Presumption of paternity - what does the legal concept mean?

The concept of presumption, literally translated from Latin, means assumption, that is, the acceptance of the legal truth of a certain fact by default, until the moment when the opposite is irrefutably proven.

In family law in European countries, as well as in Russia, the concept of presumption of paternity operates.

Let's look at what it means, when it works and how it relates to alimony.

What does presumption of paternity mean?

In relation to family law, the institution of presumption is actively used in the case of the implementation of the procedure for establishing paternity. At the legislative level, such a mechanism is enshrined in paragraph 2 of Art. 48 of the RF IC, as well as in Art. 17 Federal Law “On acts of civil status”. These norms note that the father of a newborn born during marriage, or 300 days after a divorce, is automatically recognized as the current or former spouse of the child’s mother, unless otherwise proven.

For your information

By introducing the rule of presumption of paternity into the system of legal acts, the legislator primarily proceeded from the interests and rights of the child. The woman will not have to prove the fact of relationship between the man and the baby; upon provision of the necessary documents, the registry office employees will automatically fill in the “father” column in the birth certificate.

How to contest up to 300 days after divorce?

Depending on what kind of case takes place, it is necessary to act according to different scenarios. If a woman does not want her ex-husband to be recorded on her child’s birth certificate, then one objection will not be enough. To ensure that civil registry office employees do not have time to make such an entry, you should act immediately.

There are several options for challenging paternity up to 300 days after the divorce:

1. You can submit a corresponding appeal to the civil registry office with the biological father of the child at the time of registration of the certificate. The father has the right to appear at the appropriate government agency. He can independently visit the registry office and issue a certificate of paternity. In this case, the registry office employee will enter all the required data into the document;
2. You can contact the judge. To do this, the ex-spouse should challenge his own paternity by going to court. This is possible if the man is sure that he is not the father of the newborn. An application must be submitted on the basis of which an analysis will be carried out. This is only possible with the mother's consent. If the results of the analysis show that the claim is indeed justified, then the name of the ex-spouse will not be included in the documents of the minor, and he will not be recognized as the father.

Expert opinion Irina Vasilyeva Civil law expert

It must be remembered that the law on divorce of spouses always protects the interests of the newborn child. It is for this reason that the law on children in the event of divorce establishes a rule of 300 days after a formalized divorce. But the resolution of all disputes and conflict situations falls on the shoulders of adults.

We should not forget that in all situations the current legislation, first of all, protects the interests of minors. Therefore, later you have to file lawsuits to challenge paternity if the information entered in the baby’s birth certificate does not correspond to reality.

It must be remembered that the consequences of the presumption of paternity can only be avoided in court. To do this, it is recommended to file a lawsuit to challenge paternity.

Normative base

The category of presumption of paternity is strictly regulated by the provisions of the current legislation. Detailed regulation is primarily associated with the importance of the interests of the child, which are directly affected by the procedure under consideration. In order to understand the essence of the mechanism, one should refer to the regulatory framework.

Establishing the origin of children in family law

The basis for the rights and responsibilities of parents and children is the origin of the children. Descent is the biological (blood) connection between a child and his parents. The origin of a child is considered established and becomes a legal fact if it is certified in the manner prescribed by law. This procedure is the state registration of the birth of a child in the civil registry office.

When state registration of the birth of a child, which must be carried out within one month after his birth, a record of the child’s birth certificate is drawn up, which indicates the necessary information defining the personal status of the child, as well as information about his parents. A record of parents made by the civil registry office is evidence of the child’s origin from the persons indicated in it and can only be challenged in court.

Recording of information about the child’s mother is carried out on the basis of an appropriate medical document confirming the fact of the birth of the child by this woman (for childbirth outside a medical institution and without medical assistance - on the basis of the certificate of persons present at the birth). However, cases of absence of such documents are possible: in this situation, the origin of the child from this mother (maternity) can be established in court by filing a claim to establish maternity.

