Illegitimate children are not such a rare occurrence. How many boys have fathers who are so-called “cosmonauts” (who ran away from their mother as soon as she became pregnant)? How many girls are raised by their mothers and grandmothers - a conventionally same-sex couple... The same number remain with single fathers, the same number are under the guardianship of parents whose marriage is secured by civil law, but not by a registry office stamp. It has long been no longer surprising if a descendant was born out of wedlock, but if there is an opportunity to decide whether to give birth “under” the stamp of “family” or outside it, why not think about it?
It is worth considering all the pros and cons of this topic.
What to do if a child was born in a civil marriage?
If the child’s parents live without registering their marriage, you need to understand that the situation can develop differently. In addition, the mother of a newborn must clearly understand how the situation may develop:
- The father recognized the newborn child as his own;
- The dad refused to take any action to recognize paternity, as a result of which he is trying to avoid his obligations towards the child.
In the first case, the father and mother must visit the registry office, taking passports and a certificate from the maternity hospital to confirm the birth of the baby. After this, employees of the territorial registry office will enter the necessary data into the record book. Thus, the mother and father of the newborn acquire parental rights, and therefore responsibility.
In order for a child born out of wedlock to receive his father's surname, an additional application will be required. In addition, only after confirmation of paternity can you count on receiving a child’s birth certificate with the necessary information.
If the father refuses any actions or obligations, the baby will be registered without entering the man’s details. In addition, the birth certificate will not contain any information about the father. After the baby grows up, he will understand the tragedy of the situation and the father’s lack of desire to recognize him.
It is important to understand that the situation affects not only legislative and bureaucratic nuances, but also leads to the moral suffering of the child. In addition, the baby will be infringed on his rights regarding his father’s property and inheritance on his part.
The father has rights to the child after divorce.
Who does a child stay with during a divorce? Read here.
How you can get a divorce if you have a child under 3 years old, read the link:
However, the mother has the right to choose her own middle name. If desired, a woman can enter a middle name that does not correspond to reality. However, changing the surname is not allowed, so the baby can only be registered under the mother's surname.
If the father subsequently wishes to recognize the child, he will need to undergo a special procedure to establish paternity. You need to understand that fulfilling your desire will require more time and effort.
The difference between paternity in and without marriage
It is important to understand that if children are born in an officially registered marriage, the spouses are automatically recognized as his mother and father.
Moreover, if the birth of a newborn occurs no later than 300 days from the date of divorce, doubts about paternity also do not arise. The opposite is civil marriage. If a newborn is born without a stamp in the passport, there are two options for registering it in the name of the father:
Voluntarily. When registering paternity voluntarily, you need to contact the registry office and write a corresponding application;- Forcibly. If the father does not want to register as a father voluntarily, there is only one way out - to go to court.
Recognition of paternity, both voluntary and compulsory, leads to the fact that the father has rights and responsibilities.
So, he must help financially - provide for the needs of the child through alimony. At the same time, the father has the right:
- participate in raising a newborn;
- express an opinion on the choice of places of study;
- protect the life, welfare and dignity of his descendant.
Regardless of whether the children were born in marriage or cohabitation, if the parents decide to separate, the father has every right to communicate with his children. Even his mother cannot stop him from doing this. Only a court has the right to rule that a father cannot see his offspring. Moreover, such a decision is made only if there is evidence that such meetings can cause moral or physical harm to children.
Also, if it can be proven that living with the father will be much better and more comfortable for the minor, the court may well recognize such a right for him.
Possibilities for determining paternity
Various degrees are used to determine the relationship between a biological father and a child. It should be noted that the degree of probability varies. So, the following methods are used:
- The presence or absence of similar features in appearance;
- Estimated day of conception;
- Blood type;
- DNA examination.
Many methods are, to one degree or another, closely related to heredity, so the mandatory involvement of geneticists is provided. If the baby has inherited the appearance of his mother, such comparisons will not allow him to correctly establish paternity. However, this method is allowed if the child is the spitting image of his dad.
Similarity in appearance includes features of appearance that could be passed on by heredity.
Blood group analysis will help you understand whether the father can be the biological father or not. However, an accurate determination of paternity is impossible, since the factor of inheritance plays a large part. Genetics know how blood groups are inherited, so this method can also be used. In this case, the method has a fairly significant error.
The time of probable conception allows you to determine the duration of pregnancy with an accuracy of four to five days. If a woman was intimate with a man at a certain time, he may be the biological dad. However, in situations where the mother turned out to be loving and promiscuous, and had connections with several men at the same time, then any of the sexual partners may turn out to be the biological father. Thus, the method may not be accurate enough either.
Only genetic testing of DNA has an accuracy of 99.9 percent. Thus, this option is the most suitable.
According to the mother
A woman living in civil law can only independently assign a middle name. But she has no right to draw up papers that require the biological father’s data. Only the father himself can enter them. According to the mother, the data can be formatted as follows :
- the woman must obtain a certificate from the registry office at the maternity hospital;
- fills out an application where he writes the child’s last name, first name and patronymic.
