How to officially establish paternity - the procedure for obtaining status. How is the establishment of paternity in court

In the Russian Federation, there is a presumption of paternity, which assumes that if a child was born in a legal marriage or within 300 days after the dissolution of the marriage / death of the husband, then the mother's spouse is recognized as his father. This may be challenged in court.

If the child was born to an unmarried woman, then the man can be officially recognized as the father of her child. This procedure is called the establishment of paternity and its result is the emergence of relations between the child and the father, which are regulated by the Family Code of the Russian Federation. Of course, the establishment of paternity imposes on the man the responsibility for the maintenance and upbringing of the child. Establishing paternity imposes on the child the rights and obligations regulated by the Family Code. In the event of the death of the father, the child receives all the rights guaranteed by law - to an inheritance, to a pension for the loss of a breadwinner, to social assistance.

The law provides for two ways to establish the paternity of a child - forced (in court) and voluntary. regulated by the following legal acts:

• Family Code of the Russian Federation;
• Law of the Russian Federation "On acts of civil status".

Voluntary establishment of paternity is dealt with by registry offices.

Grounds for voluntary establishment of paternity

The basis for the voluntary establishment of paternity is an application submitted to the registry office and signed by the parents of the child. The signature of a man means that he recognizes himself as the father of the child and undertakes to participate in his future life. The mother's signature means that she confirms that this person is the father of her child. According to the law, a man who has not reached the age of majority can also recognize himself as the father of a child.

In exceptional cases, which will be discussed below, paternity can be established without the consent of the mother.

Paternity can be established:

• at the time of registration of the newborn in the registry office. In this case, a joint declaration of paternity is required from the man and woman, and the corresponding entry will be immediately made in the birth certificate of the child;
• after some time. In this case, a general statement is also required - on its basis, corrections will be made to the child's documents: in the column "father", instead of a dash, the name of the man will be entered. The surname and patronymic of the child can also be changed.

Voluntary establishment of paternity does not have a statute of limitations, that is, the father can recognize the child as his after any time period after birth, up to adulthood. When a child reaches the age of 18, the procedure changes.

Conditions for the voluntary establishment of paternity

A prerequisite for the voluntary establishment of paternity is the full legal capacity of a man. The application filed by the man's guardian/custodian has no legal force, since this declaration of will is of a personal nature.

A man cannot establish paternity if there is already an entry in the "father" column. In this case, the paternity of the other man must first be established. If the court finds that the person to whom the child is registered is not his parent, paternity can be established.

Establishment of paternity of an adult person is carried out exclusively with his consent. If the person in respect of whom they want to establish paternity is recognized by the court as incompetent, the consent of the guardian is required.

Documents to establish paternity before or after the birth of a child

To start the procedure establishing paternity on a voluntary basis, the man and mother of the child must apply to the registry office at the place of registration or at the place of residence (if these addresses differ) and provide the following documents:

1. identity cards;
2. joint application (if for some reason this is not possible, the father and mother write two different applications);
3. birth certificate of the child (in the event that some time has passed between the registration of the child and the establishment of paternity);
4. a certificate from the maternity hospital (if paternity will be established simultaneously with the registration of the baby);
5. check for payment of state duty;

How is the process of establishing paternity

A joint declaration of father and mother is required to establish paternity. If this is not possible due to valid reasons (illness, long-term departure), two separate applications are allowed. Parents must apply in person. If personal presence due to objective reasons is impossible, an application with a notarized signature is allowed.

If the establishment of paternity takes place simultaneously with the registration of the baby, the couple is issued a birth certificate, in which information about the father is entered. If there was a time gap between registration and recognition, a new set of documents for the child is issued.

It is also possible to establish paternity prior to the birth of the child. This is possible if, due to valid reasons, the father cannot submit an application after the baby is born (for example, he will have a long business trip). In this case, the following documents are required:

• confirmation of the existence of circumstances that do not allow the parent to personally submit an application;
• mother's pregnancy certificate;
• joint (or separate) statement of father and mother.

