Establishing paternity in the registry office if the marriage is not registered

Chapter 10 of the Family Code of the Russian Federation is devoted to the issue of the legal origin of children. It states that in the absence of an official marriage, a man has the right to voluntarily become a parent of a joint child. This procedure is called establishing paternity in the civil registry office, which will require an application and a certain list of documents.

Rules and terms for establishing paternity in an administrative manner

Articles of Federal Law No. 143 “On Acts of Civil Status” regulate the procedure for establishing paternity by civil registry offices. This is possible if there is a reason - an application submitted jointly by a man and a woman (or by one parent, under the circumstances specified in Article 51).

Voluntary establishment of paternity can be carried out regardless of the age of the child. The registry office must consider the application, even if the child has reached the age of majority.

But then the latter will also be required to provide written consent to make a legal entry about the father. The process of such registration is regulated by Article 52 of the above-mentioned 143 federal law. Written consent from the child can be in the form of a separate statement or a signature on a document submitted by the father.

In addition to the application, you must collect the following documents:

• If the child has not yet reached the age of 18, the mother and biological father fill out a joint application and indicate what surname will be assigned to him after registration with the registry office.
• It is also possible to submit such an application before the birth of the baby or immediately after his birth.
• Upon the unilateral application of a man, his paternity can be registered with the permission of the guardianship authorities if the mother:

In what cases is recognition impossible?

Family law regulates a number of situations in which it is impossible to make an official record of recognition of paternity in the registry office, these are:

• death of a man before submitting a written application;
• lack of consent of the woman to change the birth record;
• the presence of a man who is officially a parent;
• disagreement of an adult child to recognition of the applicant's paternity.

To resolve the issue fairly, it will be necessary to conduct a DNA examination of the child and father, which mothers do not always agree to.

How to recognize involvement in the origin of a child born out of wedlock?

Registration of paternity is carried out by the Civil Registry Office after submitting an application and all required documentation. In this case, there must be a joint decision of the father, mother and, if necessary, the child. In order for the procedure to go smoothly, you need to know how to write a petition correctly and what to attach to it.

The certificate is issued at the civil registry office: at the place where the child’s birth certificate was issued, at the place of registration of one of the parents, or at the location of the court that recognized paternity.

Sample application

There are two forms of application to the registry office, which are approved by Decree of the Government of the Russian Federation of October 31, 1998 No. 1274. Form No. 12 is filled out by a couple whose marriage is not registered, and form No. 13 is intended for a man whose wife has died.

In both cases, the document has the same structure. In it, the citizen must declare in writing that he recognizes himself as the father of the child (indicating his full name, date and place of birth, gender). It is also important to write that the woman (mother) recognizes the applicant as such.

At the end of the text the following is written:

• personal information of both parents based on identity documents;
• child’s preferred data: last name, first name, patronymic and nationality;
• list of attached documents;
• date of preparation and signature of the applicant.

You can submit documents to the mother and father together, separately or by mail (in which case the application and consent must be notarized).

After receiving the package of documents, the government agency is obliged to accept it (if the applicants did not make mistakes) and within 1 month make the appropriate registration entry in the birth register. The procedure is completed by changing the child’s data in his birth certificate or issuing a new document (at the joint request of the mother and father).

A sample application to establish paternity at the registry office can be downloaded here.

What documents are needed for registration?

To confirm the necessary circumstances of the case, in addition to the application, the registry office requires:

• passports of men and women;
• the child’s birth certificate (if it was issued before filing the application);
• a certificate from the maternity hospital confirming the birth of the baby (at the time of initial registration);
• a check in the established amount of state duty;
• consent of an adult son or daughter, if paternity has not been established before the application.

The sole submission of an application by a man must additionally be accompanied by a correctly executed permission from the guardianship authority and a positive judicial act. The package of documents should absolutely not contain a power of attorney to represent interests, since the applicant is obliged to personally fill out a petition to establish his parental rights and submit papers to the registry office.

Otherwise, the government agency will refuse to accept the application. Even a notarized power of attorney has no legal force in this situation.

The mother’s personal presence is not necessary; it is enough to obtain her written consent to register paternity, certified by a notary.

Amount and methods of payment of state duty

As part of this procedure, you must pay for a form of the child’s birth certificate and making an entry in the registration book.

The amount of the duty is determined by Article 333.26 of the Tax Code of the Russian Federation, and details for its payment can be found on the website of the Federal Tax Service.

For establishing paternity without issuing a new certificate, it will be 350 rubles, since changes will be made to the existing document. If parents wish to receive a new form, they will have to pay 650 rubles to the state treasury.

Obtaining a child's birth certificate

When sending an application during a woman's pregnancy, a new application from the man will not be required. A record of the child’s parents is made within a month after the birth, when it is registered.