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Recording information about the father, if the mother is in a registered marriage, is made on the basis of the presumption (assumption) of paternity of the person married to her established by law. The mother's husband is registered as the father of the child born to her at the request of either spouse. The registration of the mother's husband as the father of the child is made regardless of how much time has passed from the moment of marriage to the moment of birth of the child. The law does not establish any deadlines in this case. The mother's husband is registered as the child's father even in cases where the child was born no later than 300 days after the termination of the marriage. This rule applies equally both in the event of termination of a marriage by the death of a spouse, and in the event of its termination during the life of the spouses by divorce or recognition of the marriage as invalid (Article 48 of the Family Code (FC)). Thus, for 300 days after the termination of the marriage or the recognition of the marriage as invalid, the presumption of the origin of the child from a man married to the mother continues to apply.

The record made about the father (paternity) can be challenged in court. Paternity can be challenged at any time (there is no statute of limitations in this case) when the person recorded as the father becomes aware that he is not the biological father of the child. If the father is incapacitated, his paternity can be challenged by his guardian (Articles 48, 51 and 52 of the Family Code).

In cases where the parents are not married to each other, family law provides for two ways to establish paternity.

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When does the presumption of paternity apply?

Within the meaning of paragraph 2 of Art. 48 of the RF IC, the presumption of paternity is valid for the following periods:

1. Throughout the official joint residence of the spouses, that is, at any time while the citizens are legally married.
2. 300 days from the date of divorce of the mother of a newborn from her ex-husband.
3. 300 days from the date of recognition of the marriage union as invalid in accordance with Art. 27 RF IC.
4. 300 days from the moment of my husband’s death.

The duration of 300 days for the automatic establishment of paternity was not chosen by the legislator for nothing, because the estimated duration of a woman’s pregnancy is about 300 days.

In what situations do disputes arise?

Paternity is established automatically when a woman and a man enter into an official marriage and a child is born in their marriage. Disputes may arise in the following situations:

• a woman cheated on her husband with another man;
• the spouses have not been living together for a long time, but have not officially divorced, while the woman during this period gives birth to a child conceived from another man;
• The couple filed for divorce, the woman became pregnant by another man, but the child was born in the early stages.

In such situations, the non-biological legal father has the right to waive his parental rights.

Sometimes women can deliberately confuse their husbands and provide evidence to the contrary. In some cases, a man already knows at the time of marriage that his future wife is carrying a child from another person, but subsequently he has a desire to formalize a waiver of parental rights.

According to Art. 52 IC RF

, such situations are resolved exclusively in court.

Presumption of paternity in marriage

The presumption of paternity, realized in marriage, is the most common form of application of the mechanism. Most married couples face this procedure. Thus, the effect of the presumption is that civil registry office employees automatically enter information about the father into the child’s birth certificate if the child’s mother is married to a man.

Attention

This option of establishing paternity in the civil registry office is characterized by ease and the absence of the need to prove that the woman’s husband belongs to the baby. At the same time, it does not matter whether the man is the biological father of the newborn or not. The proof is the marriage certificate of the spouses, which means that no additional information, including statements of voluntary recognition of paternity, as in the case of an informal marriage of cohabitants, is not necessary to provide to the registry office.

Is it possible to challenge

A man may doubt that a child born during marriage or no later than 300 days after divorce is his own. In this case, he may initiate legal proceedings. You will need to submit a request. In Art. 131 Code of Civil Procedure of the Russian Federation

Rules for filling out such applications are given.

It is necessary to prepare the following list of documentation:

• direct application;
• identification document (passport);
• certificate establishing the fact of marriage;
• birth certificate;
• a receipt confirming the paid state fee for studying the case (its amount is 300 rubles).

In a situation where the man already knew that the child was not his, and the wife did not hide such information, the request to consider the case will be rejected. The man will continue to be considered the legal father of the minor.

As soon as the case begins to be considered, the spouses will be informed of the start date of the hearing.

The man will need to prove that he is not related to the minor child. To achieve this goal, you can use the following materials:

• certificates, medical reports and other documentation;
• photo and video materials;
• witness statements;
• genetic examination.

