What documents are needed to establish paternity in 2020?

Family law > Parental rights > List of documents to establish paternity

Establishing a relationship between father and child requires passing a genetic examination established by law.

In order for the court to allow this procedure, the applicant needs to collect a package of documents. It must be submitted to the court for consideration.

We will try to figure out what documents are needed to establish paternity to confirm family ties with your child.

Who has the right to initiate the establishment of paternity in court?

Establishing paternity is an official procedure in which a man receives all the rights of a parent in relation to a child, as well as responsibilities for his maintenance and upbringing.

The RF IC provides for the possibility of recognizing paternity both administratively (with the consent of both parents) and in court. At the same time, resolving the issue administratively is possible in cases where parents:

adults;
are not deprived of parental rights;
capable;
not declared missing by the court;
did not die or died;
both agree to administrative recognition of paternity.

In other cases, establishing paternity is possible only through the court, and a legal dispute over paternity has no statute of limitations.

The following categories of citizens have the right to apply to court to establish paternity:

one of the baby's parents;
the child himself upon reaching the age of majority;
department of guardianship and trusteeship;
legal representative of a child who is a minor or incompetent (guardian or trustee);
any person with whom a minor lives and who supports the child and is involved in his upbringing.

Briefly about confirming family ties

The procedure for acknowledging paternity is required to give a man paternal rights to children. It is required if the mother and father were not in a registered marriage union.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

If the mother and father are married, then information about the father is entered on the basis of the marriage certificate. If the union is dissolved, but the child was born within 300 days from the date of registration of the divorce, then the information is entered based on the stamp in the mother’s passport and the document on dissolution of the union.

The procedure is carried out both with the consent of the parents and against the will of one of them. The law regulates the possibility of recognizing paternity even in the event of the death of one of the parents.

Regardless of the method of establishing paternity, the initiator must prepare a certain list of documents. Let's consider what a citizen must provide in order to recognize a family relationship with a child.

Conditions for establishing paternity in court

According to Art. 49 of the RF IC, a judicial procedure for establishing paternity is possible if:

parents are not officially married;
the procedure at the registry office is impossible, since the mother does not give her consent;
the father does not recognize the relationship with the baby;
Guardianship and trusteeship authorities do not give consent to establish paternity.

The consent of the OOP is necessary if the initiator of the procedure is the biological father of the child, and the mother cannot give consent to the procedure due to the fact that she:

died;
declared incompetent;
is wanted;
declared missing;
deprived of parental rights.

Both the mother and the father of a minor may need to establish paternity in court:

A woman usually files a lawsuit in order to force the father to formalize the relationship with the child and prove the need for him to fulfill his duties, including the maintenance of the baby (receiving alimony).
Men usually have slightly different reasons for going to court - they demand restoration of their parental rights in raising a minor, as well as in communicating with him. It is no secret that some mothers, for a number of reasons, refuse to allow the biological father to communicate with the baby.

The procedure for establishing the origin of children

If the presumption of paternity is not established by law, paternity can be established voluntarily or forcibly.

1. Voluntary establishment of paternity

Voluntary paternity means a man’s recognition of the fact that the child is his. This fact can also occur in cases where the man is not the biological father, for example, due to the use of artificial methods of human reproduction, surrogacy.

Voluntary paternity is established by submitting a joint application to the registry office by the father and mother of the child. Recognition of paternity is irrevocable from the moment when the corresponding entry is made in the civil registration book.

The record of paternity can only be challenged in court, in accordance with Art. 52 of the RF IC, for example, if it turns out that the man recorded as the child’s father is not the actual father. However, if at the time of recording paternity the applicant knew about this, then he subsequently cannot challenge the recording made, referring to these circumstances, as well as when using methods of artificial human reproduction, referring to this circumstance.

If the mother refuses to submit a joint application, the child’s father has the right to demand that paternity be established in court in accordance with Art. 49 RF IC.

A record of the father of a child born out of wedlock is made with the consent of the mother, which is expressed in a joint written statement by the mother and father of the child. A joint application to establish the paternity of the father and mother of the child is submitted by them in writing to the civil registry office at the place of residence of the father or mother of the child or at the place of state registration of the child’s birth.

A joint application to establish paternity may be submitted during state registration of the child’s birth, as well as after such registration, in connection with which changes may be made to the child’s birth certificate.