Application for voluntary establishment of paternity

In the application for voluntary paternity test you will need to provide the following information:

1. Full name of parents and their passport data;
2. citizenship and nationality;
3. registration;
4. information about the child (full name, gender, date and place of birth, birth certificate number, if any);
5. if in the period between the registration of the child and the recognition of paternity, the parents entered into a marriage, it is required to provide the number of the corresponding certificate;
6. Full name, which the child will receive after registration.

Additionally, you will need to provide the following documents:

• copies of passports of both parents
• a copy, if any;
• a copy of the marriage registration certificate, if any;
• a copy of the receipt for payment of the state duty;
• if paternity is established in advance - a copy of the certificate from the maternity hospital and a document certifying the reason;
• if paternity is established with respect to an adult person - his/her written consent / written consent of the guardian.

Establishment of paternity unilaterally

As a general rule, paternity can be established only with the consent of the mother, however, there are a number of cases in which the unilateral will of the father is allowed:

1. the death of the mother or the recognition of her dead in a judicial proceeding;
2. recognition of her legally incompetent;
3. recognition of her missing;
4. deprivation of mother's parental rights.

In these cases, to recognize paternity, a father’s statement, a certificate of the reason for the unilateral declaration of will (a copy of the court decision in the event of declaring the deceased or declaring incapacitated; a certificate from the department of the Ministry of Internal Affairs at the last place of residence of the mother; a certificate from the guardianship and guardianship authorities on deprivation of parental rights).

Unilateral recognition of paternity is possible only with the consent of the guardianship and guardianship authority, that is, an appropriate certificate will need to be attached to the required document package.

Establishing paternity after the death of a father

After the death of the father, his relationship with the child can only be established in court. In this case, events can develop as follows:

• there is evidence that during the life of the deceased recognized the child. In this case, there will be no problems with establishing a family relationship;
• in life, the deceased did not recognize the child or there is no evidence that this was done. In this case, circumstantial evidence will have to be collected: testimonies of witnesses, representatives of authorized bodies, documents, photographs, etc.

When the paternity of the deceased is established, the child receives the rights of children after the death of the parent: pension, social assistance, etc.

Renunciation of paternity

A man who has recognized a child can no longer withdraw his application and refuse recognition.

If the man is not the biological parent, recognition cannot be waived either. An exception is the case if a man recognized the child as his own, not knowing that he was not his parent.

Civil marriage is today a widespread form of family relations. In addition to the problems of dividing property purchased by a couple during their joint residence, when parting, questions arise about determining the procedure for maintaining common children. Often, the father is not registered in the documents for them. What are the ways to establish official relationship with a child? How is a genetic link proven? How to write an application correctly and to which authority to submit it? All these complex issues in the practice of family courts are described in this publication.

How to recognize paternity in court

If there is a registration of relations in the registry office, an entry about the father is entered into the birth certificate automatically. When a couple is officially divorced, the information is also indicated on the basis of an entry in the book of civil acts, if the birth occurred within 300 days after the termination of family relations. This provision is spelled out in paragraph 2 of Art. 48 RF IC.

There are two possibilities for establishing paternity if there is no marital relationship:

• voluntarily;
• forcibly in a lawsuit in court.

In the first case, a court order is not required to recognize paternity. Some time or immediately after the birth of a baby, a man files about his child. For these cases, the law establishes a specific form of expression of the will of a person. The consent of the mother is required for the paperwork.

The situation with judicial recognition of people as relatives is possible:

• when a cohabitant refuses parental obligations;
• if the father died before the birth of the offspring.

When considering a civil case and issuing an act, the court is guided by the principles of protecting the rights of children based on the requirements of international and national law. In a situation where a man does not appear at the registry office to apply for recognition of kinship, he can be forced to bear responsibility under the law. Usually, such processes are initiated by the mother in order to attract a man to support - alimony for a person under 18 years of age. If a man did not have time to submit an application to the registry office and died, then we can talk about inheriting property owned by him and receiving other benefits. When such circumstances are combined, paternity is registered posthumously.

