Statement of claim to establish paternity (sample), how to write and submit an application to court to establish paternity

Home » Paternity and Maternity » Statement of claim to establish paternity

291 views

In fact, every child has a mother and a father, but legally many children have one mother listed on their birth certificate, with a dash in the “father” column. Some people put up with this, others spend their whole lives trying to find their father. But it’s not enough to just find him; often you need to prove that the man is actually the father of the child.

The opposite situation is also not uncommon, when in fact the father knows this and wants to participate in raising the child, but the mother does her best to prevent this, and she has to go through the procedure of establishing paternity in the courts.

Grounds for establishing paternity

In order for any legal obligations to exist between parents or children, it is necessary to consolidate the family relationship in a legal, official manner. This is achieved by making an entry in the birth certificate, where the surname, first name and patronymic of the child’s mother are indicated in the “mother” column, and the child’s father is indicated in the “father” column, respectively.

Maternity is much easier to establish; the entry on the birth certificate is made on the basis of the baby’s birth certificate issued at the maternity hospital. Much less often, a birth certificate or other documents indicating that the specified woman gave birth to a child are issued not in maternity wards, but by other authorities. This happens in cases where a woman gives birth outside a medical facility. If there are no written documents indicating that this particular woman gave birth to a child, maternity can be established based on a court decision.

It is a little more difficult to establish paternity if the father does not live with the child’s mother in an official marriage; it is especially difficult to establish family ties between the father and the baby if the parents do not live together at all.

It is even more difficult to establish paternity if the biological father does not want to formalize it legally. In this case, family ties are established only in a court hearing on a claim to establish paternity.

In what cases is it necessary

If the baby’s parents live in a civil marriage and their union is not overshadowed by anything, few of them think about an urgent entry on the birth certificate of the child’s father. Often, on the contrary, in order to receive any additional cash payments, the mother is registered as a single mother, actually running a joint household with her common-law husband and the father of her child.

If both parents want to establish paternity legally, that is, register the child as the biological father, then they just need to contact the registry office with an application and provide a small package of documents.

But in a number of situations, legal registration of family ties is necessary, and one of the parents prevents this, for example:

• the mother does not want to formalize the legal relationship between the baby and his father;
• the man is sure that he is the biological father of his son or daughter, but the mother claims the opposite;
• the husband, being legally married, is not sure that his wife was faithful to him and doubts paternity;
• 300 days have not passed since the divorce of the spouses, the child is registered with the ex-spouse, but the latter does not want to have any connections with him, since he is sure that the child was born from another man;
• the child’s biological father died without legally recognizing him;
• the child’s mother is recognized by the court as deceased, or is deprived of parental rights, or is otherwise unable to fulfill her parental responsibilities, and the guardianship authorities refuse to establish paternity to the biological father,

In such and similar situations, a trial is necessary to establish the relationship between the child and the parent.

For example, Oleg Nikiforov met with Natalya Morozova for a long time. Then they broke up, Oleg left for another city. A year later, he came on vacation and found out that Natalya gave birth to a girl and died soon after the birth of her daughter, and since Natalya did not have any close relatives, the child was left an orphan and was placed in an orphanage.

Oleg’s grandmother told him that after her grandson left, she often saw the girl, who ran to the old woman to help with the housework. During one of her visits, Natalya admitted to her grandmother that she was pregnant with her grandson’s child, still loved him and had never dated anyone else.

Comparing the dates, Oleg realized that the girl was most likely, in fact, his daughter. He appealed to the guardianship authorities with a request to allow him to establish paternity in relation to his daughter, but the PLO officers did not believe in the sincere intentions of the young guy and refused him.

Nikiforov filed a statement of claim in court; in the lawsuit, he petitioned for a genetic examination to be ordered in order to prove his relationship with the baby. DNA testing showed that the girl is in fact Oleg’s daughter; the court decided to recognize Oleg Nikiforov as the girl’s father.

Methods for establishing paternity

If the baby is born in a legal marriage, then paternity is established automatically when an entry is made in the Civil Status Act and a birth certificate is received. Also, a son or daughter is automatically registered as the former spouse of the child’s mother if they were born within three hundred days after:

• divorce of spouses;
• invalidation of marriage;
• death of ex-husband.