It is necessary to take into account that establishing paternity in relation to a person who has reached the age of 18 years (the age of majority) is allowed only with his consent, and if such a person is declared incompetent, with the consent of his guardian or guardianship authority. The consent of a person who has reached the age of majority can be expressed in a separate statement or by signing a joint statement of the father and mother (or only the father).

In some cases, provided for in paragraph 3 of Art. 48 of the RF IC, paternity is established upon the application of only the child’s father with the consent of the guardianship and trusteeship authority, and in the absence of such consent, by a court decision. These cases are provided for in paragraph 3 of Art. 48 of the RF IC, namely:

death of the child's mother (confirmed by death certificate);
recognition of her as incompetent (confirmed by a court decision);
the impossibility of establishing her whereabouts (for this there is no need to submit a court decision declaring her missing, a corresponding certificate from the internal affairs bodies is sufficient);
deprivation of her parental rights (confirmed by a court decision).

Limitation of parental rights, restriction of legal capacity, or failure to reach the age of 18 years do not entail the consequences listed above.

The consent of the guardianship and trusteeship authorities is necessary in order to avoid a situation where an application to establish paternity is submitted for selfish purposes in order to extract any benefits without the goal of caring for the child and raising him. In the event that the guardianship and trusteeship authorities do not give appropriate consent, paternity is established in accordance with Art. 49 of the RF IC in court within the framework of claim proceedings.

In cases where filing a joint application to establish paternity after the birth of a child may be difficult or even impossible, for example, if the father is drafted into the army or is planning a long business trip, in the event of a serious illness of the father, future parents can submit an application to the registry office in during mother's pregnancy.

A record of the child's parents can be made after the birth of the child. A new application is not required if, before the state registration of the child’s birth, the previously submitted application was not withdrawn by the father or mother. Before the birth of the child, either parent can withdraw the application. However, such a statement may subsequently be evidence of forced recognition of paternity in accordance with Art. 50 IC RF.

2. Forced establishment of paternity

If a child is born to parents who are not married to each other, and in the absence of a joint statement from the parents or a statement from the child’s father, the child’s origin from a specific person (paternity) is established in court (Article 49 of the RF IC)

Forced establishment of paternity in court takes place if the following conditions are met:

the child was born out of wedlock;
the father evades the voluntary establishment of paternity by submitting a joint application with the mother or an independent application (in the event of the death of the mother, her recognition as incompetent, the impossibility of establishing her whereabouts, deprivation of parental rights);
the mother refuses to submit a joint application.

Most paternity disputes occur at the initiative of the child's mother or dependent persons. The reason for such claims is the father’s refusal to submit a joint application with the mother to establish paternity. Paternity is established in court in lawsuit proceedings in accordance with the norms of the Civil Procedure Code of the Russian Federation.

An application to establish paternity can be submitted:

one of the parents (minor parents can independently file a claim to establish paternity from the age of 14);
guardian (trustee) of the child;
the person who is dependent on the child;
by the child himself who has reached adulthood.

Cases to establish paternity are considered by district courts (Article 24 of the Code of Civil Procedure) within 2 months from the date of receipt of the application to the court. Territorial jurisdiction is determined at the choice of the plaintiff or at the place of residence of the defendant (Part 3 of Article 29 of the Code of Civil Procedure). The defendant in such categories of cases is, as a rule, the putative father if he refuses to voluntarily establish paternity, and less often the mother - if she prevents the submission of a joint application to the registry office.

According to Art. 49 of the RF IC, when establishing paternity, the court takes into account any evidence that reliably confirms the origin of the child from a specific person, including examination data. The list of evidence is given in Part 1 of Art. 55 Code of Civil Procedure of the Russian Federation. These include explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, and expert opinions.

The collection of evidence is usually carried out at the stage of preparing the case for trial. When preparing a case to establish paternity for trial and during the consideration of this case, the court, in order to clarify issues related to the origin of the child, has the right, taking into account the opinions of the parties and the circumstances of the case, to order an examination.

Currently, there are types of examinations that allow paternity to be established with a high degree of accuracy. These include, for example, genetic fingerprinting (using DNA, which contains a genetic code that is individual for each person: the child’s DNA always combines the characteristics of the father’s and mother’s DNA), analysis of amniotic fluid (water during pregnancy).