In this case, the birth certificate is issued free of charge, that is, there is no need to pay a state fee. If the child in respect of whom the relationship of a man is established has reached the age of majority, he independently receives a new certificate. It should be recalled that recognition of paternity in this case is possible with the written consent of the child.

Legal consequences

A child who has an official father is endowed with all the rights and obligations established by family and civil legislation. The man, in turn, also acquires a number of obligations and powers towards the child.

These legal relations, in which the father’s relatives also participate, arise not from the moment of registration of changes in the registry office, but from the date of birth of the child. This unshakable rule is contained in Article 53 of the RF IC. It does not matter whether the man and woman are officially married or divorced. It is worth mentioning several important legal consequences.

Firstly, it is worth considering that the presence of a second parent can create difficulties for the mother; the father’s consent will be required for:

Secondly, the mother has the right to file for child support. If a citizen has a decent, stable income, you can count on receiving good money. Or, by filing an application with the court, the plaintiff has the right to demand in the form of alimony a monthly fixed sum of money, a multiple of the minimum subsistence level.

In addition, a man can independently fulfill the obligation to support a minor - pay for studies, classes, purchase clothes and shoes, transfer a certain amount to his bank account. It is recommended that you keep all receipts and receipts confirming expenses.

They will be needed in court to prove voluntary payment of alimony if the mother applies for their collection. After paternity is established, the woman loses her status as a single mother. This entails the abolition of all government benefits.

This decision will not be affected by the fact that an unscrupulous father may evade paying alimony. As a result, the mother risks being left without additional means of subsistence. Often, women choose official singlehood to receive stable payments from local authorities and basic necessities (clothing for the baby, free meals at school, etc.).

But she can always apply for low-income status, which also provides a number of preferences. If a man has large and valuable property, the child has the right to claim it after the death of the parent, through inheritance according to the law (subject to the absence of a will in favor of other persons).

Before taking such a serious step, both parents should think about the consequences for them and the baby after paternity is established. There are still more positive aspects from registration, and the main one is that the child gains a full-fledged family and the opportunity to receive care and love from both parents.

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Establishing paternity in the registry office: application, documents | All about divorce, alimony and division of property

The first document a person receives upon birth is a birth certificate. In this document, in addition to the date of birth, last name, first name and patronymic, information about the parents is also indicated.

There are several options for legal registration of paternity

Determining the mother of a child is usually not difficult; you need to provide a certificate from the medical institution where the birth took place and a passport.

The mother herself has the right to indicate the father of the child with his consent or leave this column blank. In the latter case, the mother herself can indicate the child’s middle name.

In order for a man who is the legal husband of the child’s mother to be included in the birth certificate from his wife, her consent and passport are sufficient. However, the situation becomes more complicated if the baby's parents are not married. Then there are several options to legally formalize paternity. If the man has no objections, the documents are processed through the registry office.

If a man, for one reason or another, refuses to voluntarily acknowledge paternity, then he can be forced to do so by appealing to the judicial authorities. But most often there is no need to resort to such a measure; the man agrees with his role in the child’s life and only legal formalities remain to establish paternity.

Who can register the fact of birth

Typically, one of the child's parents obtains a birth certificate. But there are also situations when, for one reason or another, a newborn’s parents no longer exist. Contrary to maternal instinct and sense of responsibility, some mothers do not pick up their children from the maternity hospital. There are situations when the mother dies during childbirth, and there are no other relatives.

Obtaining a birth certificate

Fortunately, in the modern world there are fewer and fewer such situations, but the law provides for the procedure for obtaining a document in this case as well. In addition to the child’s parents, employees of the maternity institution can obtain a document confirming his birth. In addition, relatives of the child who are not his biological parents can also apply.

Divorce in the presence of a small child under 3 years of age

Registration of the fact of paternity, as well as obtaining a birth certificate, is carried out at the civil registry office.

You can not contact any department, but only the one to which the house where the mother or father is registered belongs. Recently, it has become possible to submit an application through the Multifunctional Center.

Sometimes people mistakenly contact the registry office where they registered the relationship. This is not true.

Submitting an application to the registry office before the birth of the baby

After the baby is born, the father can take the documents to the registry office himself and they will give him a birth document. But this is only possible if he is in a registered relationship with the baby’s mother. If the marriage is not officially registered, both parents must bring statements or the signature of the absentee must be certified by a notary.

Young mothers often do not have the desire or opportunity to leave home for a long period of time to complete legal procedures. Sometimes maternal instinct simply does not allow a woman to leave her baby even for a few hours.

Some couples decide to submit the documents necessary to establish paternity in advance

In order to avoid complications, some couples decide to submit the documents necessary to establish paternity in advance. This can be done during a woman’s pregnancy.