It should be noted that this is the most effective and irrefutable evidence of the presence or absence of kinship. If the mother of the child, after his birth, does not want to conduct an examination in any way, and the baby’s health is not in danger, then the court will satisfy the plaintiff’s request.

If the court ruling is positive, the man takes the court decision and goes to the registry office so that authorized employees make appropriate changes to the child’s birth certificate.

After this procedure, the man is relieved of all responsibility for raising the child, his financial support, etc.

Presumption of paternity for 300 days

In the event that citizens divorce or the spouse dies, the procedure for establishing paternity remains the same, only the basis document changes. A woman registering the birth of a child must provide a corresponding certificate. At the same time, other evidence, including genetic examination reports, witness testimony, photographs or video recordings, is not required.

For your information

If paternity is presumed within 300 days, divorce or death certificates must indicate the length of time that elapsed between the birth of the child and the event. For example, between the divorce (death) of the father of the offspring and the birth of the child, three hundred days or less should pass.

Legal significance of determining the moment of divorce

This issue is mainly regulated by Article 25 of the UK. The moment of divorce is considered the day when the registry office issued a divorce decree. Therefore, 300 days should be counted from this date.
This point is very important. Many people unfamiliar with divorce proceedings believe that their divorce occurs the moment one or both parties file a pending petition with the Civil Registry Office. But that's not true.

A man and a woman cease to be considered husband and wife precisely after an official decree is made. Then they lose this status not only socially, but also legally. But they still have some burdens.

One of them is the 300-day wait for a child. It is equal to exactly 9 months - the period during which the fetus is gestated. If a woman has a child during this period, he will have the middle name of her ex-husband. He, in turn, will bear paternal obligations. In particular, he will have to pay alimony.

How to establish paternity according to presumption?

The use of the mechanism of presumption of paternity is possible only in the registry office. In accordance with Part 1 of Art. 4 of the Federal Law “On Acts of Civil Status”, the procedure for registering any act of civil status, including the birth of a baby, takes place in this authority. Thus, it is impossible to use the presumption of paternity in any other way. In order to form an appeal, it is necessary to collect a list of documents established by clause 3 of Art. 16 Federal Law “On acts of civil status”:

1. An application written in the form prescribed by the Ministry of Justice.
2. A document certifying the birth of a baby - a certificate from the maternity hospital.
3. Passports of both parents or one applicant.
4. Documents that serve as the basis for entering information into the baby’s birth certificate. If the child's father has died - a death certificate, in case of divorce - a certificate of dissolution of the marriage.

This list is exhaustive and is not supplemented by other annexes, as stated in paragraph 3 of Art. 16 Federal Law “On acts of civil status”.

Paternity Establishment Procedure

The procedure for implementing the presumption of paternity is organized quite simply; the sequence of actions consists of the following steps:

1. After being discharged from the maternity hospital, the woman writes an application - the citizen has a month from the moment the baby is born in order to send the application to the registry office. The specified period is reflected in clause 6 of Art. 16 Federal Law “On acts of civil status”.
2. Documents are collected according to the list established in paragraph 3 of Art. 16 Federal Law “On acts of civil status”.
3. During the established reception hours, you should contact the registry office at the place of registration, sending all documents and an application. You can appear in person or send an application through the public services portal. In addition, the possibility of contacting the MFC is provided. These options are reflected in paragraph 1 of Art. 16 Federal Law “On acts of civil status”.
4. At the appointed time, receive the baby’s birth certificate. The Federal Law “On Acts of Civil Status” does not contain a strict deadline for registering the birth of a baby, however, there is a general rule for the duration of registration of any record - 1 month. In practice, employees issue a certificate much earlier.

Attention
Registration of the birth of a child is completely free, that is, there is no need to pay a state fee for applying to the registry office. However, if the primary certificate is lost, a duplicate document is issued for 350 rubles, which is reflected in clause 6, part 1, art. 333.26 Tax Code of the Russian Federation.

If the parents are in a civil marriage

Civil marriage today is not equivalent to an officially registered marriage, and accordingly, the rules of law do not apply to it. That is, it will not be possible to automatically record a cohabitant in the “father” column at the birth of a child, even if he is his blood father. This can only be done by personally appearing at the registry office to the mother and father to give their consent to enter data into the document and thereby legally recognize this person as the father of the child. That is, this cannot be done unilaterally, when the relationship is not registered.