The conditions and procedure for conducting the examination are determined by Order of the Ministry of Health and Social Development of Russia dated May 12, 2010 N 346n “On approval of the Procedure for organizing and conducting forensic medical examinations in state forensic institutions of the Russian Federation.” Molecular genetic expert research on the controversial origin of children answers the questions:

Paternity/maternity of a given individual in relation to a given child (fetus) is excluded or not excluded;
If paternity/maternity is not excluded, then what is the probability that the result obtained is not the result of a random coincidence of individualizing characteristics of persons who are not relatives?

The expert opinion on the issue of the origin of the child is one of the pieces of evidence that must be assessed by the court in conjunction with other evidence presented in the case, since no evidence has pre-established force for the court.

If the examination is entrusted to several experts who gave their own conclusions, the reasons for agreement or disagreement with them must be given in the court decision separately for each conclusion.

The failure of a party to appear at an examination in a case of establishing paternity, when it is impossible to carry out the examination without this party, or the failure to provide the experts with the necessary research items do not in themselves constitute an unconditional basis for the court to recognize as established or refuted the fact for the clarification of which the examination was appointed. This issue is resolved by the court in each specific case, depending on which party, for what reasons, did not appear for the examination or did not present the necessary research items to the experts, as well as what significance the examination conclusion has for it, based on the evidence available in the case in its totality .

According to Part 3 of Art. 79 of the Code of Civil Procedure of the Russian Federation, if a party evades participation in the examination, fails to provide experts with the necessary materials and documents for research, and in other cases, if, due to the circumstances of the case and without the participation of this party, it is impossible to carry out the examination, the court, depending on which party evades the examination, and also, whatever significance it has for her, she has the right to recognize the fact for the clarification of which the examination was appointed as established or refuted.

The evidence the court uses to establish paternity depends on when the child was born. Considering that the Family Code of the Russian Federation, as a general rule, does not have retroactive force, the norm of Art. 49 of the RF IC applies only to disputes about establishing paternity in relation to children born on March 1, 1996 and later. In relation to children born before the entry into force of the Family Code, the court, when deciding the issue of paternity, must be guided by Part 2 of Art. 48 CoBC of the RSFSR, taking into account the joint residence and management of a common household by the child’s mother and the defendant before the birth of the child, or joint upbringing, or their maintenance of the child, or evidence reliably confirming the defendant’s recognition of paternity.

Algorithm of actions

Legal proceedings to recognize family ties are among the most complex and confusing. Therefore, before filing a paternity claim, it is necessary to carefully prepare. The algorithm of actions is as follows:

Collection of necessary evidence.
Preparation of a statement of claim.
Transferring the claim to court.
Participation in court hearings.
Receipt of a court decision that has entered into force.
Visit the registry office to make changes to the birth record and obtain a new birth certificate.

Let's take a closer look at the procedure.

Step one . Gathering the necessary evidence and preparing a statement of claim. The most critical period of preparation for a legal dispute - its decision will depend on what evidence you provide in court. If the plaintiff cannot find significant evidence of a family connection, the court will refuse to satisfy the claims.

It is also necessary to approach the preparation of the statement of claim carefully. It must be written in legally competent language; the use of slang words and offensive definitions in the text of the document is unacceptable.

Step two . Going to court. It is important to comply with jurisdiction. The statement of claim is filed with the district (city) court at the place of residence of the defendant or plaintiff. There are two ways to file a claim:

visiting the court office;
by sending a package of documents by registered mail with acknowledgment of receipt by mail.

The first option is preferable, since the office employee will immediately check the presence of all the necessary documents and, if some of them are missing, will immediately point out this fact. You will have a certain time to add the missing ones.

Important. It is necessary to submit several copies of the claim at once, at least three. One copy remains with you, the second is taken by the court, and the third is given to the defendant in the case. If third parties are expected to participate in court, for example, a representative of the guardianship and trusteeship authorities, then it will be necessary to print out another copy of the claims.

Step three . Participation in court hearings. First, preliminary hearings are held, at which the court gives the parties a chance to resolve the problem amicably. If at this stage the parties can agree, then a settlement agreement is signed, and this ends the trial.

If the parties cannot agree, the judge sets a date for the main trial. Sometimes substantive hearings take place immediately after preliminary hearings, on the same day. After the court decision is made, the parties are given one month to appeal the court decision to a higher authority. If neither party has filed an appeal against the court decision, after 30 days it comes into force.