But it will be necessary to indicate the circumstances that may make it impossible or difficult for the mother to submit the application personally.

This may be a distant place of residence, the absence of relatives with whom you can leave the child.

To do this, in addition to the application of both parents who are not husband and wife to each other, you need to attach a certificate stating that the woman is in an interesting position.

In this case, the birth certificate will be issued simultaneously with the registration of the child’s birth. However, it will not be necessary for both parents to write a new application and come.

The father or mother has the right to withdraw such a statement before the birth of the child.

Establishing paternity after the baby is born

In most cases, an application for a birth certificate is submitted after the birth of the child. If the parents are married, then on the basis of a certificate from a medical institution about the birth, the father can obtain a certificate and independently indicate himself as the father of the child. Additional evidence other than a document confirming the official marriage is not required.

Deprivation of mother's parental rights

But if the child’s parents are not husband and wife or have not officially registered the relationship, then the process of voluntarily establishing paternity may become more complicated.

Voluntary establishment of paternity if the marriage is not registered

Statement from the mother and father of the child

To establish paternity in the absence of a marriage certificate for the mother and father, you need to bring an application to the registry office. It must be drawn up and signed by both parents.

The paper states that the man is voluntarily ready to admit that he is the father of the child. The woman writes that she has no objections to this and voluntarily agrees to have the man recognized as the father of her child.

The application must be accompanied by a birth certificate obtained from a medical institution.

If the birth did not take place in a medical institution, then the testimony of witnesses or the person who delivered the birth will be sufficient. Based on their documented words, a birth certificate will also be issued.

It is important to note that, by agreement with the mother, any man has the right to initiate the establishment of paternity. Even if he is not the biological parent and knows about it.

In this case, he receives all the rights and obligations of the father, including the payment of alimony.

If it is proven that a man, at the time of submitting an application to the registry office for recognition of paternity, knew that the child was not conceived from him, he does not have the right to abandon his son or daughter in the future.

Even if a biological examination is provided, the court will reject the claim to challenge paternity. Thus, until the child reaches adulthood, the man registered as the father will be obliged to provide maintenance.

This responsibility does not end after the relationship with the mother is broken. This situation is regulated by Article 52 of the Family Code of the Russian Federation. In the future, when the child grows up, the official father has the right to apply for child support.

The man registered as the father is obliged to provide maintenance for the child

After information about the father is entered into the birth document, the civil registry office notifies the social protection authorities about this. This must be done no later than three days later. If the child is already 18 years old or has reached the age of majority at the time of the decision to recognize paternity, then his written consent is required.

Divorce procedure with minor dependents

 Application for recognition of paternity only from a man

Sometimes the official establishment of paternity is registered through the civil registry office based on an application accepted only from the child’s father. If the baby has a mother, but for some reason is not able to appear at the registry office, then in addition to the father’s statement of voluntary consent, a separate statement from the mother with a notarized signature is required.

Family law also provides for a number of conditions under which paternity can be established with a single statement from a man. This is realistic under the following circumstances specified in Article 48 of the Family Code of the Russian Federation:

• in the event of the death of the mother;
• declaring her incompetent;
• impossibility of establishing the whereabouts of the mother;
• in case of deprivation of her parental rights.

The presence of one of the above conditions must be documented.

To do this, you can submit along with the application a death certificate of the woman who gave birth to the child, a medical certificate about her inability to adequately assess reality (about a psychological illness), a certificate from a medical institution about incapacity. In addition, you can provide a court decision on deprivation of parental rights.

Under certain circumstances, paternity may be established by individual application.

Problems with registering paternity

It is important to understand that even if the mother's moral character is terrible, she drinks, uses drugs, harms herself or the child, it may be difficult to officially deprive her of parental rights. And without a paper about the court decision, provided that the mother does not give voluntary consent, it is very difficult to establish paternity.

If a father wants to protect a child from an unworthy woman and voluntarily take on the responsibilities of raising him, without legally establishing the fact of paternity, this will not be easy to do.

We must not forget that in our country, until a child is ten years old, the court is inclined to believe that it is better for him to live with his mother.

Recognition of paternity outside of marriage

Father is not just the name of a parent, it is responsibility, obligations, solving the child’s pressing problems and much more. That is why men are not always ready to take responsibility for the future baby.

Registration of paternity is an automatic procedure when it comes to children born in marriage. But if the parents did not bother to formalize the marriage relationship prematurely, then they will have to fulfill a number of conditions that will allow paternity to be formalized.

How is paternity established voluntarily and how to do it forcibly?

What to do if the father recognizes the child?

Timely legalization of relationships between adults may not take place in time.

All couples may have different reasons for this, from impossibility due to the lack of special permits and documents to the usual lack of funds for holding a ceremony. At the same time, a man can be happy about the expected addition to the family and look forward to the birth of the baby with joy. Or maybe the father matured later in order to adopt a child; in any case, with the man’s voluntarily expressed desire to legitimize his parental obligations, his impulse will not encounter any obstacles.

The upcoming procedure and recognition of paternity outside of marriage depends directly on the following nuances:

1. Does the woman want the father to be included in the birth certificate issued for the child?
2. Does the father have any doubts about his relationship?
3. Does the man agree to voluntarily give permission for the procedure?

Voluntary acknowledgment of paternity

Voluntary recognition of paternity allows you to simplify the procedure to a minimum; most often it is carried out at a time and only takes a few hours.

To recognize a child without coercion, at your own request, you will need:

1. Collect the required package of documents.
2. Together with the baby’s mother, contact the registry office.
3. Write an application to establish a relationship and make relevant entries in the necessary papers.

The whole procedure is quite simple and unpretentious.

List of required documents

When contacting the registry office, parents will not need to collect evidence that a biological relationship exists between the baby and the man.

You just need to provide the following package of documents:

1. Identification card of both adults who are the parents of the baby.
2. Child's birth certificate.
3. Application for inclusion of father in the metric.

The application is written on behalf of the man, it indicates the personal data and data of the minor. At the same time, you can express a request to change your surname. If the father is included during the initial registration of the baby’s birth, then the procedure is completely simplified.

Contacting the Civil Registry Office

When contacting the registry office, you should remember that the father cannot be entered if only one party appears.

This requires the mutual desire of both parents. You can register a baby in your name even if he is not biologically related. Adoption is not prohibited by law and is encouraged by the state in every possible way. Therefore, the desire to voluntarily adopt children does not require any additional evidence.

If there are parents, their wishes and the required documents, the registry office employees immediately enter new information into the record books and issue a certificate of paternity.

Establishing paternity in court

How to establish paternity if the marriage is not registered and the man refuses his responsibilities in every possible way? There is only one answer - you should file a claim in court.

The court resolves issues related to the collection of evidence of kinship and establishment of paternity in the following cases:

1. The man does not want to become a father and pay child support obligations, although he admits that the minor is directly related to him.
2. The defendant does not recognize the relationship and believes that the newborn is not his son or daughter.
3. The woman wants to limit her influence on the baby and does not allow the man to communicate with him.

The complexity of judicial determination depends directly on the available initial data.

Statement of claim to establish paternity

How to correctly file a petition to the court can be found in the samples that are available on the stand in court and on legal Internet resources.

The claim must indicate:

1. Information about all three parties who take part in the process. This means the court itself, the applicant and the defendant.
2. Complete information about the baby, his date of birth and place of birth are indicated.
3. The situation is described and it is clarified why it happened that the newborn did not automatically find a legal parent.
4. Facts confirming the relationship are given.
5. A demand is made to establish the truth.
6. The papers that were attached to the claim are listed.

The claim is signed by the applicant and submitted to the secretariat for registration.

Statement of claim to establish paternity

Going to court

The main thing when going to court is to decide how to prove that the man is the father. It is the evidence presented that will be considered by the judge.

To go to court, you need to prepare thoroughly.

The applicant must collect a whole package of documents, including evidence of relationship. Then he draws up a petition and, together with all the forms, applies to the desired court.

The jurisdiction of these cases implies filing claims at the place of registration of the defendant, although the presence of a young child may allow filing a claim at the place of residence of the mother of the newborn.

What evidence should I provide?

The plaintiff will have to prove the relationship. By law, the defendant is not obliged to justify himself, although he has every right to present counterarguments.

The evidence base can be:

1. Witnesses. This point can include anyone. Both acquaintances, relatives, neighbors, and strangers. For example, you can seek testimony from medical workers or guardianship authorities.
2. Documentary forms showing the existence of a relationship between adults. Audio recordings, photographs, SMS correspondence, filmed videos.

The main evidence today is DNA testing. Moreover, it must be installed only at the request of the court. Self-conducted genetic testing is not recognized in court.

Obtaining a certificate of paternity

Proven paternity requires confirmation through an issued certificate. To obtain a certificate, the plaintiff will need:

1. Wait for a written copy of the court order to be issued.
2. Take your passport and the baby’s birth certificate.
3. Pay the required state fee.
4. Contact the registry office.
5. Write an application there for the form to be issued.

The result of these actions will be the receipt of a certificate and the entry of new information into the civil records book.

Establishing paternity in the registry office: list of documents, application, after marriage registration

Last modified: June 2023

Establishing paternity in the registry office is possible even without a marriage relationship, if both parents agree with this.

For a married couple, as a rule, the issue of establishing paternity does not arise - after registering the marriage and the subsequent birth of the baby, his mother applies to the registry office and receives a certificate establishing the fact of the birth of the baby and his parents. The official spouse by default becomes the father of the child in legal terms.

Establishing paternity on a voluntary basis will not require judicial review. It is enough to visit the registration authority and submit the appropriate application.

General rules

To establish paternity, the man must be legally competent. After official confirmation, it is no longer possible to refuse the entry in the document, and the man is endowed with all the rights and responsibilities inherent in parents.

If a man subsequently wants to challenge paternity, this can be done only in one case - if at the time of applying to the registry office with a voluntary application, the person did not suspect that the biological father was another applicant.

Why is paternity established?

The law establishes equal rights of mother and father, and responsibilities are equally distributed (see Article 61 of the RF IC).

The point at which paternity begins is the official establishment procedure and up to the 18th birthday.

In some cases, it is possible to limit the powers of the father as a teacher of a minor. The reason may be the absence of information about the father in the registration record due to the absence of an official marriage and separation from the family.

The absence of a record of the father may serve as a reason for refusing to accept an application for alimony, even if the child is his own. The basis for filing a claim will be the establishment of family ties with the minor.

When possible

 

There are no restrictions when determining when the father can be identified, but the process will vary:

• when registering an entry upon receipt of a birth certificate;
• after a document has already been issued for the newborn and the parent is not indicated there.

If the child’s father is already registered, and another man wants to formalize parenthood, they go to court to resolve controversial situations.

A simplified procedure for making an entry about the father is also provided in situations where the spouses have already divorced by the time the baby is born, but 300 days have not yet passed since the divorce. An entry in the birth certificate appears at the request of the mother without the consent of the ex-spouse.

What documents are needed

Along with the application, the main package of documentation is submitted:

1. Civil passports of each of the potential parents.
2. Payment document confirming payment of the state fee for making an entry.
3. A certificate for the child, if the father’s record is recorded after the minor’s first personal document is issued.
4. A medical certificate confirming the birth of a new citizen (for situations where paternity is established simultaneously with the issuance of the first personal document for the newborn). See also Certificate of Paternity.

Sometimes only the father submits documents to the registry office. Unilateral establishment of paternity without the presence of the mother is allowed if:

• the mother is wanted and her whereabouts are unknown;
• mother is declared dead;
• the court recognized her incompetence;
• Mom was deprived of parental rights.

In order to make an entry, you will need to submit a document indicating the search, death, incapacity, or deprivation of maternal rights. Additionally, permission is provided from the guardianship department.

If necessary, paternity is established before the baby is born. In this case, the registry office provides a certificate from doctors confirming the woman’s pregnancy.

How to write a statement?

For the registry office, fill out a special application form, which must contain the following information:

• Full last name, first name, patronymic of the person who applied to the registry office with a request to establish paternity.
• Information about the applicant’s birth (date, place).
• Belonging to a specific state.
• Address details of the person who intends to register himself as the father.
• Information about the ward: full name and gender, as well as birth information.
• Information about the child's full name after paternity has been established.
• The reasons why a man decided to recognize himself as the father of a particular baby.

When the procedure is carried out in relation to an adult child, then in addition to the above package of papers, his written consent is prepared. To register a parent in relation to an adult, it is necessary for him to declare his readiness to identify the father. If the child is an adult, his interests must be represented by his parents and official representatives.

When is it impossible to establish paternity?

There are not many reasons for refusing to officially recognize a man as a parent:

1. An incomplete list of documents has been collected (if the application is submitted unilaterally, you must first obtain a document indicating the existence of such a right).
2. The request to enter data was received in conditions where the child’s father has already been registered, about which there is an act record. The refusal is invalid if the father is identified from the words of the mother, without the presence of a man.
3. If a man is officially declared incompetent, he cannot file an application to establish paternity.
4. When the application comes from a guardian, an employee of the guardianship authority, they may refuse in the absence of documents confirming the competence of the applicant’s actions.

We recommend you know: how to establish paternity by blood type.

The procedure for establishing paternity does not require special preparation. Documents are submitted to the civil registry office of their own free will. Registration is carried out immediately as soon as the applicant has submitted all the necessary papers and paid the fee.

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How to establish paternity in 2023: if the marriage is not registered, through the court, if the father or mother is against

The need to establish paternity arises if the parents of a minor have not officially registered their marriage on the date of birth of the child.

If there is a dash on the birth certificate, then paternity can be established in two ways - through the registry office on a voluntary basis, or through the court, forcibly.