Who can apply for paternity

Both the mother and the father of the child can initiate a lawsuit to establish family relations (Article 49 of the RF IC). In cases of registration of kinship, if the man was not married to his mother and died before the birth of the child, the process is conducted according to the rules of special proceedings. The establishment of the fact is carried out within the framework of judicial proceedings in accordance with Article 50 of the RF IC, Article 264 of the Code of Civil Procedure of the Russian Federation. A child who has reached the age of 18 is also entitled to file a claim in his own interests.

Paternity is established through the court at any time. The statute of limitations of 3 years does not apply to this category of proceedings.

How are paternity cases handled by the court?

The jurisdiction of the state body, that is, the definition of a specific institution to which the sport belongs, is determined by:

• at the defendant's registration address - in the general manner;
• at the location of the plaintiff - at the choice of the applicant or within the exclusive jurisdiction.

When paternity is determined with a view to material liability, at the same time the plaintiff applies with a demand to determine the amount and procedure for collecting alimony.

The claim is drawn up in two identical copies for the court and the alleged father of a minor child. Other copies also rely on each participant in the process acting as a third party or interested parties. They can be other spouses in the interests of dependents from another marriage, guardianship and guardianship authorities, legal representatives who are raising a minor, etc.

As an application in the application are indicated and provided to the court in copies:

• marriage and divorce certificate;
• metrics for children;
• certificate of income when collecting alimony;
• state duty or a petition for release in the presence of property disputes.

The appeal is considered within 5 days, after which a decision is made on the acceptance of materials for production or production.

During the preliminary hearing, to which the participants in the case are invited, the circumstances of the case are clarified, it is proposed to provide additional evidence, petitions are accepted for the recovery of documents, the appointment of a genetic examination for a DNA match in order to establish paternity, etc.

When applying to the court to establish paternity, the mother should determine the consequences of making a positive decision on this issue. When kinship is established, she is deprived of the right to receive benefits as a single mother, since the responsibility for the maintenance of the child is assigned to the second parent. Can he bear such responsibility? Is his place of work known, is it permanent, does he have a regular income or property, from which the bailiffs can recover funds? Will he be conscientious about the issues of raising a child, or does it follow from his behavior that he intends to treat him badly, threatens him with physical violence along with his mother. Indeed, in the latter case, it will be necessary to deprive him of parental rights. All these questions should be answered with clear, exhaustive questions, so that later you will not regret the step you have taken.

In addition, the establishment of paternity entails the following legal consequences:

• the need to obtain consent to the export of a minor abroad;
• providing access to education, ensuring meetings with the father and his relatives, possibly leaving the child alone with him;
• joint solution of questions about education, incurring additional expenses for the baby;
• change of surname of a minor according to his father.

It should be noted that it will not be possible to collect alimony for the period preceding the entry into force of the court decision. The debt will be accrued only if there is a valid legal act.

When is it necessary to challenge paternity in court?

There are cases in practice when a woman is married to one man, and the pregnancy comes from another. You can make an entry in the metrics for a child immediately to a person who is not. To do this, a woman with a biological father must submit an application to the registry office when registering a birth record (clause 3, article 48 of the RF IC). They must do it together.

When an entry is made in the certificate for a minor for a man who is not a blood relative of the child, regardless of the fact of registration of marital relations, a procedure for contesting paternity is carried out. The plaintiff in this category of cases is both the mother and the real father of the baby. The citizen, the record of which is included in the certificate, is involved in such a process as a third party.

A descendant who has reached the age of majority can also make appropriate changes. He has the right to file a lawsuit about, that is, changing the father's entry in the birth certificate and entering information about a real relative.

In the interests of dependents under the age of 18 or incapacitated, an application to the court is submitted by a parent or legal representatives appointed by the court (Article 52 of the RF IC).

It is also allowed to challenge the information about the father by a man who is an alleged relative at the time of filing a claim. He can make an appropriate statement even if the mother has died, is deprived of parental rights, or it is difficult to establish the address of her actual location. You should apply to the court if the guardianship authority did not provide a paper on consent to paternity (part 1, clause 4, article 48 of the RF IC).

Evidence of paternity in court

As circumstances confirming family ties, the following are considered:

• cohabitation at the time of conception;
• running a common household - renting an apartment, buying equipment, food;
• visiting holidays and family events in a couple, etc.

In order to establish blood ties, they can be provided in:

• photos together;
• checks, receipts for the purchase of household goods, a housing contract;
• obstetric card, medical report on the management of pregnancy and childbirth;
• witness's testimonies;
• travel certificates, stamps on the spouse's travel abroad in cases of disputing paternity;
• gifts and financial support intended for mother and child, etc.

Importance is given to the results of a DNA paternity test for the court, however, the decision can be made in the presence of other evidence without genetic testing. All materials are considered in aggregate, the final act is adopted on the basis of a comprehensive consideration of all the circumstances of the case. In practice, a medical opinion is required when other evidence is contradictory or controversial. A procedure is appointed at the initiative of the court or participants in the process. To establish the fact, a 90% match of DNA fragments is sufficient.

Payment for the analysis is made by the participant in the case who filed a petition for its conduct. The winning party has the right to demand reimbursement of court costs after the end of the case. To do this, it is enough to obtain a certificate from the court according to a legal act and present it to the bailiff service for collection.

The examination is carried out when collecting:

• blood;
• saliva;
• skin fragments.

The cost is, depending on the region, the complexity and the organizer of the medical procedure, from 6 to 14 thousand rubles.

If the alleged father refuses to give material for research, the court cannot issue an order for his forced bringing, but such as an attempt to avoid liability in connection with the imposition of parental duties. This is indicated in paragraph 3 of Art. 79 Code of Civil Procedure of the Russian Federation. Thus, the court recognizes proven the fact of recognition of paternity.

Establishment by the court of the fact of paternity under the old law

The specified procedure for registration of parental rights is valid only for children born after March 1, 1996. Before this date, the Marriage and Family Code of the RSFSR was in force in Russia. According to its provisions, there was another evidentiary basis for recognizing kinship. They were listed in Article 49 of the Code of Civil Procedure of the Russian Federation. Any information about the provision of material assistance to a dependent, the facts of cohabitation, common household with the mother, etc. were taken into account. According to the new legislation, which has been in force since 1996, these circumstances do not directly testify in favor of paternity. These provisions are explained in the Decree of the Plenum of the Supreme Court on paternity No. 9 dated 10/25/1996.

What to do after the decision of the court on the establishment of paternity

After the adoption of a legal act on kinship, the interested person must contact the registry office to make an entry about this in the metrics. Data about the father are entered in the book of acts of civil status, on this basis the entry in the birth certificate is changed. An application for amending the documents is submitted according to the approved by the Government of the Russian Federation.

It is allowed to report the fact through the registry office. The form can be filled out electronically through the State Services website. Pre-should. A sample application can be obtained from the office of registration of acts, on the presented website or on the Internet.

Consideration of cases of establishing paternity by the court in special proceedings

In a special category of cases, there are cases of registration of kinship when the father died. This situation develops when, during his lifetime, a man adopted a child and his relatives and friends knew about it. However, due to sudden death, the citizen did not apply to the registry office or the court with a request to recognize paternity officially. Often such processes are associated with inheritance cases. The grounds for opening a case are Article 50 of the RF IC and Article 264-268 of the Code of Civil Procedure of the Russian Federation.

If the child originated before October 1, 1968 from persons not in a state-recognised marriage, the court establishes the fact of paternity if the person was dependent on the parent before his death. This provision is contained in Article 3 of the Law on Approval of the Fundamentals of the Legislation of the USSR and Union Republics on Marriage and Family).

How do I sue to establish paternity?

An acknowledgment statement should be made. As interested parties, other heirs of a citizen are necessarily involved, which are wives and children in other marriages. If there are none, it is involved as an interested person. When the case is resolved subject to the appointment of a state pension, the process is carried out with the call of representatives of the guardianship and guardianship authority.

When inheriting by law, the child receives a share in the parent's property on the basis of Article 1149 of the Civil Code of the Russian Federation in the order of the first priority.

If the court did not recognize paternity, but the parties do not agree with the issued act, they have the right to appeal the decision within 10 days to appeal. On the decision that has entered into legal force, after the expiration of the specified period, an application for cancellation is submitted to the cassation instance. Then to the Supreme Court of the Russian Federation as part of the procedure for monitoring compliance with the requirements of regulatory documents.

Questions of consanguinity affect not only moral and ethical, but also serious financial aspects. That's why many are interested in how to establish paternity through the court without lengthy proceedings. As a rule, for this it is necessary to provide documentary evidence of the fact of kinship, which is not always possible to collect. But, everything can go much easier and faster if you have the result of a DNA analysis on hand with an accurate indication of the degree of relationship.

Why is paternity established in court?

Quite often in ordinary life, a parent is considered to be a person who lived together and took care of the child, which does not always coincide with the concept of “biological father”. In the legal field, the fact of kinship must be confirmed in an appropriate way, otherwise the man will not have legal rights regarding the child.

Recognition of such a fact is made by issuing a birth certificate, which indicates the parents. But, sometimes a man does not want to acknowledge paternity or there are certain circumstances that prevent this. In this case, there is every reason to prove paternity through the court and receive payments in accordance with this, provided for by law.

Also, such a way out is possible from a situation where the child was born within 10 months after the official dissolution of the marriage, while the former spouse and the other person simultaneously consider themselves a parent. In addition, a man can file such a claim in the event of the death of the mother, declaring her incompetent or depriving her of parental rights.

How to prove paternity in court

The first thing to do is to apply to the court with a statement of claim, attaching the necessary documentation. During court sessions, the available evidence regarding consanguinity is considered. The main ways of recognizing paternity in court are to establish a man's ability to conceive, study photographs, videos, correspondence, testimonies, and also conduct a blood test.

But, the collected evidence base can be considered insufficient, and a blood test shows exactly only a negative result. The only way to accurately establish consanguinity, the results of which are accepted for judicial review, is a genetic examination.

Establishing paternity for trial using a DNA test

Many are interested in how they prove. Before drawing up a statement of claim, you can go through a pre-trial genetic examination and provide its results in a package of documents. This will be an added advantage when considering the case.

When appointing an examination in a judicial proceeding, the procedure is carried out on the basis of an appropriate resolution. At the same time, the personal data of all test participants must be recorded in the documents, biomaterial samples must be collected by a qualified specialist, and the results must be drawn up in accordance with the established requirements. You can do a DNA analysis and clarify all the most important points of the procedure for free at the DTL center.

Benefits of a DNA Paternity Test for Court

Today it is the most accurate and reliable way to establish biological relationship.

DNA analysis is widely used in world practice and has proven to be the most advanced and effective way to prove paternity in court, its obvious advantages are:

• High accuracy. The maximum paternity confirmation rate is 99.999999%, which is of great importance in a court decision.
• Reliability. In our center, biomaterial sampling is carried out by experienced specialists, the analysis is carried out using high-tech equipment, which eliminates errors.
• Self-sufficiency. The results of the examination do not require additional confirmation.
• The power of a legal document. The expert opinion, which can be obtained at our center, is an official document that is accepted by the judicial and state authorities.

How to do a DNA paternity test through the court

In order to prove paternity to the father through the court, it is necessary to conduct a test using him and children's biological samples. If necessary, bioassays of the mother are also used. In the DTL center, the study is carried out using saliva samples, which are obtained by oral swab.
The procedure is safe, painless and takes no more than five minutes. Laboratory research is carried out by two expert groups on 25 markers, which ensures the purity and accuracy of the result. Each case is considered on an individual basis, so you can call our center, briefly describe your situation and get a free consultation.

The subtleties and nuances of a DNA paternity test in court

The basis for judicial analysis is the relevant decision. If the test participant is a minor child, written permission from the mother or guardian will be required. It should also be borne in mind that even if there is a court order, the intended parent must voluntarily agree to participate in DNA testing.

The best way to prove paternity

To dispel all doubts about kinship and establish the truth, today there is the only effective way - genetic examination. In our center you can get tested with minimal time and money. If you have any, the most complex or delicate questions, you will receive detailed answers and competent advice absolutely free of charge. All you need to do is call the given numbers.

stipulated by the Family Code of the Russian Federation. We will talk about the procedure for establishing paternity through the court and the legal consequences of this legal action for the child in our article.

Establishing paternity in court

According to the provisions of Article 49 of the Family Code of the Russian Federation, the establishment of paternity in a judicial proceeding occurs under the simultaneous observance of 2 conditions:

• the parents of the child are not registered;
• there is no statement of paternity in the registry office.

But the legislator has provided another option for determining paternity in court - in the absence of permission from the guardianship authorities for the father to file an application alone, if:

• mother's whereabouts unknown;
• she was deprived of parental rights;
• the court found her incompetent;
• mother's death.

Due to the fact that the Family Code of the Russian Federation was put into effect on March 1, 1996, its norms apply only to those legal relations that arose after this date. That is, the establishment of paternity in a judicial procedure, provided for by a normative act, applies in full to children born on March 1, 1996 and later. With regard to the establishment of paternity in court of children who were born earlier, the articles of the Code of Marriage and Family of the RSFSR are used.

The institution of recognition of paternity became necessary after the cases of children born out of wedlock became more frequent. Its main purpose is to protect the rights of children, so that even an illegitimate child can receive assistance from his father after paternity is established in court. In addition, it should be noted that the courts carefully check all the evidence in the case and take into account all known facts.

Algorithm of actions when establishing paternity in court

In a case of establishing paternity in a court of law, a claim can be filed:

• any parent;
• a child who is already 18 years old;
• child's guardian;
• a citizen who has adopted a child as a dependent.

Cases that are related to the determination of paternity do not fall under the statute of limitations - a lawsuit is filed in court at any time. However, if the issue of paternity is being resolved in relation to a child who is already 18 years old, then it is necessary to obtain his written consent. If he cannot express his will independently (incapacitated), such consent is given by the guardian.

The plaintiff pays the state fee, the amount of which is 300 rubles, and submits an application with all the necessary documents to the district court at the location of the defendant or at the place of his residence.

During the trial, the court may, at the request of one of the parties to the process or on its own initiative, order a blood test using the method of genetic or genomic fingerprinting, or, more simply, conduct a DNA test to establish paternity.

It should be noted that the court cannot justify its decision only on the results of the DNA examination, since, according to the law, the results of the examination are one of the evidence in the case and must be assessed in aggregate. In addition, none of the evidence has a predetermined force for the court.

Despite this, to date, DNA analysis is the only examination that can give an accurate answer to the question of whether a man is the father of a child. However, its implementation in practice is often complicated by several circumstances:

• Conducting an examination is a rather expensive undertaking.
• Not all regions have medical institutions that are ready to provide their DNA testing services.
• Long wait for results.

Not all judicial situations, despite the accuracy of the result, require a DNA examination. In some cases, for example, it will be enough to conduct an ordinary medical examination, which will prove that a citizen cannot be the father of a child, since he does not have the ability to conceive.

Moreover, if the child was born between 10/01/1968 and 02/28/1996, then the requirements of the Code of Marriage and Family of the RSFSR will apply to the evidence presented in court. According to this normative act, the results of the DNA examination will not have legal significance if other mandatory evidence has not been presented.

Another situation worthy of consideration is when a citizen does not appear for an examination or does not provide the necessary biological material. In this case, the court also cannot conclude that the citizen confirms the fact of paternity by his failure to appear. It is necessary, first of all, to find out the reasons for the absence.

Thus, the appointment of an examination is made by the court not only in accordance with the requirements of the law, but also taking into account the materials of a particular case and the provisions of the applicable regulatory act.

Acknowledgment of paternity in court: what you need to know?

After the parties receive the court decision in their hands and it comes into force, it is necessary to complete the case to determine paternity by going to the registry office.

The appropriate is written about the establishment of the fact of paternity. You can fill it in:

• mother/father of the child;
• guardian (custodian);
• a child who is 18 years of age;
• citizen who took the child as a dependent.

The application shall be accompanied by a court decision on the establishment of paternity or on the establishment of the fact of recognition of paternity, the applicant's passport and the child's birth certificate.