But there are also exceptional circumstances that allow a woman to include her father. There are legally established cases:
- divorce occurred less than 300 days before the birth of the child;
- death of a spouse and lack of evidence that he was not the biological father;
- the birth of a child within 300 days after the official divorce.
In these cases, the data is compiled on the basis of pre-existing data.
Features of genetic testing
Genetic DNA testing is the most modern and effective way to determine family relationships. DNA testing should only be carried out with the participation of the alleged father and child. DNA requires compliance with laboratory tests and the provision of the necessary biological materials.
It should be noted that after the procedure, the result can be found out only after 1 – 2 weeks. However, the result is considered to be practically error-free.
Only special laboratories with special documentation can perform DNA genetic tests and give conclusions. However, this result will be the best evidence for a court of any instance.
Recognition of a child who was born out of wedlock
Every man should understand that recognition of paternity implies mandatory responsibility for providing financial assistance, raising and caring for the child. You need to understand that parental rights are distributed between the father and mother.
An illegitimate child, if the father so desires, can be recognized without unnecessary obstacles. Moreover, if the baby’s mother has died, the father can undergo paternity recognition and present the woman’s death certificate to the registry office in order to fully exercise parental rights.
If the child’s mother remains missing for a long time or is declared incompetent or deprived of maternal rights, the father can submit a special application to the registry office with a request to recognize him as the father. In this case, the application must be accompanied by a certificate, extract or other documents confirming the specifics of the current situation.
Only if certain duties are fulfilled and legal requirements are met, it is possible to correctly register the child and confirm his connection with the common-law spouse of the young mother of the baby.
If a woman’s lover refuses to confirm his relationship with the child, the young mother can use the support of the court to resolve the existing issue.
List of documents
When a child was born out of wedlock, paternity has been confirmed and there are no barriers to the mother applying for child support (that is, there is an agreement between the parents), she needs to collect some documents in accordance with the following list:
- Certificate of birth of the baby.
- Parental passports.
- A certificate confirming the amount of the father’s income (the certificate must be provided for the previous three months from the date of application to the relevant government authorities). In this case, it means payment of alimony in the amount established by law.
- A certificate confirming the establishment of paternity (you can obtain it at the registry office).
If a dialogue with a potential alimony payer is impossible (that is, he refuses to fulfill his own obligations), it is necessary to file a claim with the court. In this case, you need to collect the following documents:
- Certificate of birth of the baby (plus two photocopies of it).
- Application for collection of alimony payments, submitted in two copies.
- Passport.
What rights does a common-law father have over a child?
A father who has recognized the child as his own and is not in a civil marriage has the following rights:
- Providing your last name;
- Active participation in raising a child;
- Assistance in providing education;
- Providing financial assistance;
- Leisure time, vacation;
- Representation of the child’s interests in all instances for guaranteed physical and moral protection;
- Requesting information from various organizations: schools, hospitals, military registration and enlistment offices, etc.;
- Providing consent or refusal to take a child abroad.
The father can also sue the child's mother. However, for this, the mother must mishandle her parental responsibilities and lead an antisocial lifestyle. Thus, if necessary, the father can take full custody of the child.
Any issues related to parental rights are resolved only in court and with the mandatory involvement of guardianship authorities. It must be understood that strong documentary evidence must be presented.
If the child lives with the father, it is assumed that it is possible to receive alimony from the mother. However, in most cases, children grow up with their mothers, and fathers pay assigned child support if the relationship has cracked and former lovers have separated. It is important to note that in any situation, a voluntary agreement regarding the assigned alimony will significantly facilitate the resolution of important issues.
How does the situation develop when the mother of a child dies?
A different situation may arise if the child’s mother has already died. In this case, the father can not only confirm a close relationship with the child, but also declare parental rights. So, the father can count on the following rights:
- Living together with a child;
- Representation of all interests of the baby. In this case, the father may be recognized as the sole guardian of the child. It is important to note that the biological father must remember not about his own wishes, but about the interests of the minor child, therefore actions, making various transactions, challenging acts of power should be aimed at guaranteed protection of the interests and rights of the child;
- Managing the child's property in his interests. You need to understand that a child can inherit property from his mother, which requires proper management to preserve its value;
- Active participation in the upbringing of the child and his comprehensive development;
- Designating a child as an heir under a will. You need to understand that a child cannot inherit by law until paternity is determined.
It should be noted that a decision can only be made with the participation of the court. During the consideration of the case, the interests of the child and the characteristics of the father’s life must be taken into account. Only if the father has a good moral and mental character can one expect that living and raising a child with the biological father will be beneficial.
The interests of a minor child will be represented by the guardianship and trusteeship authorities until a final court decision is made.
Legal aspect
According to Article 58 of the Family Code, a child has the right to receive a first name, patronymic and last name. He can receive them within three months after birth. If there are compelling reasons, these data can be changed. When a child is born outside of an official relationship, it can be recorded:
- in the mother’s surname, with the assignment of the biological father’s patronymic or other data;
- on dad's last name;
- on the surname of any person, even if he is not related to the baby.
The easiest thing for a mother to do after giving birth to a child is to assign him a middle name. Since it does not require any legal documents or grounds. But the mother can only give her child her own surname. To do this, she will only need a certificate from the maternity hospital and her passport.