To do this, you will need to collect a package of necessary documentation and perform a number of actions, which are discussed below.

Establishing paternity voluntarily

If the baby’s parents have not officially registered their marriage, but the father plans to prove the existence of a family connection with the child, then paternity will need to be determined. If the man wishes, all necessary actions are carried out in the registry office, and the procedure itself is simplified.

You will need to perform the following list of actions:

Write an application to determine paternity

A woman and a man make a statement together. However, in the following situations, a man submits a document unilaterally, on his own:

1. the minor's mother died;
2. a woman was deprived of her parental rights to a child;
3. the woman has gone missing.

In this case, the consent of the guardianship authorities, issued in writing, will be required. This document is attached to the completed application. If there is no consent, paternity will have to be determined in court.

Download a sample application form for establishing paternity through the registry office ( form No. 12)

In addition, a man and a woman have the right to apply during the pregnancy of the expectant mother.

This can be done in situations where the child’s father plans to go on a long business trip, he is scheduled for a serious operation, as a result of which he is unable to go to the registry office on the prescribed date.

When the child has reached the age of 18, parents will need to obtain his written consent to carry out this procedure.

In a situation where a minor is deprived of legal capacity, paternity can be established with the consent of the guardian or guardianship officials.

Prepare a package of required documentation

Applicants will need to provide the following documents to the civil registry office employees:

• a properly completed application;
• child's birth certificate;
• documents confirming the man’s right to apply on his own behalf;
• consent of an adult child to conduct paternity, formalized in writing;
• consent of guardianship officials to establish paternity in relation to a minor, when the applicant is only a man, or a child deprived of legal capacity;
• a receipt confirming the fact of payment of the state duty (its amount is 350 rubles).

If the father makes an application on his own behalf, then the following documents confirming this right may be:

• mother's death certificate;
• a court ruling that the child’s mother is deprived of legal capacity or parental rights;
• a court order stating that the woman is missing and information about her current location is unknown and cannot be found;
• a document issued by police officers at the last known address of the woman, which confirms the fact that it is not possible to determine her current place of residence.

There is no need to provide a certificate of death for the mother if the state registration of the fact of death was carried out by the registry office department to which the father applies.

Contact the Civil Registry Office

It is allowed to contact the civil registry office office that is located at the address of residence of the minor’s father/mother, at the address of the state registration of the child’s birth.

In addition, it is possible to submit an application and other necessary documentation remotely, via the Internet, using the official website of government services.

If one of the applicants cannot visit the registry office in person and submit all the necessary documents, then the second person applying must have the signature of this person, certified by an employee of the notary agency.

Get a completed certificate

It is issued on the day the applicants visit the registry office. However, if the parents submitted the application during the woman’s pregnancy, then registration can be carried out together with the registration of the birth of the child.

Establishment of paternity forcibly through the court

It will be necessary to initiate legal proceedings in the following situations:

1. the man does not want to recognize the child as his own;
2. the father does not file a joint application to determine paternity;
3. the mother of the minor, as well as guardianship officials, do not agree to determine paternity in court.

The following persons may act as plaintiffs:

• one of the minor's parents;
• trustee, guardian of the child;
• a person who is dependent on a minor;
• directly the child, if he has reached the age of 18.

So, if the father is against establishing paternity on the basis of a peaceful agreement, then the following actions will need to be taken.

Prepare a package of necessary documentation

The required documents include the following certificates and papers:

• claim to determine paternity;
• child’s birth certificate (you will first need to make a photocopy);
• a receipt confirming the fact of payment of the state duty (its amount is 300 rubles);
• documents that prove the relationship between the minor and the man.

Download a sample statement of claim to establish paternity and collect alimony

The court accepts any evidence that establishes the fact that the minor is the man’s natural child:

• written evidence;
• expert opinions;
• audio recordings, videos;
• witness's testimonies;
• explanations of the plaintiff and defendant, as well as other persons.

It is possible to conduct a DNA test that will determine with 100% accuracy whether the child was actually conceived by a particular man.

The court has the right to request other documentation - a card of a newborn baby, a birth history, a card of a pregnant patient.

In addition, you can obtain the necessary information directly from the offices of these institutions.

Contact the district court

The next step is to contact the district court, providing specialists with a claim and the required documentation. After this, you will need to take part in a court hearing.

You can go to court at the address of residence of both the plaintiff and the defendant.

If one or another party refuses to take part in the examination, does not provide the experts with the required documentation and materials, and without this it is not possible to carry out the examination, then the court will make its decision in accordance with the previous evidence that was provided before.

Prepare documents for state registration of paternity at the Civil Registry Office

A written statement that paternity has been established in accordance with a court order can be sent to the civil registry office remotely, using the government services web portal.

The following persons have the right to submit an application:

• mother or father of a minor;
• directly the child, if he has reached the age of 18;
• a person who is dependent on a minor;
• guardian or custodian of the child.

You will also need to collect the following package of documentation, providing it to the employees of the registry office:

• passport;
• child's birth certificate;
• a court order to determine paternity, which has already entered into legal force;
• a receipt confirming the fact of payment of the state fee for state registration of paternity and issuance of the corresponding certificate (its amount is 350 rubles);
• the applicant’s passport and power of attorney, if a representative contacted the registry office.

On the day the applicant applies to the registry office, the certificate will be issued and issued to him.

Let's sum it up

Thus, the fact of paternity can be determined in two ways - through the registry office or by initiating legal proceedings. The first method is used if the father agrees to carry out this procedure, but the court will have to go to court in a situation where the man categorically refuses to recognize the child as his own.

Even if paternity was determined in court, when the court ruling comes into force, you will need to contact the registry office to draw up and pick up the appropriate paternity certificate.

If you want to find out how to solve your particular problem, please use the online consultant form below or call :

How to establish paternity if the marriage is not registered

If a child is born out of wedlock, then paternity must be established. If the father doesn’t object, then there shouldn’t be any problems! And if the father is against it, what should he do?

How to register a child

After the birth of a child, his parents must issue his first document - a birth certificate. This document contains information about the date of birth and about each parent.

Information about the mother is indicated on the basis of the birth certificate from the maternity hospital. With paternity, the situation is somewhat more complicated. It can be installed:

Registration through the registry office

In the registry office, paternity, if the marriage between the parents is not registered, is established “automatically,” that is, the child’s father agrees in advance and does not object. To do this you need:

• together with the mother or independently visit the registry office where you plan to register the child;
• submit documents;
• write a statement that constitutes consent to establish paternity;
• receive a birth certificate.

To do this, two mandatory conditions must be met:

• the mother herself agrees that this man is the father of her child, and information about him will be indicated on the birth certificate;
• both parents are fully capable and have reached the age of majority.

But there are cases when the father wants to establish the fact of his paternity voluntarily, but it is not possible to obtain consent from the mother. These are cases such as:

• the child’s mother died during childbirth or immediately after it;
• mother's whereabouts unknown;
• the mother is deprived of parental rights regarding this child;
• recognition of the mother as incompetent by the court.

In the presence of such circumstances, a court hearing cannot be avoided.

Registration through court

If there is no joint application from the parents to the registry office, but there is a need to establish the paternity of a particular person, you need to go to court. This can be done:

• mother of the child;
• the father himself;
• legal representative – guardian or trustee;
• the child himself, after he reaches the age of 18 years.

Typically the goal is:

• receiving an inheritance from the father;
• collection of alimony.

When establishing the fact of paternity in court, it is worth considering the following nuances:

• if we are talking about an adult child, then you need to obtain his written consent;
• the application is considered in accordance with general proceedings. If the father died, then a special order will be established;
• the claim is filed at the place of residence of the defendant;
• Substantial evidence must be provided.

The claim must set out the circumstances that indicate that this man is the biological father of the child. The most reliable evidence is DNA testing. But not all parents agree to it.

For this reason, evidence may include:

• cohabitation of mother and father, and management of a common household. This can be evidenced by checks for utility bills, checks for loan payments, purchase of large equipment, etc.;
• a copy of the child's birth certificate;
• expert opinions. We are not talking about DNA examination, but about gynecological or biological examination;
• written evidence that the father recognizes the child as his (notes to school, captions for photographs, statements);
• audio and video materials;
• witness statements, etc.

If this evidence is not enough, the court will order a DNA examination. She gives a precise answer to the question posed: “Is this man the father of this child?” Biological material will be removed from both the man and the child for research. It could be:

• blood;
• hair;
• saliva;
• piece of skin.

In Art. 78 of the Code of Civil Procedure of the Russian Federation states that if a potential father evades DNA research or deliberately does not submit material for research, the court may recognize his paternity as established.

Conclusion

If a man does not agree with the court's decision to establish his paternity, he has the right to challenge this fact in court. But now he will act as a plaintiff, and his mother as a defendant.

How is paternity established through the registry office?

Today, children are increasingly being born into unregistered marriages. It is good if the parents live together in a civil marriage, since the issue of paternity is raised much less often in this situation of the parents’ relationship.

But when a mother herself raises a child without a father, difficulties may arise with the legal registration of the child and official recognition of paternity. The procedure for establishing paternity can be carried out in two ways: through the court or at the registry office.

This should be done without fail, since when dividing property, problems with the distribution of shares may arise. Through the registry office, this issue is resolved quickly, in a simplified form. However, a number of rules must be followed.

