact of independent upbringing of the child by the father Estate Litigation Attorney Exemption from paying alimony Extension of the deadline for accepting an inheritance Family lawyer in Germany: protecting the interests of ukrainian citizens FAMILY LAWYER IN ITALY FOR UKRAINIANS Family mediation (mediation in family disputes) Fast increasing the amount of child support Gift agreement between relatives Gift agreement for a minor child Guardianship of an incapacitated person Guardianship of disabled parents Guardianship over parents as a basis for postponement Heritage with a foreign element How to establish the fact of residence by one family? Inheritance disputes Inheritance in Ukraine for Ukrainian citizens living abroad Inheritance lawyer abroad INHERITANCE OF BANK DEPOSITS Invalidation of a marriage Issuance of duplicate certificates and extracts from the Civil Registry Office Legal support for marriage registration in Ukraine Legal support for the adoption of a child Legal support of surrogate motherhood Legalization of a divorce certificate issued abroad Legalization of a marriage concluded abroad Legalization of a marriage concluded in Poland Making changes to the act record of the birth of a child Marriage certificate abroad Marriage contract Marriage contract with a foreigner MARRIAGE DISSOLUTION SERVICES ABROAD Marriage registration under martial law Notarized agreement on child support and upbringing Obtaining a border crossing permit in EU countries for minor children OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN Obtaining a certificate of MAC on permanent care Obtaining a certificate of marital status Obtaining a death certificate Obtaining a duplicate birth certificate Obtaining a marriage certificate again Obtaining a MSEC certificate of disability Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Obtaining the MAC Conclusion in form 080-4/o Permanent care for a disabled person of the 1st group Permanent care for a disabled person of the 2nd group as a basis for postponement Permanent care for an elderly person. Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights