In the last decade, civil marriage has become widespread. Couples do not seek to enter into official unions, considering them only a formality. This opinion is completely refuted after the appearance of children together. Faced with legal and moral problems, many common-law spouses begin to realize the error in their actions. Basically, it affects a man who is faced with the question of whether to recognize the child as his own or not. We will discuss further what problems you may encounter if you find yourself in such a situation, and what are the rights of a father to a child in a civil marriage.
The birth of a child in a civil marriage
After the birth of a child in a civil marriage, the biological father faces the question of recognizing paternity. If in an official union the baby is automatically registered with the father, then in an unregistered union the man has the right to choose between two options:
- Recognize the child as your own.
- Don't recognize the child.
In case of refusal to recognize paternity, the child will be given the mother’s surname, the patronymic will be written down from her words, and a dash will be placed in the “father” column on the birth certificate. Such a decision can be made by the father unilaterally or mutually with his wife in order to obtain additional benefits.
A woman is not recommended to take such a step, since in the future she may find herself in a very unfavorable situation. The fact is that if she separates from the child’s father, she will not be able to obtain child support payments. The solution may be to completely renounce them or to recognize paternity in court.
When a man wishes to recognize the child as his own, and the common-law spouse gives her consent, the couple has the right to enter information about the father on the birth certificate. In this case, the spouses need to visit the registry office and write statements. The father can give the child not only a patronymic, but also a surname. Before the law, he becomes the official representative of the child and bears material and moral responsibility for him.
Method 2. Without the mother’s consent with the permission of the guardianship department
If a woman does not have the opportunity or right to submit an application together with her father, the man has the right to apply to the registry office independently. To do this, you must obtain permission from the district guardianship department at the place of residence of the minor.
This option is used if the mother:
- deprived of maternal rights;
- died;
- unknown missing;
- declared incompetent.
Procedure
The actions of the father when submitting an application without the child’s mother are enshrined in Art. 51 of the Law of 1997 No. 143 Federal Law.
Algorithm of actions:
- Collection of documentation.
- Obtaining permission from the guardianship department.
- Payment of state duty.
- Submitting an application to the registry office.
- Obtaining a certificate.
If the guardianship department refuses to issue consent to establish paternity, the applicant has the right:
- challenge the refusal in court;
- settle the issue through court.
List of documents
When contacting the registry office, a man must present the following documents:
- statement;
- receipt of payment of state duty;
- passport;
- birth certificate;
- a document confirming the impossibility of the child’s mother’s appeal.
As a basis for applying for permission from the guardianship department, additional documents must be submitted.
| No. | Document |
| 1 | Death certificate |
| 2 | Certificate of search |
| 3 | Court decision declaring incompetent |
| 4 | Court decision on deprivation of rights |
| 5 | Court decision to declare her missing |
Recognition of paternity in court
In practice, there are situations when recognition of paternity is sought not by the mother, but by the father of the child. For some reason, the woman refuses to agree to have the father included in the birth certificate or has completely hidden the birth of the child. In this case, the man has the right to file a claim in court.
Recognition of paternity occurs using various methods, the degree of their reliability varies, so it is possible to use several at once:
- Based on the external similarity of father and child.
- According to the time of probable conception of a child.
- By blood type.
- Based on DNA test results.
The most reliable method is a DNA test. However, this procedure will require payment. The test results are indisputable evidence of paternity; it is almost impossible to refute them. The only exceptions are the forgery of false materials for analysis and falsification of results. Carrying out a re-examination will dispel all doubts.
Cohabitation of common-law spouses can be proven by attracting witnesses. They could be neighbors, friends or relatives. The judge will take into account all the information provided when making a decision.
How to establish paternity if the marriage is not registered
None of the relationship options restricts the father’s right to voluntarily acknowledge paternity.
The best way to officially confirm that a man is the father of a child is to obtain his consent.
The registry office at the place of residence of either parent will accept the application and confirm the applicant’s status.
When an agreement cannot be reached, the opportunity to confirm paternity is provided based on a court decision.
Through the court
The courts may be contacted by:
- a mother to recognize a specific person as the father of her child if that person shirks his responsibilities;
- the father, when the mother, the guardianship authorities prevent the registration authorities from making an entry;
- guardian who is responsible for the minor;
- child turning 18 years old.
During the trial, any evidence certifying the relationship is accepted and taken into account (Article 55 of the Civil Procedure Code of the Russian Federation).
To appeal to the court on this issue you need:
- prepare a statement of claim;
- provide a birth certificate;
- pay the mandatory tax;
- take care of the evidence.
The court will schedule hearings, hold meetings, and consider evidence.
At the request of the plaintiff, a genetic examination may be carried out.
Once the claim is satisfied, the court will make a decision. Based on it, the registry office staff will make an entry and issue a certificate.
At the registry office
The procedure for issuing a document at the civil registry office, if there are no disputes, proceeds quite quickly.
Parents:
- fill out an application;
- provide the required package of documents;
- pay the state fee;
- receive a certificate in hand on the day of application.
The legislation allows you to submit a corresponding application during pregnancy, when the child is not yet born, if life circumstances recommend starting the process of registering the application in advance. The action will finally end after the child is born (Article 48, paragraph 3, IC).