In other cases, paternity must be established. If the parents are not legally married, then the following methods are used:

• voluntary confession;
• establishing family ties through the court;
• posthumous determination in court.

There are situations when the mother is married to one man, but the father of the child is another, or the couple is not married at all and the cohabitant refuses to register the born baby as his own. In such cases, a voluntary procedure for establishing family ties is impossible and the problem must be resolved in court.

In cases where the biological father dies without recognizing his child, and the parents were not legally married, paternity is also established in court on the basis of a statement of claim to establish the fact of paternity.

In addition to parents, any legal representatives of minor children, or they themselves, having reached the age of majority, have the right to submit claims to establish family ties.  

The procedure for judicial establishment of paternity

The procedure for establishing family ties between children and fathers in court is quite simple. To do this you need to follow these steps:

1. Collect the necessary evidence of paternity.
2. File a claim in court.
3. Pay the state fee.
4. Submit the statement of claim along with the collected package of documents to the court office.
5. Take part in the trial.
6. If the verdict is positive for the plaintiff, obtain the court decision that has entered into force and submit it to the registry office, do not forget to attach to the application the documents required to establish paternity.

As evidence in a claim to establish paternity, according to Art. 55 Code of Civil Procedure of the Russian Federation , it is possible to use any:

• written evidence;
• photo, video or audio documents;
• expert opinions;
• testimony of witnesses.

The court will consider the conclusion of a genetic examination to be indisputable proof of the defendant’s paternity, but the plaintiff must pay for it himself, and this examination is not cheap, so a DNA examination is not always possible. But, in most situations, even without a genetic examination, the plaintiff can prove the relationship of the defendant with his children.

The statement of claim must contain the following information:

1. The name of the district (or city) court to which the claim is filed.
2. Personal information about the plaintiff and defendant - full name, address of residence.
3. The essence of the claim. In this part, the plaintiff indicates his claims against the defendant, for example, the defendant does not recognize paternity of his son.
4. Grounds for filing a claim. In this part, the plaintiff describes the circumstances confirming the defendant’s violation of the plaintiff’s rights and lists the facts proving the plaintiff’s position.
5. A numbered list of all documents and other material evidence attached to the claim.

• When drawing up claims, it is allowed to submit various petitions, for example, a request to order a genetic examination, as well as an indication of facts and circumstances that are significant for the outcome of the trial.
•  
• 

Sample statement of claim to establish paternity

Sample statement of claim from father

The statement of claim to establish family ties from the father is somewhat different from the same one, but filed on behalf of the child’s mother.

The fact is that the father can initiate voluntary establishment of paternity through the registry office; in most cases, he does not need to go to court.

But in some cases, in order to submit such an application to the registry office, the father must obtain permission from the guardianship and trusteeship authorities.

1. Otherwise, the statement of claim is no different from the same one, but filed on behalf of the mother.
2.  
3. 

Sample statement of claim to establish paternity from father

List of required documents

Along with the statement of claim to establish paternity, the plaintiff must submit a number of documents to the court office, namely:

• several copies of the claim itself (at least three);
• receipt of payment of state duty;
• documents giving grounds for going to court;
• documents proving the legality of the plaintiff’s claims;
• other material evidence (audio, video or photographic documents proving the defendant’s family ties with the children).

How to apply to court

When filing a claim to establish paternity, jurisdiction must be respected. These claims are authorized to be considered only by district or city courts of general jurisdiction located at the defendant’s place of residence. The magistrate's court does not have the right to consider claims of this nature.

There are some exceptions:

1. If the defendant’s place of residence at the time of filing the claim is unknown, then the plaintiff applies to the court at the location of the defendant’s real estate. If no real estate has been identified, then the claim is filed at the place of the defendant’s last residence on the territory of the Russian Federation.
2. It is permissible to file a claim at the place of residence of the plaintiff if the defendant lives far from the applicant, and the latter’s participation in court hearings is difficult due to financial difficulties or the physical condition of the plaintiff.

For consideration of claims on their merits, the law defines 60 days from the date of filing the claim in court. The time period for consideration of a particular case may be affected by:

• presence and number of witnesses in the case;
• presence of legal representatives;
• Do the parties have additional requests?

So, for example, if the plaintiff asks the court to order a genetic examination, then, naturally, court hearings will be postponed until the results of the DNA examination are ready.

Of course, the most reliable evidence for establishing paternity is DNA testing. The initiator of the procedure can be:

• a plaintiff who wants to prove the paternity of the defendant;
• a defendant who intends to deny paternity;
• the court if it considers that the provided evidence of paternity is insufficient.

It must be borne in mind that conducting a genetic examination is a rather expensive “pleasure”; the cost of the procedure can be up to 20, and in some cases even higher, thousand rubles.

In some cases, genetic testing is carried out at the expense of the state, usually when it is initiated by the court. Also, the court may order partial payment for the procedure by the plaintiff, and the remaining amount will be covered from the budget, but only in cases where the plaintiff proves his difficult financial situation.

Special cases of the procedure

After my father's death

A special case of establishing family relations between children and their father can be called a situation when he decided to establish the fact of his paternity, or intended to do so, but did not manage to complete his plan and died. In such situations, paternity can be established in court. Usually, relatives of the deceased are invited as witnesses to the court, who can confirm that the deceased considered himself the biological father of the child.

A statement of claim to establish the fact of paternity after the death of the biological father is practically no different from a regular claim to establish a family connection. The only difference is that it is necessary to indicate the reason why paternity was not established during the lifetime of the deceased parent.

Sample statement of claim for recognition of paternity

From an adult child

Children who have reached the age of 18 can independently initiate the legal establishment of family ties with their father. Evidence confirming paternity must be strong enough, for example:

1. The alleged father lived with the child for a long time.
2. He took an active part in the upbringing and maintenance of the alleged son or daughter.
3. There are joint photographs or videos from which one can clearly conclude that they depict close relatives.

In the vast majority of cases, adult children file paternity suits in cases where they intend to receive an inheritance and a will has not been left. In such cases, having proven the fact of paternity, the children become the main heirs of the deceased.

So, we have looked at the procedure for establishing paternity in court. At first glance, everything is easy and simple, but it only seems so. In fact, the number of different nuances is so large, and each of them can have such a significant impact on the outcome of the trial, that experienced lawyers do not advise starting the judicial procedure for establishing paternity on their own.

Those evidence that seems “iron” to an ordinary citizen may not be taken into account by the court at all, and those that you considered insignificant and were not included in the evidence base could strengthen your position in court. The help of an experienced family dispute lawyer in such situations will not be superfluous.

You can always contact our website staff with any questions you may have. They will advise you, tell you what actions are necessary in the first place, what should not be done under any circumstances, what documents you will need to file a claim in court, and, if necessary, help you draw up a statement of claim.

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

• describe your situation to a lawyer in an online chat;
• write a question in the form below;
• call +7(499)369-98-20 - Moscow and Moscow region
• call +7(812)926-06-15 - St. Petersburg and region

Statement of claim to establish paternity (sample). How to write and submit a petition to court to establish paternity

3,185 views

The law provides for the possibility of entering data about the father into children's documents both with and without his consent. If the man does not want to recognize the child, the mother can initiate legal proceedings.

One of the important stages of preparing for the trial is drawing up a statement of claim. If you have no experience in legal data matters, this step can be challenging.

Let's look at how to file a claim to establish paternity.

Grounds for establishing paternity

Parental rights and responsibilities arise on the basis of the entry of the parents' data into the birth record of a minor. However, the mother first receives a medical document that confirms the birth of a child from this woman.

With confirmation of paternity the situation is more complicated. The Family Code provides for the following options for entering a man’s data into the birth information of a minor:

1. Presumption of paternity (Article 48 of the RF IC). A man is considered the father of a child by default if he is officially married to his mother. A similar rule applies if a baby is born within 300 days from the date of dissolution of the union.
2. Administrative establishment of paternity (through the registry office). Art. 48 of the RF IC provides for the opportunity for a man who is not married to the mother of a minor to contact the district registry office to submit a joint application. The woman confirms the fact of the birth of a child from this man. And he recognizes the minor as his child. In the absence of the mother's consent, permission from the district guardianship department is required.

Important! The procedure is possible if the minor’s birth certificate does not contain data in the “Father” column.

1. Judicial establishment of paternity (Article 49 of the RF IC). Going to court is necessary if one of the parents is against entering the man’s data into the child’s documents. For example, a father does not want to recognize his son/daughter. The issue is being considered through legal proceedings.

If there is a dispute between mother and father, it is advisable to involve a lawyer in the process. The specialist will help defend the applicant’s position. As practice shows, establishing paternity in court requires a professional. A lawyer will not only help in filing a statement of claim, but will also file a request for an examination.

Requirements for filing a claim to establish paternity

A prerequisite is the identification of the proper plaintiff. Otherwise, the court will return the application without consideration.

Persons who have the right to initiate the process of establishing paternity

No. Proper plaintiffs

1	Mother
2	Father
3	Child's guardian
4	Person with whom the minor actually resides
5	Child, after reaching 18 years of age
6	Prosecutor

The application must meet the general requirements for a claim:

• executed in writing;
• the number of copies corresponds to the number of persons participating in the process;
• evidence is included as an appendix;
• the document is signed by the plaintiff or his representative (if there is a notarized power of attorney).

Distinctive features of a claim to establish paternity are the involvement of the guardianship department and the registry office in the process. The guardianship department must provide a conclusion on the advisability of entering data about the man into the children's documents. As practice shows, the conclusion is always positive. Since having an official father is definitely in the best interests of the minor.

A civil registry office specialist is needed to receive instructions from the court if the claim is granted. Information about the father is entered by a specialist precisely according to a court decision, and not at the request of the plaintiff.

Important! If the application is submitted by an adult child, then the involvement of the guardianship department is not required. The exception is the situation when the claim is filed by a guardian in the interests of an adult incapacitated person.

Sample statement of claim to establish paternity

In most cases, the application is made by the father or mother. The law does not establish fundamental differences between claims.

Sample claim to establish paternity from mother

Download the statement of claim to establish paternity from the mother

Sample claim to establish paternity from father

Download the statement of claim to establish paternity from the father

Algorithm of actions to establish paternity

The process initiator must act in a certain order. Procedure for the plaintiff:

1. Preparation of documentation.
2. Filing a claim.
3. Referral to court.
4. Attending the trial.
5. Passing the examination.
6. Obtaining a court decision.
7. Changing data in children's documents through the Civil Registry Office.

Collection of documentation

The most popular proof of paternity in 2023 is the results of a DNA test. However, it must be remembered that this is not the only evidence.

The court must be able to evaluate the information in full. Therefore, it is advisable to prepare additional information.

The application must be accompanied by:

• plaintiff's civil passport;
• child's birth certificate;
• certificate F-25 (if available);
• an extract from the house register;
• joint photographs with the defendant;
• video shooting;
• correspondence on social networks, instant messengers, SMS, in which the man recognized the child;
• copies of bank receipts confirming receipt of funds for the child;
• proof of purchase of large gifts for the child.

Thus, the results of DNA research are not the only evidence. If there are no grounds, the court may refuse to order an examination.

Filing a claim

Contents of the statement:

• name and address of the city or district court;
• information about the applicant;
• defendant's details;
• data from the district guardianship department at the minor’s place of residence;
• data from the district registry office at the place of birth registration;
• name of the application;
• information about the relationship between the parties (cohabitation, relationships);
• proof of paternity;
• reference to law;
• applicant's requirements;
• petition to bring witnesses;
• application for DNA testing.

Payment of duty

The process of establishing paternity is costly for the applicant. First of all, because the costs of paying for the examination are borne by him.

In addition, you can additionally involve a lawyer. In most cases, the amount of remuneration depends on the number of meetings. And the processes to establish paternity can last 12-18 months.

However, the claim is non-property, so the fee is 300 rubles. It is advisable to include in the statement of claim a demand for the recovery of all costs from the defendant if the claims are satisfied.

Referral to court

Let's consider which court the application should be sent to. The issue of paternity is considered in a district or city court. The application is sent to the court at the defendant’s place of residence.

The exception is when a woman includes in her application a demand for alimony. In this case, the claim can be sent to the court at the place of permanent registration of the minor.

Trial

The presence of the applicant in court is not mandatory. The plaintiff has the right to file an application for consideration of the case in his absence. This option can be used if his interests are protected by a representative.

If the process is initiated in relation to a child aged 10 years or older, then it is necessary to involve him. The court must interview the minor.

If the applicant has not filed a request to order an examination, then the defendant and the court are given this opportunity. The exception is when the defendant has filed an application for acknowledgment of paternity.

DNA research

However, recognition of paternity in court occurs rarely. In most cases, it is necessary to resort to genetic research.

The procedure includes:

1. Making a determination on the purpose of the study.
2. Setting a date.
3. Visit to a specialized organization.
4. Collection of genetic material.
5. Payment for examination.
6. Preparing of report.
7. Sending documentation to the court.

Thus, the research procedure takes up to 60 days. The examination is carried out in an accredited organization, which is geographically located as close as possible to the place of proceedings.

Making a decision

If a study is ordered, the decision is based on evidence and examination results. The judge announces the verdict after it is rendered.

A written copy is issued:

• to the parties who are present in the process - during the day;
• to the parties who were absent during the process – after 5 days.

However, the document is for informational purposes only. It will be given legal force only after 30 days.

Arbitrage practice

In most cases, when an examination is ordered, the decision is based on its results. Therefore, the plaintiff's claims must be satisfied.

Example. Citizen E. applied to the court to establish paternity of her minor son. She named her former cohabitant as the defendant.

The woman provided the court with evidence of cohabitation, including an extract from the house register (the man was registered in her apartment). The plaintiff's neighbors and girlfriend were invited as witnesses.

The man insisted on an examination, as he assumed that the child was not his. The result of the study confirmed paternity. The applicant's demands were satisfied.

Therefore, the court makes a decision in favor of the plaintiff if the defendant does not come to the trial or does not attend the examination. The exception is situations when the trial or examination was missed for a good reason or the defendant did not receive a summons.

The issue of establishing paternity in court is resolved through legal proceedings. The quality of the application is of great importance.

The main reason for refusal to satisfy claims and return of documents is errors in registration. Therefore, it is advisable to entrust the preparation of the claim to a lawyer.

You can get a free consultation to establish paternity right now. To do this, leave a request to a lawyer on the website.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Save the link or share with friends

Rate this article

( 2 ratings, average: 5.00 out of 5) Loading…

Statement of claim to establish paternity (sample), How to write and submit a statement to court to establish paternity

Home / Parents' rights / Claim to establish paternity

Views 49

Parents - mother and father - have equal parental responsibilities to care for, educate and support their children. However, the law implies not so much a biological relationship between a child and parents, but a legal one.

According to Art. 47 of the RF IC, parental rights and responsibilities arise on the basis of the confirmed, proven and duly certified origin of the child from the parents.

Grounds and methods for establishing paternity

Establishing paternity is possible in one of several ways.

1. If a man and a woman are legally and registeredly married, the child born to them is recognized as joint. The husband is the father, the wife is the mother (clause 2 of article 48 of the RF IC);
2. If a man and a woman are divorced, the “300-day rule” applies: during this period, the divorced husband and wife are also recognized as the parents of the child born to the woman (clause 2 of Article 48 of the RF IC);
3. If a man and woman did not marry or divorced, after which more than 300 days have passed, paternity may be...

• recognized voluntarily - by submitting a joint application to the registry office by the mother and father (clause 3 of article 48 of the RF IC);
• established in court - by filing a claim in court to establish paternity (according to Article 49 of the RF IC).

1. If a man who considered himself the father of a child died, paternity can be recognized posthumously in court (Article 50 of the RF IC)

The basis for filing a claim for recognition of paternity may be the birth of a child outside of marriage, in which the putative father refuses to voluntarily recognize paternity and it is impossible to peacefully resolve the issue of the child’s origin. Such a claim is filed by the mother.

Another possible basis for filing a claim is the birth of an illegitimate child, in which the mother refuses to recognize the paternity of a man who considers himself the father and submits a joint application with him to the registry office. Such a claim can be filed by the father.

So, the right to file a claim for recognition of paternity is vested (according to Article 49 of the RF IC):

• Mother;
• Father;
• Guardian (trustee) of the child;
• An adult child.

How to write a statement to establish paternity correctly

Preparing a statement of claim (along with collecting documents and other evidence) is the most important part of the legal process to establish paternity. Firstly, its acceptance by the court for consideration, and secondly, the result of the consideration - a court decision, depends on how correctly, legally competent, reliably and accurately the claim is drawn up.

The claim should not be drawn up in free form with arbitrary content. A claim drawn up in violation of form or content, without mandatory data or containing unnecessary data (for example, profanity or information not relevant to the case), not signed by the plaintiff, not supported by documents - may be left without movement or returned to the plaintiff to correct the deficiencies.

The form and content of the claim are provided for in Art. 131-132 Code of Civil Procedure of the Russian Federation.

Based on this, the statement of claim to establish paternity must contain the following information:

• Name and location of the court;
• Details of the plaintiff (full name, place of residence);
• Details of the defendant (full name, place of residence);

1. Title: “Statement of Claim to Establish Paternity”;

1. Main part (statement of the circumstances of the case):

• features of the relationship between the child’s parents (when the marriage was concluded and dissolved, when cohabitation began and ended);
• child’s details (full name, date of birth, place of residence at the time of filing the claim)
• whether the plaintiff/defendant recognizes paternity,
• evidence of the child’s origin from the plaintiff/defendant;
• reference to the legislation that regulates the rights of the child, parental rights and responsibilities, the procedure for resolving disputes and judicial proceedings;

1. Claim: to establish the paternity of the plaintiff/defendant;
2. List of applications:

• copies of passports of the plaintiff and defendant;
• a copy of the marriage or divorce certificate (if the marriage was concluded or dissolved);
• a copy of the child's birth certificate;
• certificate of family composition (confirmation of the child’s place of residence with the plaintiff or defendant);
• additional documents confirming the circumstances and arguments set out in the claim.

Sample statement of claim to establish paternity

Below you can download a ready-made sample claim to establish paternity. The sample is drawn up in accordance with the provisions of Art. 131-132 of the Code of Civil Procedure of the Russian Federation, norms and rules for maintaining business and procedural documentation, as well as judicial practice.

Use the proposed sample in the process of preparing your own claim. If you still have questions, need advice or legal advice, write to us on our 24-hour legal support chat or call our hotline.

How to file a claim in court

Let's look at the court procedure that awaits parents after filing a claim for recognition of paternity.

Procedure

1. To attempt resolve the dispute out of court (voluntarily). According to paragraph 3 of Art. 48 of the RF IC, paternity can be recognized voluntarily - by submitting a joint application to the registry office by the mother and father.

   If it is possible to resolve the issue peacefully, this will avoid a protracted and procedurally complex trial.

1. Prepare a claim to establish paternity (rules for preparing a claim and a ready-made sample for downloading are above);
2. Collect documents that can be used to prove the origin of the child;
3. Submit a claim (together with the attached documents) to a judicial authority;
4. Wait for the court's decision to accept the claim for consideration (indicating the date, time and place of the first court hearing);
5. Attend court hearings (first and subsequent). Take part in legal proceedings:

• give reasons, give explanations,
• submit additional evidence,
• ask the court to submit requests and demand additional evidence,
• ask for a genetic examination.

1. If the court orders a genetic examination , visit a medical facility at the appointed time and provide biological material (parent and child) for research;
2. Obtain a court decision;
3. After 30 days (after the court decision enters into legal force), contact the registry office to enter registration information about the father in the register books and receive a birth certificate for the child.

Which court should I file my claim in?

According to paragraph 3 of Art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate court is not authorized to consider parental disputes about establishing or challenging maternity and paternity . Such cases fall under the exclusive jurisdiction of district/city courts.

You can file a claim in the district/city court...

• at the place of residence of the plaintiff (clause 3 of article 29 of the Code of Civil Procedure of the Russian Federation).
• at the defendant’s place of residence (Article 28 of the Code of Civil Procedure of the Russian Federation).

There are several ways to file a claim with the court office:

• during a personal visit (according to the work schedule of the court office);
• by mail (by registered mail with a list of attachments and acknowledgment of delivery);
• through a representative (by power of attorney to file a claim and represent the interests of the principal in court).

Documentation

The statement of claim to establish paternity must be accompanied by documents that confirm all the circumstances, arguments, and evidence set forth in the claim (according to Article 132 of the Code of Civil Procedure of the Russian Federation).

List of main documents :

• Copies of the statement of claim
• Copies of the child's birth certificate;
• Copies of the parties’ passports;
• Certificate of family composition (to confirm joint or separate residence with the child);

The list of additional documents that confirm paternity depends on the circumstances and may include:

• medical documents (extract from the medical card, exchange card, extract from the maternity hospital);
• joint photos,
• letters or electronic correspondence confirming the voluntary recognition of the relationship between the child and the parents;
• call recordings;
• video recordings;
• testimony (from relatives, friends, neighbors) confirming the close relationship or cohabitation of mother and father;
• documents that confirm the joint residence of the mother and father at the time of conception, pregnancy and birth of the child (certificates from the housing authority, extracts from the house register, rental agreement for residential premises);
• checks, receipts, statements that confirm the father’s expenses during pregnancy and after childbirth;
• other evidence of voluntary recognition by the mother or father of a relationship with the child.
• expert's conclusion based on the results of DNA examination.

All documents must be attached to the court in as many copies as there are parties involved in the trial (court, plaintiff and defendant, additionally - the guardianship and trusteeship authority).

Expenses

For filing a statement of claim with the court for recognition of paternity (as a non-property claim), a state fee is charged - 300 rubles (according to clause 3 of Article 333.19 of the Tax Code of the Russian Federation). However, according to paragraph 15 of Art. 333.36 of the Tax Code of the Russian Federation, plaintiffs who apply for the protection of the legitimate interests of minor children are exempt from paying state fees.

Carrying out a genetic examination will also have to incur considerable expenses ( from 10 to 15 thousand rubles - depending on the location and rating of the medical institution, as well as the urgency, type and complexity of the procedure).

Payment for genetic testing is borne by the party that filed the request for the procedure (usually the plaintiff). If the relationship between the child and the parent is confirmed, the costs of the examination may be borne by the defendant. If the relationship is not confirmed, expenses will not be reimbursed.

Procedure

• Having accepted the claim for consideration, the court schedules the first (preliminary) court hearing.
• During court hearings (first and subsequent), the court will ask the parties questions about the essence of the dispute: how the relationship between the parents developed, under what circumstances the pregnancy occurred and the child was born, how the mother and father reacted to pregnancy and the birth of the child, how they performed parental responsibilities (with where the child lived, who took care of the child, who bore the expenses for its maintenance, who raised the child).
• The court also examines the evidence presented: documents, printouts of correspondence, joint photographs, receipts for money transfers, purchase receipts confirming paternity or indicating voluntary recognition of paternity.
• The plaintiff or defendant may file a petition to request additional documents, to invite witnesses (who can confirm the relationship of the father and mother to the child and parenthood), to conduct a genetic examination.

A genetic examination, which can be ordered by the court at the request of the plaintiff or defendant, is one of the possible evidence of paternity, which is considered by the court along with other evidence. If the plaintiff or defendant refuses to participate in the DNA examination, the court may make a decision based on the evidence presented in the case. If the result of the expert examination is decisive, the court may make a decision in the case on the basis of the plaintiff or defendant’s refusal to conduct the examination (clause 3 of Article 79 of the Code of Civil Procedure of the Russian Federation).

What else do you need to know about the paternity trial?

• If the plaintiff misses the court hearing twice without warning, the court will leave the claim without consideration.
• If the defendant (who has been duly notified of the date, time, and place of the court hearing) misses the court hearing twice without warning without submitting to the court a document confirming a valid reason for the absence, the court may make a decision without him;
• If the plaintiff refuses to take part in the DNA examination ordered by the court (does not visit a medical facility or submit biomaterial for the examination), the court will reject the claim. If the defendant refuses to take part in the DNA examination, the court may rule in favor of the plaintiff (according to paragraph 3 of Article 79 of the Code of Civil Procedure of the Russian Federation).

As a result of the trial, the court will make a decision:

• satisfy the claim and establish the fact of paternity;
• refuse to satisfy the claim.

Having received a positive court decision, the parties must submit an application to the registry office - information about the father will be entered in the register books, and the parents will be issued a new birth certificate for the child.

Deadlines

According to Art. 154 of the Code of Civil Procedure of the Russian Federation, the duration of the trial in a district/city court is 2 months. However, depending on unforeseen circumstances, the trial period may be delayed.

Thus, the court may postpone the trial of the case to file or request additional evidence, involve other persons in the case (for example, witnesses), for the duration of the examination or other procedural actions, when filing a counterclaim, due to the parties missing the court hearing (Article 169 Code of Civil Procedure of the Russian Federation)

After the court decision is made, another 30 days before it enters into legal force and can be executed.

As judicial practice shows, parental disputes about the origin of a child take a lot of time and require a lot of effort - to prepare a legally competent claim, to collect a strong and reliable evidence base, to conduct an expensive DNA test, to attend court hearings.

If you need professional legal support - from preparing a claim based on a sample and ending with representing the interests of your child in court - you can count on the support of our lawyers.

You can get a free consultation with a lawyer today - ask your question in the 24-hour legal support chat or call the hotline.

We will give advice and show you how to act in the legal field - free of charge.

Statement of claim for recognition of paternity

Filing a claim to establish paternity

Acknowledgment of paternity can be done voluntarily and through the court. The procedure for voluntary recognition of paternity in 2018 does not require genetic examinations.

The man voluntarily agrees to recognize himself as the father of the child and draws up the appropriate documents for this at the registry office. The need for voluntary recognition may arise in cases where a child is born in the so-called. civil marriage.

With such recognition, the man submits to the registry office a joint application with the woman to establish paternity . The child's mother must confirm the man's paternity.

Call right now and solve your questions - it's fast and free!

The application form has a standard form. You can view and download here: [sample application]. It indicates the surname of the mother and father, complete information about their birth, residence and citizenship. It also indicates the last name, first name and patronymic chosen by the parents for the child, his date of birth and other data that are established by the procedure for filling out the document.

Difficulties in such adoption may arise if the child's mother dies. In this case, paternity can only be recognized through court. The same procedure for determining paternity applies in cases where a man refuses it.

The reason for this behavior is the man’s reluctance to pay the woman child support .

In this case, the woman files a statement of claim to establish the fact of recognition of paternity (you can view and download here: [sample statement of claim to establish paternity]).

The court decides to compulsorily conduct a genetic examination, based on the results of the analysis, a verdict is issued on recognition of paternity.

A special procedure for genetic examination is provided for the case when such a procedure is carried out to identify an heir whose putative father has died at the time of filing the application.

This situation requires a special legal procedure .

Filing a claim

Not only the mother can file a claim for recognition of paternity in court. The child and his guardians have the same right. In judicial practice, there are also cases when the father himself became the filer of the claim. The form for filling out the application is issued by the court clerk upon application.

Mandatory details during registration are complete information about the applicant, his place of residence and the name of the court to which the statement of claim is sent. An application is drawn up in triplicate . One copy remains in court, the other two are intended for the plaintiff and defendant.

Articles 48 and 49 of the Family Code are devoted to the procedure for recognizing paternity in court . A man can file claims only at the mother’s place of residence. A woman can file a claim at the place of residence of her and the defendant.

List of required documents for filing an application

Three packages of documents are attached to the statement of claim , on the basis of which the claims and a receipt for payment of the state fee will be considered.

The package of documents includes:

• certificate from the plaintiff’s place of residence;
• a copy of the child's birth certificate;
• a copy of the plaintiff's passport.

The original documents are brought directly to the court.

As evidence, joint photographs of the parents or their correspondence, as well as other documents that can be considered as evidence, may be attached to the application.

Conclusion

1. Paternity can be determined in two ways - voluntarily and in court.
2. The procedure for voluntary recognition of paternity takes place at the registry office. To do this, a joint application is submitted by the father and mother.
3. It is impossible to carry out a voluntary procedure for acknowledging paternity upon the death of the mother.

4. Recognition of paternity through the court is carried out in the case when a man objects to the voluntary recognition of himself as a father or died before such recognition.
5. A claim for recognition of paternity can be filed by a man only at the place of residence of the child’s mother.

   A woman has the right to submit an application at her place of residence and the defendant.

6. The filers of the claim can be not only parents, but also the children themselves, as well as their guardians.
7. The statement of claim for recognition of the fact of paternity is accepted in triplicate. His forms can be taken in court.

   It is accompanied by three packages of necessary documents and copies of receipts for payment of state fees.

8. The decision to recognize paternity in court is made based on the results of a genetic examination.

9. In the case of determining paternity for an heir after the death of a parent, a special procedure for considering the case in court is adopted.

List of laws

• Article 48 of the RF IC;
• Article 49 of the RF IC.

Samples of applications and forms

You will need the following sample documents:

Still have questions or your problem is not resolved? Ask them to practicing lawyers right now!

Call and solve your problems right now - it's fast and free!