Legal consequences

Art. 47 of the RF IC indicates that determining the origin of a child, including on the basis of the implementation of the presumption of paternity, is the basis for the emergence of rights and obligations in relation to the child. Thus, both mother and father have equal rights and responsibilities, among which the following categories can be distinguished:

1. To raise a child, to participate in the development of a growing personality, the education of a minor citizen - Art. 63 RF IC.
2. Show concern for the physical, physical, mental, as well as moral health and development of the child - Art. 63 RF IC.
3. Organize the material support of the baby - Art. 80 IC RF.
4. Represent the legitimate interests of a minor citizen in authorized authorities, organizations or enterprises - Art. 64 RF IC.

The most important consequence of the application of the presumption of paternity is the possibility of obtaining alimony. So, part 1 of Art. 80 of the RF IC indicates that parents undertake to support the child, including through the transfer of alimony payments.

IMPORTANT

Child support obligations for the baby's father can be lifted only if paternity is challenged in court. Based on a court decision indicating that the relationship is contested, it is possible to cancel not only the obligation, but also write off the alimony debt.

Presumption of paternity and child support

If a person falls under the presumption of paternity (i.e., by default is forcibly recognized as a parent), he is obliged to financially provide for his child until the contrary is proven, and in case of evasion of the voluntary fulfillment of this obligation, the child’s mother also has the right to count on alimony , even if the father is not his own.

In the event that the stepparent has challenged paternity in court, the payment of alimony will stop only from the moment the judicial act is issued .

This rule operates exclusively in the interests of the minor, since the child should not be held responsible for who was registered by his father and for what reasons - i.e. Maintenance funds paid to a child before the procedure for challenging paternity are not subject to return!

How can you prove to your father by presumption that he is not real?

If the baby’s parents decide to take advantage of the presumption, then there are no controversial issues, and the man fully recognizes the relationship with the baby. This is stated in paragraph 2 of Art. 48 RF IC. At the same time, the man has the right to prove otherwise, that is, to indicate that the biological parent of the newborn is another person. In this case, Art. 52 of the RF IC and a procedure for challenging paternity in court is organized. In order for the court to invalidate the relationship between the father and the child, the applicant must provide comprehensive and reliable evidence of his case.

How can you challenge paternity in the Russian Federation?

According to Art. 52 of the RF IC, challenging paternity can be carried out exclusively in court. The claim can only be filed by the person recorded in the documents as the father or mother of the child, the alleged biological parent, or the child himself upon reaching the age of majority (18 years). In addition, the guardian (trustee) of a child and the guardian of a parent declared incompetent by the court have the right to do so.

However, the requirement cannot be satisfied in the following cases:

• if the parent knew at the time of recording that he was not actually a parent;
• if the parent refers to the fact of artificial insemination and embryo implantation;
• if the surrogate mother refers to the fact of embryo implantation.

Find out more about how paternity is contested.

How to challenge the presumption of paternity?

A man who doubts his biological affiliation with a newborn has the right to challenge the presumption of paternity at any time in accordance with Art. 52 IC RF.

Attention

To challenge the presumption of paternity, a man registered as the father, a mother or a citizen who is actually the child's father, a guardian, or the offspring himself, upon reaching 18 years of age, has the right to file a claim in the district court. To obtain a positive decision from a government agency, you must provide reliable evidence. In practice, the most common and accurate is the conclusion of a genetic examination.

