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

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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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.

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

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.
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.
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.
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.

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

Who can dispute the fact of paternity

Contestation procedure

Legal consequences

Judicial practice

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