Attorney
Specializes in civil and family law. Experience in civil service in the field of DRACS (State Registration of Civil Status Acts) helped to better master the subtleties of civil and family and inheritance law. Also researches the inheritance law systems of continental Europe and the USA (I write scientific articles to enter graduate school)
Recognition of paternity through the State Civil Registry Office
Recognition of paternity is often perceived as a purely technical procedure. In fact, a lot depends on this decision: alimony, inheritance, the ability to officially confirm family ties abroad, the father’s participation in the upbringing of the child, paperwork, and even the right to leave.
Ukrainian legislation provides two main ways: to recognize paternity through the State Civil Registry Office on a joint application or to go to court.
In this article, we will focus on the procedure through the Civil Registry Office and explain in which cases a lawyer usually joins the judicial process.
Recognition of paternity when registering birth
The simplest option: the mother and father of the child are not married, but the husband recognizes the child as his own. On the day of birth registration, or shortly after it, parents can apply to the department of state registration of acts of civil status and submit a joint application for recognition of paternity.
In fact, this means that at one point two issues are resolved: birth registration and entering information about the father. The birth certificate immediately indicates the child’s name, surname and patronymic, taking into account the will of the parents.
In the future, such a child has the same legal status as a child born in marriage.
For parents, this is the least conflicting and fastest way: there is no trial, there are no lengthy evidentiary procedures, there is a simple administrative action through the State Civil Registration Service.
Recognition of paternity after birth registration
Often there is another situation: the child already has a birth certificate, but there is no real data in the “father” column. The information was entered according to the mother’s words in accordance with part 1 of Art. 135 of the Family Code of Ukraine.
After a certain time, the child’s father is ready to officially recognize paternity. If there is an agreement between the parents, this can also be done without a trial. You need to apply to the State Civil Registry Office with a joint application.
An employee of the state registration authority of civil status acts will make changes to the birth record: data on the father, patronymic, and, at the request of the parents, will also change the child’s surname.
After that, the child receives a new birth certificate, the old form is withdrawn and destroyed, canceled in the register, and the State Register of Civil Status Acts already contains updated information about the father.
It is important that as a result of such a procedure, the child acquires a full range of rights in relation to the father, including the right to maintenance and inheritance.
Recognition of paternity in relation to an adult child
A separate block of questions concerns situations when the “child” is already well over 18. Many people think that after adulthood it is no longer possible to recognize paternity. This is a mistake.
If there is mutual understanding between all parties, paternity can also be recognized in relation to an adult. Another thing is important: an adult daughter or son is already legally capable, so their participation in the procedure is mandatory.
In practice, it looks like this:
- A person who is recognized as a child of a particular man submits an application, as does the father and, if necessary, the mother.
- If the surname or patronymic changes, the adult gives written consent to this.
- After making changes to the act record, a new birth certificate is issued with data on the father.
Such recognition is sometimes required for registration of inheritance, confirmation of family ties abroad, implementation of social rights, for example, receiving a pension in connection with the loss of a breadwinner or other payments.
Consent of a child after 7 years to change the surname
Recognition of paternity is often combined with the issue of changing the surname. If the child has previously borne the mother’s surname, and after the recognition of paternity, the parents want him to have the father’s surname, the age of the child must be taken into account.
Up to the age of seven, the decision on the surname is made by the parents. After seven years, it is possible to change the surname only with the consent of the child. The employee of the State Civil Registry Office must make sure that the child really understands what is happening and does not object to the change.
Therefore, if you plan not only to recognize paternity, but also to change the surname, it is worth preparing the child psychologically in advance and explaining why exactly you are offering a new surname, how it will affect his documents and future life.
Terms of consideration and result
Applications related to amendments to civil status records, including in connection with the recognition of paternity, are generally considered within a few weeks.
In practice, simple cases, when all documents are available, and act records are stored in the same department, are most often performed within about 15 days.
The result is not just a paper form of the certificate, but a legally significant change in the State Register. It is these data that further confirm family ties at the notary, in court, in consular offices abroad, in migration authorities, during the registration of social benefits and inheritance.
When you can’t do without a trial
The procedure through the Civil Registry Office is possible only when the child’s father voluntarily agrees to recognize paternity, and the mother does not object.
If the father refuses to submit a joint application, does not formally recognize the child, it is necessary to establish paternity after his death in order to register the inheritance, as well as when the person is missing, is in the occupied territory or abroad and there is no way to obtain his voluntary application, then you have to go to court.
In such cases, the court analyzes all possible evidence, including joint photos, correspondence, testimonies of acquaintances, data on financial assistance, confirmation of actual family relations and, if necessary, appoints a DNA examination.
Only after the court decision comes into force, the department of the State Civil Registration Service, on its basis, makes changes to the birth record. The procedure is formally similar: a real father appears in the birth registration act, the patronymic changes, the surname may change, and a new certificate is issued.
But the path to this result is much more complicated than a simple joint statement.
The Role of a Paternity Attorney
A lawyer can join already at the stage of applying to the State Civil Registration Service.
Even when it seems that everything is simple, questions arise: which department to choose, if the parents live in different cities where the act record is kept, how to correctly formulate the application, what documents to attach, how to solve the issue of changing the surname and patronymic.
A lawyer will help:
- Assess your situation and advise whether it is possible to limit yourself to the State Civil Registration Service or whether it is advisable to immediately prepare a lawsuit.
- Prepare a full package of documents to avoid refusal or delay.
- Coordinate actions if some of the documents are issued abroad and require translation or apostille.
- Assess how the recognition of paternity will affect alimony, inheritance and subsequent family disputes.
Most often, legal support concerns the judicial recognition of paternity, when the father does not recognize the child, disputes his paternity, died before registration or went missing.
In such cases, it is important to choose the right grounds for the claim, form an evidence base, initiate an examination, and after receiving a court decision, carry out the entire procedure for amending the act record and update the child’s documents.
If you find yourself in a situation where you need to recognize paternity, you should not postpone this procedure indefinitely.
Recognition of paternity through the State Civil Registration Service, with consent, is relatively fast, within about 15 days, and the result is the full legal registration of real family relations. If there is no consent, the lawyer will help prepare for the trial and protect the interests of your child as professionally as possible.
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Are you a single mother and the father has not officially recognized the child?
2 question
The child's father is a foreigner and there are difficulties with recognizing paternity through the State Civil Registry Office
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Do you need to recognize paternity to apply for alimony, documents or inheritance?
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