Reasons for submitting documents

The main condition for submitting an application through the registry office is the consent of both parents or a valid reason why one of the parents may be absent.

If the mother or father is against establishing paternity, then the issue will only be resolved through the court.

That is, if they want to officially register a child, neither the mother nor the father should be against this action and must recognize the blood relationship between the father and the child (Article 50 of the RF IC).

One of the parents can apply to the registry office without the presence of the other only if the child was born in marriage. Then the father is automatically recognized as the man who acts as the official spouse of the child’s mother.

The father must understand that consent to enter his data into the child’s birth certificate not only automatically establishes his relationship with the child, but also imposes on him a number of legal obligations - the upbringing and maintenance of a minor, which he subsequently has no right to refuse, even if he is not the child's biological father.

Who can submit documents for consideration

Depending on the specific situation, the circle of persons who can submit an application to the registry office to establish paternity may change.

• submitted only by the mother or only by the father if they are officially married or the child was born no later than 300 days after their divorce or the death of the man;
• jointly father and mother, having expressed their voluntary desire (Article 51 of the RF IC);
• if the mother is a single mother, then the father is recorded according to her words in the registry office;
• the father can apply only at his own request, subject to the conditions specified in Article 51 of Federal Law No. 143.

Regarding the last point, the father may decide to independently apply to the registry office in order to recognize paternity of the child, but only if:

• the mother has been deprived of parental rights;
• she died or went missing;
• the court declared her incompetent.

If one of the conditions of Article 51 of Federal Law No. 143 is met, then the father must prove this documented by presenting a certificate from the court, medical institution or police along with the application. In addition, if the child does not have a mother, he will need permission from the guardianship authorities, otherwise he will be refused.

Required documents

In addition to submitting the application, you must provide a mandatory list of documents, which will differ depending on who applied to the registry office.

• parents' passports;
• consent of the mother, if the parents are not married and paternity is established by mutual desire;
• consent of the child if he is over 18 years old;
• discharge from the maternity hospital, if recognition of paternity occurs immediately after the birth of the baby, and a certificate for him was not previously received;
• the child’s birth certificate, if the mother had already registered him with the registry office;
• a certificate of pregnancy of the woman, if the parents want to establish paternity before the birth of the child;
• consent from the guardianship authorities, if the father submits an application on his own, as well as a document confirming a valid reason for the mother’s absence;
• receipt of payment of state duty.

When filling out the application, indicate the surname that the child will bear after registration.

Documents should be submitted to the registry office at the place of registration of one of the parents. If the child has already been registered previously, then you should contact the same authority. You also need to pay a state fee for entering data about the child into the registration book and issuing a certificate.

According to Article 333.26 of the Tax Code, its cost is 350 rubles. But if you need to change only the information about the father and issue a new document, then the state fee will be 650 rubles.

The payment receipt must be submitted along with the application and the listed documents.

Sample application to establish paternity

In order to avoid making mistakes when drawing up an application, you can familiarize yourself with its sample at the information stand of the registration authority or download an example on our website.

Sample application on form 12 (if a mother and father apply jointly). Sample application on form 13 (if one father applies and the child does not have a mother).

If the child is an adult

Earlier, when listing the necessary documents, we indicated that when the child reaches the age of majority, his consent to establish paternity is also required. To do this, it is enough to present the child’s written consent with a personal signature, as well as a copy of his passport. Otherwise, the father will be refused. Otherwise, the procedure is no different from standard treatment.

Can they refuse to establish paternity?

If parents apply to the registry office jointly or on condition that their relationship is officially registered, then a refusal is possible if the package of documents is not complete or the application is incorrectly completed, which, in principle, can be corrected as soon as possible (Article 16 of the Federal Law). But as for the father’s application to the registry office, he may be refused for the following reasons:

• if the vital record is already on the certificate and another father is recorded there (Article 53 of the RF IC). An exception is the fact that the entry was made only from the words of the mother, provided that the parents were not married;
• if the child has already been adopted;
• if the guardianship authorities have not given their consent;
• if an adult child has not signed the consent (Article 48 of the RF IC);
• if the father is incompetent, convicted, deprived of parental rights, or is registered with a drug dispensary;
• if the conditions for filing an application unilaterally are not met - there is no document recognizing the mother as missing, dead, incompetent or deprived of parental rights.

If there are disputes and disagreement of one of the parties, the issue is resolved only through the judicial authorities. The same rule applies to situations where the father has died.

Thus, establishing paternity through the registry office is not difficult and does not require large expenses from you. The procedure will go quickly if both parents agree. However, before making an entry in the child’s birth document, you must understand that from this day on you will be assigned parental responsibilities in full, which you will not be able to refuse in the future.