Step four . Registration of paternity. After the court decision has entered into legal force and the plaintiff has received the document in hand, he contacts the civil registry office and writes an application for state registration of paternity based on the court decision. A certificate of paternity is issued on the day the applicant applies to the registry office.

Where to file paternity documents

The list of required documentation is selected depending on the specific situation and the selected type of procedure.

In the court where this issue will be considered, the plaintiff will be required to confirm his identity and provide information about the child.

Documents to establish family ties are submitted to the court at the place of residence of the plaintiff or defendant . The list of documents along with the statement of claim is sent through the local court office or by registered mail.

Depending on the individual situation, claims are drawn up according to a standard template or independently. Samples can be found on display in court.

The petition must be drawn up in triplicate. One claim is for the applicant, the second is transferred to the defendant, the third is sent to the judicial authority.

The applicant must express his will in the form of a statement of claim or a written appeal.

It should indicate:

the name of the court where you are filing the claim;
your data and information about the defendant: Full name, home and email address, contact phone number;
information about the child: full name, date of birth, birth certificate details;
evidence that confirms the relationship between father and child;
petition for recognition of paternity;
case description.

The following package of documents must be attached to the claim:

child's birth certificate;
request for a genetic examination;
consent to conduct DNA research;
application for the involvement of witnesses;
check for payment of state duty.

After reviewing the documents and materials of the case, the judge makes a decision . After its acceptance by the court, it comes into force.

The parent can contact the Registration Department to register the document.

To do this, he must provide a claim, a court decision and a paid receipt for the state duty. For 2020 it is 350 rubles .

The corresponding entry will be made on the birth certificate, and the defendant will be issued a certificate.

1 comment on the article “List of documents to establish paternity”

05/15/2019 at 17:00
Marina writes:
Hello, if my common-law husband and I agree that my common-law husband is the father of our child, and there are witnesses that we have been living together for 4 years, our child is 2 years old. Is it possible to establish paternity through a court without a DNA test? It’s very expensive... At the birth, we were refused to register him as his father because I don’t have a valid document to write the necessary statement.
Answer

Preparation of evidence

Before the trial, the plaintiff must prepare indisputable evidence of paternity, which may include:

documentary evidence;
witness's testimonies;
evidence in the form of audio, photo and video documents;
It is also advisable to apply for a genetic examination.

Documentary evidence may include:

Documents evidencing joint household management during the expected period of pregnancy, which may include: bank statements;
receipts for joint purchases;
fact of registration in one residential premises, etc.

Medical certificates, for example, stating that the alleged father underwent a special medical examination during the pregnancy of the child’s mother.

Letters, telegrams, notes, correspondence on social networks, from which one can conclude that the man is the father of the child.

Photos of father and baby together.

Collaborative videos.

Mother's exchange card, in which there is an entry about the man as the child's father. If such a card is not on hand, then it can be requested by the court at the request of the plaintiff at the medical institution where the woman gave birth.

Witnesses in a lawsuit can be persons who confirm that the couple lived together during the alleged period of conception, or that the man in some way recognized his relationship with the baby. The following may act as witnesses in the case:

relatives;
Friends;
neighbours;
kindergarten teachers or school teachers;
a pediatrician, if the father visited a medical facility with the child.

If the court considers that the evidence presented is insufficient, it can independently order a genetic examination. But the plaintiff does not have to wait for the court to order a DNA examination, but rather petition for its appointment in the statement of claim. The defendant can also initiate the examination.

Example

Lydia Petrova filed a claim in court to recognize Oleg Evstafiev as the father of her young daughter. As evidence of the defendant’s relationship with the girl, she presented photographs of them together. Two witnesses also testified in court and confirmed that they often saw the man walking with the girl when she was just a baby.

Oleg did not recognize paternity and, in turn, petitioned the court to order a genetic examination. He explained his refusal to acknowledge paternity by the fact that he could not be a father due to the fact that he had mumps in childhood and was now infertile and stated that he had never told the plaintiff about this fact because he was embarrassed to admit his infertility. Yes, he spent a lot of time with the baby, became attached to her, but after breaking up with Lydia, he does not want to bear any financial responsibility for the maintenance of the girl. As evidence, he presented to the court an extract from his medical history.

The court ordered a DNA examination, which revealed that the man actually had nothing to do with the girl. The claim was denied.

