Establishing paternity through the court

Establishing paternity is an important legal procedure, which is important for both the child, and for parents.

Ukrainian legislation provides for various methods of establishing paternity, among which the judicial process plays a significant role.

The procedure for establishing paternity through the court is usually used in those cases, when there is no agreement between the parents or when a father avoids acknowledging his child.

Legislative basis

The process of establishing paternity is regulated by the Family Code of Ukraine, in particular articles 128-130. According to the article 128, if the father of the child is not married to the mother, а paternity has not been established by submitting a joint application to the RACS authority, the issue can be resolved in court.

The legal process can be initiated by the mother of the child, and the father himself, or other interested persons, for example, the guardian or the child himself, if she has reached the age of majority.

The procedure for filing a lawsuit

The procedure for establishing paternity through the court begins with the submission of a corresponding claim to the court. The lawsuit can be filed both at the plaintiff’s place of residence, and the defendant.

The plaintiff in the case can be the mother of the child, the potential parent or the child himself, if she reached18-year old. An important element of the lawsuit is the substantiation of the grounds for establishing paternity.

Evidence is attached to the lawsuit, which confirm, that the specified husband is the child’s biological father. These can be witness statements, correspondence, photographs, medical documents or results of genetic examination.

The role of genetic examination

Genetic examination is the most important evidence in the case of establishing paternity. It is conducted in order to establish a biological connection between the child and the potential father.

The results of the examination can become decisive evidence in the case, although the court takes into account other available evidence. Appointment of genetic examination can be initiated by the plaintiff himself, as well as by court decision.

In the case of the defendant’s refusal to conduct an examination the court may take this into account when making a decision, considering such a refusal as unwillingness to confirm his paternity.

Judicial proceedings

The judicial review of the case on the establishment of paternity is conducted in an open court session. During the hearing, the court hears the parties, examines the evidence provided and, if necessary, appoints examinations. The court takes into account the interests of the child, since they are the priority in solving such cases.

It is important to note, that a court decision establishing paternity not only confirms parental status, but also imposes obligations on the father to support the child like payment of alimony.

Consequences of establishing paternity

After establishing paternity through the court, the child receives the right to maintenance, inheritance and other rights, district’ connected with family ties ‘tongues. The father acquires as rights, as well as responsibilities regarding the upbringing and maintenance of the child.

Establishing paternity is also important for the legal registration of the child’s surname, granting citizenship and other aspects of legal status.

Appealing the court decision

The decision to establish paternity can be appealed. It can be initiated either-which side, if she does not agree with the decision of the court of first instance.

During the appellate review, the case is reviewed, new evidence or re-examinations may be provided. The final decision after the appeal is binding.

So, establishing paternity through the court is an important procedure, which protects the rights of the child and guarantees him a legal relationship with his father.

At the same time, this process requires careful preparation and collection of the necessary evidence for the successful completion of the case.

If you are in the process of preparing or planning to start the process of establishing paternity, lawyers and attorneys of the legal company “Prikhodko and Partners” will be able to analyze the case, provide you with qualified advice, help with the preparation of the application, and also protect your legal rights and interests in court.