Sulyk Roman

Head of family law practice

E-mail

sulyk@prikhodko.com.ua

Phone numbers

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.

Establishing or challenging paternity

Establishing or contesting paternity is an important legal process that concerns the legal determination of the biological and/or legal father of a child.

Such issues may arise both in the context of protecting the interests of the child and in determining the rights and obligations of the parents, as well as other legal consequences that may arise after establishing such a legal fact.

Grounds for establishing paternity

According to the legislation of Ukraine, paternity can be established in several ways:

Voluntary acknowledgment of paternity.
If the child’s parents are not married, the father may voluntarily acknowledge his paternity by submitting an application to the Civil Registry Office. This provision is in place to simplify procedures and ensure stability in legal relations.
Establishing paternity through the court.
If the father does not recognize his child, the mother or the child himself (if he has reached the age of majority) can file a lawsuit in court. In this case, the following can be used to prove paternity:
- Results of genetic examination (DNA test).
- Witness testimony.
- Other evidence indicating paternity.

When considering the case, the court takes into account all possible evidence, including testimonies of persons who are aware of the circumstances of the case, correspondence between the parties, photographs and other materials.

It is worth noting that DNA testing is not mandatory for this category of cases, but it is of great importance in the evidentiary process. However, if you are deprived of the opportunity to take such a test for one reason or another, this does not prevent the case from being considered.

Disputing paternity

A paternity challenge involves a legal process in which a man who is recorded as the father of a child seeks to prove that he is not the biological father.

The grounds for such a claim may include:

The presence of evidence that excludes the possibility of biological paternity (for example, due to prolonged absence at the time of conception, establishing the fact of the husband’s incapacity, etc.).
Conducting a DNA examination that confirms the absence of a genetic connection between the man and the child.

It is important to note that there is a time limit for contesting paternity. Typically, a man must file a lawsuit within 1 year from the time he learned or could have learned of the circumstances that cast doubt on his paternity.

Protection of the interests of the child

All procedures related to establishing or contesting paternity are conducted taking into account the interests of the child.

This includes the child’s right to:

Receiving financial support from the father.
Proper legal status and the possibility of inheritance.
Psychological stability and support.

The court always analyzes how the decision will affect the well-being of the child. For example, even if the man is not the biological father, but has acted as a father for a long time, the court may consider this as a weighty argument.

Social and psychological aspects

Procedures to establish or contest paternity often cause strong emotional stress for all participants.

Main challenges:

Emotional conflicts. Often, the parties have personal conflicts that are carried over to the legal process.
Stigmatization of the child. Public opinion can negatively affect a child if their paternity is disputed.
Risk of psychological trauma. It is important for a child not to lose the emotional connection with the person they perceive as a parent.

We recommend that such issues be resolved as delicately as possible, taking into account all the consequences for the child. Seeking legal advice from specialists, using mediation, and properly organizing the entire process will help reduce the negative psychological impact on the participants in the process.

It will also be useful: Establishing paternity through the court

Problems and recommendations

Problems in legal regulation

Limited time limits for contesting paternity may be unfair in some cases.
Lack of clear mechanisms to protect the interests of the child in certain situations.

Recommendations for the parties

Contact a lawyer. A qualified lawyer will help you properly prepare documents and avoid mistakes.
Conducting a DNA test. This is the fastest and most accurate way to resolve a dispute.
Peaceful resolution of the dispute. If possible, the conflict should be resolved without judicial intervention.

Conclusion

The procedures for establishing or contesting paternity are complex, as they combine legal, social and emotional aspects. The most important thing in these processes is to ensure the rights and interests of the child, who has the right to stability, love and care.