To go to court to challenge the presumption of paternity, you must collect the following list of documents reflected in Art. 132 Code of Civil Procedure of the Russian Federation:

1. A statement written in accordance with Art. 131 Code of Civil Procedure of the Russian Federation.
2. Documents that provide evidence of the cohabitation of the parties at the time of conception of the baby, or during some period of the woman’s pregnancy. A lease agreement or an extract from the house register can be used as evidence.
3. Reference information from a antenatal clinic or other medical institution - when registering, a woman can indicate information about her father. Extracts from the card, certificates and conclusions are evidence.
4. Conclusions of genetic examination.
5. Written testimony of witnesses.
6. Letters and correspondence on social networks between the child’s parents.
7. Recordings of telephone conversations or voice messages on social networks.
8. Joint photographs of citizens.
9. Video recordings confirming the joint life or leisure activities of the parties.
10. Certificate of marriage, divorce or death of a man - depending on the situation.
11. Receipt of payment of the duty.

IMPORTANT
If, at the time of registering the birth of a child, a man knew that he was not the biological father of the baby, paternity by presumption cannot be challenged. This rule is reflected in paragraph 2 of Art. 52 IC RF.

What if the father is not the father?

The presumption of paternity, although developed legally from the point of view of improving the situation of mother and child, sometimes brings considerable confusion into the lives of parents. This can happen when:

• a woman in marriage cheats on her husband and becomes pregnant by another man;
• a married couple separates without divorce, after which the woman enters into a relationship with another man and gives birth to a child from him;
• the ex-husband and wife divorced the marriage, the woman became pregnant by another man, but the child was born before 300 days had passed from the date of divorce from the first husband (including in the case of premature birth).

The diversity of situations is dictated by life itself, and in reality there can be much more of them, and in each of them the father of the child will be recorded as the mother’s first husband - even though both men (biological and legal fathers) and the woman herself will actually know and assert the opposite.

The consequences of the presumption of paternity can be canceled (or avoided) only through legal action, namely by filing a statement of claim in court to challenge paternity (Article 52 of the RF IC).

The procedure for challenging (refusing) forced paternity

To prove that the person registered as the father of the child according to the presumption of paternity (i.e. automatically), in fact is not such, it is necessary to go to court.

To do this you need to take the following steps:

1. Determine who will initiate the claim:
   a father who is recorded on the birth certificate , but in fact is not one - then the defendant will be the mother or the biological father, if he is known;
2. mother of the child - the respondent will be the parent recorded in the certificate;
3. the biological father of the child , who subsequently wishes to legitimize his paternity - then the defendant will be the documented (step) “father”.
4. Prepare a statement of claim “To challenge paternity” in accordance with Art. 131 Code of Civil Procedure of the Russian Federation;
5. Pay a state fee of 300 rubles and send the claim for consideration to the city (district) court at the defendant’s place of residence;
6. In case of a positive decision of the court, which has entered into legal force, contact the civil registry office at the place of registration of the child to cancel the entry about the father from the birth certificate.

Challenge procedure

The process of challenging the presumption of paternity is regulated by the rules of civil procedure legislation. In order to organize this procedure, you must adhere to the following algorithm:

1. Determine jurisdiction - according to the rules of Art. 24 of the Code of Civil Procedure of the Russian Federation, the claim is filed in a district or city court.
2. Prepare a statement of claim according to the rules of Art. 131 Code of Civil Procedure of the Russian Federation.
3. Create a package of applications to the claim in accordance with Art. 132 Code of Civil Procedure of the Russian Federation.
4. Pay the state fee, receive a check.
5. Submit the claim to the court office, or through the State Automated System “Justice” portal.
6. Within 5 days, receive a determination that will reflect whether the claim has been accepted for proceedings, as well as indicating the date, time and place of the trial.
7. Appear at the appointed time in the courtroom.
8. During the trial, it is necessary to restate the claims reflected in the claim, supporting the arguments with factual evidence.
9. Based on the results of the proceedings, a decision is made that comes into force within 30 days according to the rules of Art. 321 Code of Civil Procedure of the Russian Federation.
10. The final decision should be sent to the registry office to make changes to the civil registration book.

Filing a claim

The grounds for the claim will need to be established. They could be:

• establishment of paternity - at the initiative of the woman or the alleged biological father of the child;
• challenging paternity – by the man or the child’s mother;
• exclusion of the record about the father, without establishing the origin of the child from another man - if information about the father was indicated only from the words of the mother and the procedure is impossible administratively (then it will be necessary to file an administrative claim against the civil registry office).

