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Family law Establishing paternity after the death of a military person

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.

Establishing paternity after the death of a military person

This procedure is critically important for protecting the rights of a child born out of wedlock.

It allows the child to inherit the father’s property and receive appropriate social guarantees from the state.

In this article, we will take a detailed look at how paternity is established in Ukraine after the death of a military member, what documents are needed, and what to pay attention to.

Why is establishing paternity key?

The official recognition of a child as an heir has a direct impact on his or her future. Without establishing paternity, the child has no legal connection to the deceased father.

This means that she cannot:

Inherit property: A child whose paternity has not been established is not among the first-line heirs and cannot claim the property of a deceased serviceman.
Receive a pension due to the loss of a breadwinner: The state provides financial assistance to children of deceased servicemen. Such assistance will not be granted without confirmation of paternity.
Enjoy other social benefits: Children of fallen defenders of Ukraine are entitled to a number of benefits, which are provided only upon confirmation of family ties.

The process of establishing paternity — this is a complex legal path that requires careful preparation.

Evidence collection

The main task of the applicant is to convince the court that the deceased military man was the biological father of the child. To do this, it is necessary to collect as much evidence as possible:

Written evidence: Correspondence (SMS, emails) where the deceased acknowledges the child; joint photos and videos; documents of financial support (bank statements, checks) that indicate his participation in the child’s life.
Eyewitness testimony: Testimony from friends, relatives, colleagues, neighbors who can confirm that the deceased maintained a relationship with the child’s mother and showed parental care.
DNA examination: This is the strongest evidence. If biological samples of the deceased have been preserved (for example, in a medical institution), a direct examination can be performed. If not, the court may order a post-mortem DNA examination using samples from the deceased’s closest relatives (parents, brothers, sisters) to establish kinship.

It will also be useful: Establishing paternity: procedure and required documents

Filing an application with the court

An application to establish paternity is filed with the district court at the place of residence of the applicant (the child’s mother or her guardian). The application must clearly state the circumstances of the case and list all evidence confirming paternity.

The following must be attached to the application:

Copy of the applicant’s passport and identification code.
Copy of the child’s birth certificate.
Copy of the death certificate of the serviceman.
All collected evidence (photos, correspondence, checks, etc.).
Receipt for payment of court fee.

Trial

The court will consider the evidence submitted, hear witnesses, and, if necessary, order an expert examination.

In this process, interested parties may be relatives of the deceased military member, as establishing paternity will affect their inheritance rights.

The court’s decision and its consequences

If the court makes a positive decision, it will become the basis for making changes to the child’s birth certificate. After that, the child officially becomes the heir of the deceased father and acquires the right to all social benefits and privileges due to him, as provided for by the legislation of Ukraine.

Establishing paternity after the death of a military person –This is not only a legal procedure, but also a guarantee of the rights of a child who has lost a hero father.