Drawing up a statement of claim

The statement of claim to the court must contain the following information:

the name of the court in which the claim is filed;
information about the plaintiff (full name, registration address and telephone number);
information about the defendant (in the same order);
information about third parties, if their participation is expected;
name of the claim;
information about the child, including the date of his birth and the relationship between his parents;
information that the child’s father refuses to recognize him voluntarily;
references to laws and regulations on the basis of which the applicant files a claim;
claim;
a numbered list of documents attached to the claim;
plaintiff's signature and date.

Several demands may be voiced in one statement of claim. For example, in addition to a petition to establish paternity, the following requirements may be submitted:

about changing the surname and patronymic of a minor;
on the collection of alimony;
on ordering a DNA examination;
for reimbursement of expenses incurred by the plaintiff in connection with the trial.

Example

Svetlana Lvova filed a claim in court to establish a family connection between her minor son Denis and citizen Dmitry Solovyov. Along with this, she also made a demand to change the child’s surname and patronymic. By decision of the court, the paternity of Solovyov in relation to Denis was established, in addition, the boy received the surname Solovyov and patronymic Dmitrievich.

Important. Even if the court established a blood relationship between the father and the child and alimony was awarded for the maintenance of the minor, the mother cannot file a petition for alimony for herself, as happens in the case of an official marriage if the child is under three years old. The rights and responsibilities of the child’s parents are not related to the presence of children together; they arise exclusively when they enter into an official marriage.

Referral to a judicial authority

The determination of jurisdiction directly depends on how exactly the claims were filed:

In cases where the claim contains only demands to establish paternity and there are no requests for financial support, or paternity is established in relation to an adult child, the claim is sent to the district (city) court at the place of registration of the child or his alleged father.
If, in addition to the requirements to establish paternity, the applicant applies for the assignment of child support obligations, the statement of claim is sent to the place of residence of the minor.

Trial and DNA testing

In cases where the plaintiff has not provided sufficiently strong evidence, a genetic examination may be prescribed, which guarantees the establishment of paternity with a probability of 99.9%, or, if there is no relationship, the result will be 0%.

The examination is carried out in a specialized laboratory that has the appropriate license. A specific laboratory is selected by the court based on its territorial proximity to the court in which the case is being heard.

The examination is paid for by the person applying for it. If the study is ordered by the court, then payment for the examination can be made from the budget or assigned to the plaintiff. The court, in accordance with the petition of the plaintiff, when making a positive decision, may assign reimbursement of all monetary costs of the plaintiff (or part of the costs) to the losing party.

Important. Genetic testing is not necessary. If the plaintiff has provided sufficient evidence of paternity, the court does not need to support it with an expensive examination.

Forced conduct

The law does not allow forced DNA testing. The court has the right to appoint one, but no one has the right to deliver any of the parties to the place of examination and force it to hand over biological material.

The failure of one of the parties to appear at the medical laboratory may do a disservice to the careless father, who thus decided to “evade” establishing paternity. If there is other evidence, the court may consider refusal to submit biomaterial as recognition of paternity and establish it by default. On the other hand, the legislation does not define failure to appear at a medical laboratory as an a priori recognition of paternity.

In other words, if there is other compelling evidence of paternity, a refusal to undergo a DNA test can be recognized by the court as recognition by the potential father of his relationship with the minor. If such evidence is clearly insufficient, and the man refuses to undergo a genetic examination, the court is unlikely to take the plaintiff’s side.

The second important factor: DNA research is one piece of evidence among many others.

For example, a lot of documentary evidence and testimony indicate the paternity of a man, in this case a positive DNA test will become decisive evidence, but only in conjunction with others.

How long does the trial last?

Depending on the specific situation, the duration of the process can vary from several months to a year or more. Eg:

from the date of filing the statement of claim until the decision to schedule preliminary court hearings is usually five days;
preliminary hearings are scheduled within 30 days from the date of filing the claim;
the court hearing is scheduled within 30 days from the date of the preliminary conversation with the parties;
a determination to conduct a genetic examination is made within 14 days;
the study itself is carried out within 30 days;
DNA test results are sent within three days;
after receiving the results of the study, a second meeting is scheduled within 30 days;
The court decision comes into force 30 days after it is made.

Documentation for recognition of paternity with the consent of the father

The law provides for the possibility of recognizing a blood relationship with a child out of court.

