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Establishing the fact of family relations

Establishing the fact of family relations

One of the key functions of civil procedure is to provide an opportunity to confirm legally significant facts on which the exercise of a person’s rights and obligations depends.  

In the legal system of Ukraine, a special place is occupied by cases on establishing the fact of family relations, because they most often become the subject of consideration in connection with the registration of inheritance rights, receipt of social benefits or the restoration of lost documents.  

The increase in the number of such cases is due to a number of factors: hostilities, migration processes, destruction of archives, imperfection of the civil registration system in the past.  

In such conditions, the judicial procedure for establishing the fact of family relations turns into an important tool for protecting the rights of citizens.  

The concept of family relations in law  

Family relations are defined as blood, marriage or other legally recognized ties between individuals.  

According to Article 3 of the Family Code of Ukraine, the family is based on marriage, consanguinity, adoption and other grounds provided for by law. Thus, relatives include both persons related by descent from common ancestors and those who acquired such status as a result of adoption or marriage.  

According to the practice of the Supreme Court, the facts of family relations can be established in court not only between parents and children, but also between brothers, sisters, grandfathers, grandmothers, grandchildren, etc.  

Legal significance of establishing the fact of family relations  

The presence of family ties may be necessary for:  

  •  inheritance  (Articles 1261–1265 of the Civil Code of Ukraine),  
  • receiving social benefits in connection with the loss of a breadwinner,  
  • confirmation of belonging to the family of a serviceman to receive guarantees,  
  • correction of entries in registers 
  • obtaining citizenship or a residence permit  (if we are talking about family reunification).  

Without confirmation of such relations, a person is actually deprived of the opportunity to exercise his rights.  

Regulatory Regulation in Ukraine  

Key acts:  

  1. Civil Procedure Code of Ukraine (Articles 315–319).  
  2. Family Code of Ukraine (Articles 3, 125–128, 232).  
  3. Civil Code of Ukraine (Book VI, Inheritance Law).  
  4. Law of Ukraine “On State Registration of Civil Status Acts”.  
  5. By-laws of the Ministry of Justice regulating the procedure for issuing and restoring act records.  

Judicial practice of Ukraine  

Judicial practice confirms the importance of this institution.  

  • Resolution of the Supreme Court dated 15.06.2021 in case No. 235/682/19: the court emphasized that establishing the fact of family relations is possible only in the absence of the possibility of obtaining documentary evidence.  
  • Resolution of the Supreme Court dated 12.03.2020 in case No. 756/2433/17: the fact of fraternal relations was established on the basis of witness testimony.  
  • Resolution of the Civil Court of Cassation dated 09.11.2022 in case No. 127/4234/21: the court recognized that discrepancies in the transliteration of the surname are not an obstacle to establishing the fact.  

Practice of the ECtHR and the CCU  

The European Court of Human Rights has repeatedly emphasized that family relations are covered by the guarantees of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms 

In the case of Marckx v. Belgium (1979), the Court noted that the State is obliged to provide effective mechanisms for confirming family relations.  

The Constitutional Court of Ukraine in its decision No. 5-rp/2012 emphasized that the right to a family is a constitutional guarantee, and therefore, any doubts should be interpreted in favor of the protection of individual rights.  

Comparative legal analysis  

  • Poland: In similar cases, the courts establish the “status of family ties” (ustalenie pokrewieństwa), which has consequences for inheritance.  
  • Germany: the procedure is regulated in family procedural law; DNA examinations are often used.  
  • France: it is allowed to prove family relations both by documents and witness testimony.  

Thus, international practice confirms that establishing the fact of family relations is a universal institution.  

If documents on birth, marriage, adoption or name change are lost, destroyed or contain significant errors, it becomes necessary to establish this fact in court. The implementation of the right to a family, inheritance, social protection, and raising children depends on the correctness and timeliness of such a case.  

Legislative regulation in the Family Code  

Origin of the child  

Articles 125-128 of the Criminal Code regulate the procedure for establishing the child’s parentage from the mother and father.  

In cases where the birth record is absent or unreliable, the court may establish the fact of family relations as proof of origin.  

Adoption  

According to Art. 211-218 of the Criminal Code, adoption is allowed only in the absence of close relatives capable of raising a child. Therefore, establishing the fact of family relations may affect the decision on adoption.  

Alimony obligations  

The Criminal Code provides for the obligation of parents to support children (Article 180), and children to support disabled parents (Article 202).  

If the relationship is in doubt, the judicial establishment of the fact of family relations becomes necessary for the recovery of alimony.   

Procedural Features of Consideration of Cases  

Nature of the proceedings  

Such cases are considered in a separate proceeding (Chapter 15 of the Code of Civil Procedure of Ukraine). They are not a dispute about the law, but their consequences directly affect family legal relations.  

Evidence  

In cases of a family nature, courts take into account not only official documents, but also:  

  • the results of DNA examination;  
  • testimony of witnesses about upbringing or cohabitation;  
  • medical certificates;  
  • documents from educational institutions on the indication of parents;  
  • joint photos, correspondence.  

Specifics of proof  

Unlike inheritance cases, where the main thing is documentary evidence, in family law  the actual behavior of persons is of great importance: who raised the child, who provided maintenance, how relatives recognized each other. 

Judicial practice in the field of family legal relations  

Establishing paternity  

In the resolution of the Supreme Court dated 19.01.2021 in case No. 308/3762/18, it was emphasized that establishing the fact of paternity is possible on the basis of both DNA examination and other evidence, in particular cohabitation and upbringing of a child.  

Adoption  

In case No. 756/11234/17 (resolution of the Supreme Court dated 21.04.2020), the court recognized that the presence of living relatives of the child, confirmed in court, may be the basis for refusing to satisfy the application for adoption.  

Alimony  

In the resolution of 03.11.2022 (case No. 127/3425/20), the Supreme Court noted that alimony obligations can be imposed only after confirmation of family relations in court.  

International standards   

The European Court of Human Rights considers that family relations are covered by the right to respect for private and family life (Article 8 of the Convention).  

In the case of Keegan v. Ireland (1994), the ECtHR emphasized that even actual family relations that are not documented are subject to protection. This is consistent with the practice of Ukrainian courts, which take into account the behavior of individuals and their attitude towards each other.  

If you have a need to establish the fact of family relations, we advise you not to hesitate and seek professional help.  

Prikhodko & Partners Law Firm has significant experience in family and inheritance cases, successfully represents clients’ interests in courts of all instances and provides a full range of legal support. 

By contacting the company’s specialists, you will receive qualified advice, assistance in preparing documents and effective protection of your rights.  

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