If the interested person decides to apply to the registry office through a representative, then a power of attorney for the right to carry out such actions by the latter is also attached to the required package of documents.

For the state registration of the fact of paternity and the subsequent issuance of a birth certificate, the applicant pays a state duty in the amount of 350 rubles.

The certificate is issued on the day of application.

Legal consequences of establishing paternity in court

Article 47 of the Family Code of the Russian Federation provides that all legal relations between parents and children must be based on the fact of the birth of children from specific parents. This fact is determined in the manner prescribed by law. That is, it does not matter whether the parents are registered or not. If the fact of paternity is established, this is the basis for the emergence of mutual rights / obligations.

Based on the foregoing, it can be concluded that children born out of wedlock, after establishing the fact of paternity, have equal rights with children of the same father who were born in wedlock.

Support for illegitimate children, enshrined by the legislator in the Family Code, is necessary due to the fact that every year there are more and more of them.

Establishing paternity in court and collecting alimony

Together with the filed claim for the establishment of paternity in court, a claim related to the recovery of alimony may be presented.

In this case, everything is interconnected: if the court satisfies the claim for the establishment of paternity, then the payment of alimony is also assigned to the father. Alimony is awarded from the day the claim is filed.

It should be remembered that in this case, the recovery of alimony for previous periods is not possible, since at that time the citizen was not yet recognized as the father of the child.

In accordance with Article 81 of the Family Code of the Russian Federation, alimony for the maintenance of children under the age of 18 can be recovered in the following amounts:

• for 1 child - ¼ of the father's income;
• for 2 children - 1/3;
• for 3 or more - ½.

The decision of the court on the recovery of alimony is subject to immediate execution.

Thus, the procedure for establishing paternity in court is not particularly difficult. The main thing in this case is to decide on the regulatory legal act that regulates this issue: if the child was born on March 1, 1996 and later, then the rules of the Family Code of the Russian Federation apply; if before 03/01/1996 and not earlier than 10/01/1968, the provisions of Article 48 of the Code on Marriage and Family of the RSFSR shall apply.

Establishing paternity on a voluntary basis is a fact that recognizes a man as the father of a child with the consent of the mother. There is a statutory procedure for establishing paternity that every father who wishes to carry out the procedure must follow.

The legislative framework

According to the legislation, the voluntary establishment of paternity is carried out in accordance with Article 48 of the Family Code of the Russian Federation. If the recognition of paternity has occurred, then two changes will have to be made to the documents. The list of papers to be changed in this situation also includes an act record. This aspect is regulated in accordance with Federal Law No. 143 "On acts of civil status". The procedure for establishing the fact of paternity and obtaining an appropriate certificate involves the payment of a state fee. The amount of this payment is set in accordance with Article 333 of the Tax Code of the Russian Federation.

on a voluntary basis

Each father has the right to confirm his paternity on a voluntary basis, on the basis of an application submitted to the registry office together with the mother of the child. As for time limits, the legislation does not determine them for establishing paternity on a voluntary basis. You can carry out the procedure both at the time of state registration and after it. As for cases when the child was left without a mother, the application to the relevant authorities is submitted on behalf of the father. But it is important to understand that this moment should be carried out exclusively with the consent of the outside. Otherwise, the application will not be accepted. Of course, this is not the end point for the father. If he still has the desire to establish himself as the father, he can go to court to restore justice.

Features of the procedure with an unborn child

There are cases when parents who are not legally married understand that after the birth of a child, establishing paternity by the father will be impossible. The possibility of establishing paternity during pregnancy comes to the rescue. One of the most common situations when parents resort to this method is when the father is serving in a hot spot. Obviously, in this situation, he will not be able to be near the expectant mother either at the birth of the child or after. In this case, additional documents are required to establish paternity:

Medical certificate from the antenatal clinic, which indicates that the woman was registered for pregnancy,

A document confirming the validity of the reason why the father is absent.

Determination of paternity of a child under eighteen years of age

This case is typical, and, accordingly, is the simplest. The father has no restrictions, and can, at any convenient time, submit documents to establish paternity, in accordance with the law.