The following options are possible:

mother and father jointly apply to the registry office;
the father applies with the consent of the district guardianship department (if the mother is dead, deprived of her rights, put on the wanted list).

The procedure includes contacting the civil registry office at the place of birth registration or the MFC. The result of the appeal will be changes to the birth record.

In addition, the minor receives a new birth certificate. Changes are made to the “Patronymic” column. Changes to the “Last name” column are made by decision of the parents. If the minor has reached 10 years of age, then his consent is a prerequisite.

Important! Paternity is considered determined from the day following the day of application to the registry office.

List of documents

List of documents for applying to the registry office for the purpose of recognizing paternity with the joint consent of the parents:

passports of mother and father;
birth certificate of a minor (if the procedure is carried out after registration of birth)
medical certificate of birth (if the procedure is carried out in conjunction with birth registration;
pregnancy certificate (if the procedure is carried out before birth);
opinion of a child aged 10 years or more;
the opinion of the guardian (if the procedure is carried out in relation to a ward or incompetent);
receipt of payment of duty.

In 2020, the state duty is 350 rubles. (Article 333.26 of the Tax Code of the Russian Federation).

List of documentation for establishing kinship through the registry office on the initiative of the father with the consent of the guardianship authority:

father's passport;
resolution of the guardianship authority;
birth certificate or certificate;
document about the death of the mother;
a court decision on deprivation of maternal rights, legal capacity or recognition as missing;
receipt of payment of duty.

The procedure for obtaining permission from the guardianship department

If the mother cannot confirm the man’s paternity, the issue will be resolved with the consent of the district guardianship department. To obtain a resolution, you must contact the department located at the place of permanent registration of the child.

Important! The procedure for obtaining consent may vary slightly depending on the region of application. The issue of guardianship and trusteeship has been transferred to the jurisdiction of the constituent entities of the Russian Federation. Therefore, the list of documents must be clarified in the specific guardianship department.

An approximate list of documents for obtaining guardianship consent:

father's passport;
birth certificate or certificate of a minor;
document about the death of the mother;
information about the absence of maternal rights;
certificate F25 (if available);
information about the child’s registration;
consent of a child aged 10 years and older;
Statements from the mother's relatives regarding consent to establish paternity.

Documents are subject to review within 15 days. The local government authority issues a positive or negative response in the form of a municipal decision.

Legal consequences

From the moment the court decision comes into force, the man is officially considered the father of the child. From this moment on, the father has the right to:

communication with the child;
participation in his upbringing and training;
receiving various benefits (if the child is placed in the care of the father);
registration of a maternal certificate (if there are grounds for this);
receiving alimony from an adult able-bodied child if necessary;
inheritance of a child’s property in the event of his death.

In addition to rights, the father receives responsibilities for the maintenance of his son or daughter.

In turn, the child receives the right to:

financial support from the father until he comes of age, or, in case of incapacity - for life;
receiving a survivor's pension in the event of the death of a parent;
inheritance of the father's property in the event of his death.

Review of court decisions and judicial practice

Extensive judicial practice on claims to establish paternity and Russian legislation on family issues allow us to draw certain conclusions and highlight some nuances:

Filing a claim to establish paternity is possible only in cases where the baby’s parents were not officially married and only when there is no mutual desire of the parents to establish a relationship voluntarily.
If another man is already entered in the “father” column of the minor’s birth certificate, in order to establish a relationship, it is first necessary to challenge the existing paternity and only then file a claim to establish a new one.
In cases where the defendant in the case is a citizen of another state, the issue of establishing paternity is regulated by the Russian judicial authorities.
In cases where the family connection was established after the child became an adult, alimony for the disabled father cannot be recovered in court. But an adult son or daughter can independently pay funds for the maintenance of a disabled parent voluntarily.

Establishing a relationship between a man and a minor is a rather complicated procedure. Each of its stages is so important that any mistake can lead to irreversible consequences. That is why lawyers advise not to start the procedure yourself. It is advisable, at least at the first stage, to seek help from an experienced family law lawyer. Remember that the sooner you seek legal advice for help, the greater the likelihood of a positive court decision for you.

You can get advice from the lawyers on our website. To do this, all you need to do is call or describe your situation in the feedback form.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then

describe your situation to a lawyer in an online chat;
write a question in the form below;
call Moscow and Moscow region
call St. Petersburg and region

Save or share the link on social networks

(
1 ratings, average: 5.00 out of 5)
- FREE for a lawyer!