Paternity is considered established or not disputed until the entry into force of a court decision, on the basis of which the citizen’s relationship status changes. If the claim is not accepted for consideration, left without progress or returned, then the father is considered to be the man whose information is recorded in the birth record book. Interested parties have the opportunity to eliminate deficiencies in the statement of claim and go to court again.

The claim is filed according to the rules outlined in the Code of Civil Procedure of the Russian Federation - Art. 131-132 and at the place of residence of the alleged father. The application indicates the name of the court, information about the parties to the trial, as well as third parties. Establishing paternity is necessary separately from the divorce process. The descriptive part of the claim should set out all the circumstances that can confirm the origin of the child from a specific person. It may be necessary to dwell on the circumstances of family life and indicate the presence of the necessary evidence base.

The claim can indicate the man’s attitude towards the demands to recognize himself as the father of the child. To consider the case on its merits, solid and undeniable evidence is important. One of them will be the results of DNA testing. If it is positive, then this will become the basis for the court to establish paternity for a particular man.

Expert commentary

Shadrin Alexey

Lawyer

The results of the examination may be refuted in court. The origin of a child from a specific person is established only through a cumulative assessment of the evidence. The possibility of recognition of the claim by the alleged father is provided. Then the court will make a decision taking into account the position of the defendant and when assessing the evidence presented by the plaintiff.

Timing and cost

The duration of the trial is strictly regulated by the rules of the Code of Civil Procedure of the Russian Federation. Part 1 art. 154 of the Code of Civil Procedure of the Russian Federation indicates that the period for consideration and resolution of civil cases, including those related to challenging the presumption of paternity, is 2 months from the date of receipt of the application to the court. Part 6 art. 154 of the Code of Civil Procedure of the Russian Federation provides for the possibility of extending the total duration for another 1 month if the case is complex and requires additional documents.

To go to court, the plaintiff undertakes to pay a fee of 300 rubles. The specified amount is fixed in Art. 333.19 Tax Code of the Russian Federation.

Legal consequences of challenging the presumption of paternity

If, as a result of the proceedings, a positive decision is made, according to which paternity by presumption is contested, all rights and obligations of the man in relation to the child are canceled. Thus, the most significant consequences can be identified as follows:

1. Lack of right to education, making vital decisions regarding the child.
2. The impossibility of organizing regular meetings with the baby and spending time together is excluded.
3. Release from alimony obligations.
4. Removal of the right to be heirs or testator in the first place under civil law.
5. Prohibition to represent the interests of a minor in relevant organizations and government agencies.

IMPORTANT
After the presumption of paternity has been challenged in court, a woman has the right to receive the status of a single mother, which is the basis for receiving additional financial assistance. In addition, a citizen has the right to file a claim to establish a relationship against the baby’s real biological father.

Arbitrage practice

In the Russian Federation, judicial practice on challenging the presumption of paternity is being developed quite actively; a huge number of decisions have been made on citizens’ claims. In order to understand the issues of annulment of kinship between father and child, in addition to theory, you can refer to the examples below.

Examples from judicial practice

• Citizen Ch. filed a lawsuit to challenge paternity of children born to citizen P. Ch. and P. were in a legal relationship in the period from 2008 to 2009. On June 9, 2008, child M. was born, information was entered on the birth certificate that Ch. was recognized as the father. In 2009, another child was born, whose father was also recognized as Ch. To substantiate the stated claims, the plaintiff provided a genetic examination report confirming the lack of relationship Ch. in relation to two children born in marriage. Based on the above, the court recognized the lack of kinship between Ch. and minors (Decision of the Khimki City Court No. 2-617/2020 dated January 30, 2020).
• Citizen P. filed a lawsuit against citizen Z. to restore the deadline for accepting the inheritance, as well as recognition of the right of ownership. In support of his claims, the applicant indicated that his biological father S. had died, which the applicant learned about after the deadline for accepting the inheritance had expired. At all times the applicant was officially adopted by a third party. Based on the court decision, the adoption was canceled; the applicant financially supported the biological father and provided assistance in treatment. The inheritance was accepted by the mother of the deceased, citizen Z., who filed a counterclaim to the court to challenge paternity, without supporting it with factual evidence. Considering the case materials, the court came to the conclusion that there was insufficient evidence to challenge paternity, on the basis of which it refused to satisfy the claim. The plaintiff’s request to restore the missed deadline for accepting the inheritance was also not satisfied (Decision of the Sovetsky District Court of Omsk No. 2-3229/2019 dated December 30, 2019).