Declaration of paternity for an adult

In this case, the father is obliged to follow the standard procedure and, in doing so, to enlist the support and consent of the adult child. If the second does not want to carry out this procedure on himself, the child may refuse. In case of refusal, the father does not have the right to insist on the procedure for establishing paternity without the knowledge of the child.

History of a child born out of wedlock

When a child is born in a family in which the parents have not legalized their relationship, the procedure for establishing paternity is determined by the following steps:

The establishment of motherhood occurs directly on the basis of documents issued by the maternity hospital;

The fact of paternity must be established independently, based on the results of a special procedure.

As part of this procedure, parents are required to submit a joint application confirming their desire to establish paternity. Establishment of paternity after the death of the father is recognized automatically, in the same way as in a situation where the birth of a child occurred within three hundred days of the divorce. As for the situation when a child is born in marriage, here the father is immediately recognized as such and entered into the birth certificate and act record.

Making an application

In order to establish paternity on a voluntary basis, parents are required to submit a joint application to the registry office. The registry office in this case is selected in accordance with the place of residence of one of the parents. You can submit an application at the time of registration of the child or after it. The law does not set time limits. In the application, parents are required to fully prescribe reliable information regarding the following criteria:

The initials are written in full - surname, name, patronymic;

Passport data is written off from the original passport in strict accordance with the document;

Citizenship of parents and their nationality are optional;

Place of residence of both mother and father;

Information about the child (gender, date and place of birth);

In a situation where the application is submitted after the registration of the birth of a child, it becomes necessary to register the details of the birth certificate and the number of the act record;

If the parents tied the knot after the birth of the child, it is necessary to enter the details along with the number of the act record;

Surname, name and patronymic, which the child will have after birth.

Attached documents

In addition to the application to the registry office, it is necessary to submit a number of documents confirming the correctness of the procedure. This package includes copies of the passports of the mother and father, a copy of the certificate confirming the birth of the child, in the case where paternity was established on a voluntary basis after the birth was registered, a copy of the marriage certificate if the marriage was registered after the birth of the child, a copy of the receipt confirming the payment of the state fee . The amount of the latter is three hundred and fifty rubles. If the establishment of paternity on a voluntary basis is carried out after receiving a certificate of registration of the child, the amount of the fee increases and amounts to six hundred and fifty rubles. In addition to the specified list of copies, when submitting documents, parents must present their originals. This is necessary so that an employee of the registry office can verify the correctness of the information indicated in the application and the accuracy of the copies provided.

What does a joint statement mean?

A joint statement of paternity is a document confirming the consent of both parents to the procedure for establishing paternity. The signature in the application from the father confirms that he really voluntarily undergoes this procedure and is the father of the child. The mother's signature is evidence of her consent to the paternity procedure and confirmation that this particular person is the father of her child. If one of the parents does not have the opportunity to be personally present at the time of filling out the application, then he has the right to fill out his part in advance. In this case, the signature must be notarized. You can submit this application either directly to the registry office or through the State Services website, where it will be processed, and parents will be called only to obtain a certificate that will establish paternity.

Document confirming paternity

After parents have submitted an application, it has been reviewed and approved, they receive a certificate. After paternity is established, the parents must receive the certificate in person. It is always drawn up on a state standard form of strict accountability and has an individual number and series. It must necessarily contain information about the person who was recognized as the father of the child, that is, his full name, date and place of birth are entered in the document, and the initials of the child that were assigned to him before paternity was established and after, the date birth and place, summary information on the mother - full name, date and place of birth. At the end, each certificate must include the date of compilation and the number in accordance with the act record; the place where the fact of paternity was registered; and the date the certificate was issued to the parents. It is based on this document that further adjustments are made to the birth certificate of the child.

It is important to understand that if the procedure for the voluntary establishment of paternity is carried out in full, that is, it is secured by a certificate, the father cannot waive the rights that were assigned to him for the child. This is strictly prohibited by the legislation of the Russian Federation. After paternity is established, the father becomes the owner of all rights and obligations to the child in respect of which this procedure was carried out. The child receives all the rights that biological children have.