Write your question, our lawyer will prepare an answer for FREE and call you back in 5 minutes.

By submitting data you agree to the Consent to PD processing, PD Processing Policy and User Agreement

Useful information on the topic

State duty for establishing paternity

Any procedure for establishing paternity requires payment of a state fee to carry out the procedure....

Application to establish the fact of recognition of paternity after the death of the father

If the child’s father died without having time or without wanting to admit...

Statement of claim to establish paternity and collect alimony

It is not uncommon for children to be born to a married couple living in…

How to prove paternity out of wedlock through court

Every year the number of children born into single-parent families is either...

How to establish paternity and collect child support

A woman who gave birth to a child outside of marriage, and upon receipt of a certificate...

Voluntary renunciation of paternity

Every person has a father and mother - his biological...

When is paternity establishment necessary?

If the child’s parents are officially married, then no problems arise with registering the child. The husband of the woman who gave birth is automatically entered into the “father” column of the child’s birth certificate; moreover, even if the marriage has already been dissolved, then within 300 days after the official divorce, the registry office authorities by default enter the father of the ex-husband of the baby’s mother in the birth certificate. That is, the spouse (former or current) is a priori recognized as the father of the child.

Registration of a new citizen occurs in a completely different way if the child’s parents are not legally married, in which case there are the following options for establishing paternity:

voluntary application of the child’s father to the civil registry office with a request to enter the baby born by his father into the birth certificate;
forced establishment of paternity if the biological father does not want to officially recognize the child as his child (there are cases when, on the contrary, the child’s mother does not want to indicate the real father on the child’s birth certificate);
special legal proceedings when the child’s father died, and the mother, immediately after the birth of the child, or after some period of time, decided to legally establish the paternity of the deceased for her child;
according to a simplified procedure at the request of the father through the registry office, if the child’s mother is absent or has died;
There are cases when there is no mother and child, and the father does not want to recognize him; in this case, the child himself (if he has reached the age of majority), or the educational institution, the guardians of the minor, the educational institution where he is kept, can initiate a lawsuit for recognition of paternity. yes, any legal representative of a minor child.

State registration of paternity establishment

What is “state registration of paternity establishment”? This is a procedure according to which information about the father is entered into the birth certificate of a child, if his parents are not officially married.

The father's record is made:

On the initiative of both parties . The procedure is possible if the mother and father voluntarily recognize this citizen as the father of the child and submit a joint application of the established form to the registry office.
On the initiative of the father . The child's father can independently apply to the registry office with an application to establish paternity, but with the voluntary consent of the child's mother to this procedure.
In connection with the court decision that entered into legal force recognizing the citizen as the father of the child. It makes no difference who initiated this claim - the child’s mother, his father, legal representatives, or the child himself upon reaching the age of 18.

The entry is made by a civil registry office employee at the place of issue of the birth certificate, or at the place of residence of the minor’s parents.

Both parents can jointly file paternity papers in cases where:

The baby is registered and a birth certificate is issued.
The birth document has already been issued, but the father is not included in it. Parents visit the registry office and apply for the surname, first name and patronymic of the child’s father to be included in his birth certificate.
The couple is expecting a child, but entering information about the father after his birth is impossible or extremely difficult, and there are good reasons for this. For example, a father goes on a long business trip or moves to a permanent place of residence in another country and will not be able to be present when the baby is born.

It is possible to establish paternity and make an appropriate entry in the birth certificate only at the initiative of the father. Such actions are justified in the following cases:

The child's parents were not married, and his mother died without having time or not wanting to include the father on the birth certificate.
A court order was issued declaring the mother incompetent. The act has already entered into force.
There is no information about the whereabouts of the mother.
The mother has been deprived of parental rights.

The father's name can be included on the birth certificate throughout the child's life.

However, it must be remembered that until he reaches the age of majority, his legal representatives can apply to establish paternity; upon reaching the age of 18, making an entry about the father is possible only with the permission of the child.

The required package of documents will depend on the method of establishing paternity. In any case, the applicant will have to draw up a written request to establish kinship, or a statement of claim with the same requirement. In addition, any applicant will be required to provide identification documents. This is a prerequisite for any establishment of paternity: both voluntary and judicial establishment. Let's consider both options for the procedure.