A citizen claiming paternity rights can independently submit an application on his own behalf to the registry office. The legislator stipulates this possibility in certain situations:
- death of mother;
- her incapacity;
- deprivation of parental rights.
What rights does a father have to a child born in a civil marriage?
After recognizing a child born in a civil marriage as his own, the man becomes a father from a legal point of view. He has a wide range of rights in relation to the minor, including the ability to:
- Give the child your last and middle name.
- To raise a child.
- Support the child morally.
- Bear the costs of maintaining the child.
- Spend vacations and weekends with your child.
- Represent the interests of the child in any instance.
- Request information about the child from public and private organizations.
- Give consent to take the child abroad.
After recognizing a man as the father of a child, the woman is obliged to respect his rights. She cannot prohibit communication with a minor; she must ask permission to take the child abroad. Also, do not forget that the mother will have the opportunity to apply for child support after a divorce from the father. In such a situation, it does not matter whether the marriage was civil or official, the main thing is recognition of paternity and the presence of an appropriate entry in the birth certificate.
Recognition of paternity is also beneficial for the child. He will become the legal heir. In the event of the father's death, he will be able to apply for inheritance.
Recognition of paternity in a civil marriage does not infringe on the rights of the father. They are no different from the rights to a child born in a formal union. The father bears responsibility for the child equally with the mother.
Rights of a child in an unregistered union according to the Family Code of the Russian Federation
According to the Family Code of the Russian Federation, there is no difference in rights between children born in a legal or civil marriage.
The child also has the right to live with his parents, who must provide for him, give him proper education and create favorable conditions for development and growth. Also has the right to receive medical care and education. If the child’s registration is registered with the father, then he cannot discharge him or evict him, even in the event of separation from the mother.
He can also count on alimony payments and inheritance.
If paternity is not officially registered, then the baby loses not only his father, but also his grandparents, which means he cannot claim their inheritance.
Is it possible to deprive a common-law spouse of parental rights?
The Family Code of the Russian Federation provides for the procedure and conditions for depriving a father of parental rights. They directly apply to parents who were previously in a civil marriage. It is possible to deprive a father of his rights to a child if there are compelling reasons. They could be:
- Large alimony debt.
- Lack of participation in the child's life.
- Bad influence on a minor.
- Humiliation and physical violence.
- Lack of biological relationship.
It is worth noting that deprivation of parental rights is not an obstacle to the payment of child support. The man is prohibited from seeing the child and taking part in his life, but financial support is not canceled. An exception is deprivation of paternity due to lack of biological relationship and adoption of a child by another man.
Features of registering a child if the parents are not married
Registration of a child who was born in a civil marriage has some features.
To obtain a birth certificate for a child born in an informal union, you will need:
- both parents come to the registry office;
- to write an application. The baby’s mother indicates in it that her common-law husband, as well as the natural father of her child, is such and such a man, and the father indicates that he does not abandon the baby;
- provide the necessary certificate from the maternity hospital;
- present a passport with permanent registration.
Can a common-law spouse deprive a mother of parental rights?
The father has every right to demand that the mother be deprived of parental rights. However, this will also require providing compelling reasons. They can be drug or alcohol addiction, beating of a minor, bad influence, etc.
After separation from the child’s mother, the father also has the right to file an application with the court to determine the minor’s place of residence. At the same time, we should not forget that the child usually remains to live with his mother. It will be difficult to resolve the issue in your favor.
Making a positive decision about the child living with the father is possible if the mother does not have living space or is unable to support the child due to low income or its complete absence. The judge makes a verdict based on the evidence provided and puts the interests of the minor above all else. If the child is over 10 years old, his wishes may be taken into account. The conversation takes place in the presence of an experienced psychologist.
If the judge allows the child to live with the father, the man has the right to file for alimony. The mother is also required to bear the costs of maintaining the child; the amount of payments will be calculated according to standard rules. There are no exceptions for women; they are also required to pay child support if the child lives with the father.
Alimony when establishing paternity
If paternity is established, then the procedure for financial support of a minor can be determined as follows:
- voluntarily (draw up an agreement on the payment of alimony);
- forcibly (through the court).
Agreement
If the man does not object to the conclusion of the agreement, then the mother and father turn to a notary to draw up the document.
The agreement must include the following information:
- type of deduction (flat amount or percentage);
- frequency of payments (monthly, quarterly, annually);
- procedure for making payments (cash, through a bank);
- liability for violation of conditions.
The document is subject to notarization and has the force of a writ of execution. If the parent ignores the fulfillment of the conditions, then the agreement is handed over to the bailiffs.
Forcibly
If a parent refuses to voluntarily perform duties, then the funds can be recovered through the court.
This right is vested in:
- the mother with whom the child lives;
- the father of a minor whose mother is deprived of rights or declared incompetent.
The application is submitted to the magistrate's court. The authority issues a court order. For forced collection, the document is transferred to the bailiff service.
If a minor is under guardianship, the father must establish paternity through the court or with the permission of the guardianship department. Alimony from a mother deprived of her rights may already be collected. After paternity is established, the man must apply to the court to change the claimant.