Alimony

If a woman or guardian has recovered financial support for a child from the official father, then when challenging paternity it is necessary:

• include in the claim a demand for cancellation of payments;
• include in the application a demand for collection of paid alimony (if the woman knew for certain that the man was not the father, but collected alimony).

Example. Spouses Aliyeva M.P. and T.R. were married. After 3 years they decided to end the union. The man moved to another city and got a job. The wife began to live with another man. They had a child. According to the presumption of paternity, the newborn was registered as Aliyev M.P. The woman collected alimony. Since he had an official job, the bailiffs sent a writ of execution to the accounting department. The company began to transfer alimony

The man noticed a decrease in income after 6 months. He went to court to challenge paternity and cancel alimony

He invited witnesses as evidence. The applicant's demands were satisfied.

The presumption of paternity is used to protect children's rights. A man who is the official husband of the mother is considered by default to be the father of the child. Therefore, a citizen can receive paternal responsibilities even if he is not a biological father. If you find yourself in this situation, you should obtain legal advice. A specialist will help you draw up an action strategy and restore justice. Leave a request on the website and a lawyer will contact you.

USEFUL INFORMATION: How does the presence of alimony affect the repayment of loan debt and registration of a mortgage?

Problems and nuances

The institution of presumption of paternity has its own characteristics, so some subtleties and nuances should be taken into account:

1. If a man has given official consent to the artificial insemination of his wife through IVF, paternity cannot be contested in the future, that is, the citizen is legally recognized as the baby’s father. This rule is reflected in Part 3 of Art. 52 IC RF.
2. The child has the right to independently challenge paternity. This right begins from the moment a citizen reaches 18 years of age.
3. The presumption of paternity does not apply if the parents did not register their relationship and were cohabitants.
4. If a man pays alimony for the maintenance of a child and files a claim to contest paternity, it is recommended to indicate in the application a request for the cancellation of alimony payments. Otherwise, the issue of monthly payments may not be considered at the court hearing and the obligation will remain with the man.
5. It is strictly forbidden to challenge paternity if, when submitting documents to the registry office, the man understood that he was not a biological relative of the newborn, but recognized the relationship voluntarily.

For your information,
the Institute of Presumption of Paternity works closely with guardianship. As part of guardianship, an adult citizen is assigned to the child, who is responsible for raising the offspring, essentially replacing the biological parent.

In Russia, guardianship has some peculiarities, so it is advisable to consider the experience of foreign countries:

1. In Germany, there is a specialized Guardianship Court, which is in charge of guardianship cases. The applicant can be either the child himself or a person who wishes to become a guardian. In order to become a parent of a child, you only need to fill out a form and appear at the hearing, based on the results of which the court makes a decision and sets the duration of the guardianship. Every year, guardians receive 312 euros, which compensates for the costs incurred for the child.
2. In the United States, there is a child protection service that resolves issues of establishing guardianship and ensuring the normal, prosperous development of the child. Resolution of issues related to guardianship and trusteeship falls under the jurisdiction of the courts and relevant government bodies. Citizens recognized as guardians receive regular remuneration.
3. Chinese legislation is extremely similar to the Russian legal system. In the event of the death of parents, guardians may be grandparents, older brothers, sisters and other close relatives. If any disagreements arise, issues of determining guardians are resolved by the enterprise in which the child’s father and mother worked, or by a committee of urban or rural residents. The case of establishing guardianship is heard in the people's court.

In addition to national legislation, guardianship is regulated by international law. For example, within the UN there is a separate Trusteeship Council, which resolves the most complex and problematic issues and makes recommendations on the topic under consideration.