Recognition of paternity in the event of the death of a common-law spouse
A man has the right to take care of the child and represent his interests in the event of the death of his common-law spouse. In such a situation, he needs to collect documents confirming the relationship with the child and testimony of witnesses. They could be neighbors, relatives or friends. A DNA test will finally resolve the issue.
After receiving the results, the father will not be prevented from completing documentation for the child.
In the event that the spouse's relatives try to obtain the right to raise a child by refusing to establish paternity to the man, it is possible to file a claim in court. If the parent has a good reputation and is not dependent on alcohol or drugs, the court decision will be made in his favor.
What documents and evidence should I prepare?
Since the procedure for establishing paternity can occur in two ways, the packages of documents will differ from each other.
If we are talking about voluntary recognition, then to obtain a child’s birth certificate with new data about the parents entered into it, it will be enough to prepare a corresponding application (a sample can be obtained from the civil registry office) and passports of both parents, in which data about the child will be entered.
If we are talking about recognizing paternity through the court, then it will be necessary to prepare the following documents:
- Statement of claim drawn up in accordance with legal requirements;
- The plaintiff’s passport and documents for the child (if he has not reached the age of fourteen - a birth certificate, if he has reached the age of fourteen - a passport);
- All documents necessary for consideration due to their ability to prove paternity (for example, the conclusion of a genetic examination or a written statement from the father recognizing his child).
If the submitted materials are completed correctly, the court begins to consider the case and makes its decision.
In order for such a case to be considered in full, and for the result to satisfy the interested party, it is necessary to prepare all available evidence of the legitimacy of the claims. Such evidence will include:
- Results of genetic studies and DNA tests confirming or refuting paternity;
- Documents confirming information about the cohabitation of the child’s parents;
- Court materials on recognition of a marriage as dissolved or invalid, if such recognition occurred after three hundred days from the date of birth of the child;
- Testimony that can confirm or refute the information that a particular man is the father of the child;
- Audio, photo and video materials provided by the parties that can prove the fact of paternity (for example, a video recording in which a man confirms that he is the father of the child).
In the event that all of the listed evidence is presented at the court hearing, those that have the greatest legal force will have a priority influence on the court decision (for example, the result of a genetic examination will be considered more powerful evidence than the testimony of witnesses or a video recording of a confession, if the data proven by such materials differ).
The rights of a father to a child born in an informal marriage: summing up
The birth of a child in an unregistered marriage is not an obstacle to recognition of paternity. A man has the right to give his child his patronymic and surname, but this cannot be done without obtaining consent from the mother. If the woman objects, the father can establish paternity in court.
The father has the same rights to a child born in a civil marriage as to a child born in a formal union. They are no different. A man is obliged to take part in the life of a minor, provide for him financially, facilitate his education, and interesting leisure activities. The mother cannot prohibit the father from seeing the child, with the exception of deprivation of parental rights by court.
For his part, the father also has the right to file a claim in court to determine the place of residence of the minor or to deprive the woman of parental rights. Thus, he has equal rights with the child's mother.
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Anna Vladimirovna
I am the editor-in-chief of our information portal, and I carefully review all the material from our experts before publishing them here. An economist by education, specialization in accounting, analysis and audit. Experience as an accountant for 10 years. I can work with long texts and legal documentation.
Method number 1. Voluntary decision of parents
An unmarried father and mother have the right to submit a joint application to have the man included in the birth record as the father. Changes are made by specialists from the Civil Registry Office.
Documentation is submitted:
- before the birth of the child;
- at the time of birth registration;
- after birth registration.
The application is sent to:
- personally by parents to the registry office;
- through the MFC;
- through the State Services website.
Algorithm of actions
The rules for voluntary establishment of paternity are determined by Art. 50 of the Law of 1997 No. 143 Federal Law.
Parents should:
- Prepare documents.
- Submit an application.
- Pay the state fee.
- Submit information to the authorized body.
- Get documents.
List of documentation
Let's look at what documents are needed to register paternity at the registry office. Among them:
- statement;
- passports;
- birth document of a minor;
- receipt of payment of state duty.
If the child is over 10 years old, his personal consent is required.
The state duty in 2020 is 350 rubles. When paying through the State Services website, the discount on payment will be 30% of the payment amount.
Why should you adopt your own child?
Couples who choose not to officially register their marriage should remember that a man does not have paternity rights until he legally becomes a father, that is, he goes through the adoption procedure.
If the mother is registered as a single mother, the child is deprived of the right to bear the father’s surname and inherit his property after his death.
In addition, by refusing to formalize paternity legally, you are depriving the child of grandparents.
Legally, they are not his relatives, which means he cannot claim an inheritance. Even if you lived in a civil marriage and separated, and the grandparents want to leave an inheritance to their grandson, this can only be done with the help of a will with an additional fee. Therefore, relationships should be legalized, at least for the sake of the well-being of the children.
Many will disagree, saying that a good civil marriage is much better than a bad official one. But remember that such a family, in addition to legal problems, may encounter problems of a psychological nature - this is the child’s uncertainty about the stability of the union.
