Establishing paternity in court: step-by-step instructions, procedure, documents

Establishing paternity through the court may be necessary in different cases. But since quite often this procedure is forced, the circumstances must be really significant.

But, as a rule, this method of solution is resorted to by mothers whose common-law or legal spouses refuse to recognize themselves as the father of the child in question.

In this case, establishing the fact of paternity through the court is considered one of the most effective ways to achieve justice.

In what cases is it required

As for the reasons that could become a motive for opening a trial, there are not so many of them. Judicial practice shows that appeals of this nature are carried out when:

• The baby's father does not want to acknowledge the fact of paternity of the child;
• The child's mother does not want the biological father to communicate with the baby.

In each of these cases, a genetic procedure is necessary in order to avoid having to remember once and for all about establishing the fact of recognition of paternity. Having received the tests, no other evidence will be required as to whether the child is natural or not.

Who can file a claim

To finally close the issue of paternity, you need to file a lawsuit. And to do this, you need to know who can file a claim in cases of establishing paternity. So, the following people can do this:

1. The parents of the child, and any of the parents can file a claim on equal rights.
2. A child whose DNA is the subject of a dispute may also require paternity to be established in court. But only on the condition that the young person is already 18 years old. This item covers family law of the Russian Federation.
3. If the child has a guardian, he also has every right to request a genetic examination to recognize paternity through the court.
4. In addition, a person who has taken a dependent child can request such an examination.

But there are certain nuances of the matter. In particular, if the judicial establishment of paternity occurs over an adult child, even if the initiator is one of his parents or a guardian, the child’s consent is necessary. In addition, it must be written and formal. And if such a citizen is incapacitated, then the permit can be drawn up by his guardian.

The plaintiff must pay a state fee of 200 rubles, collect documentation and submit it all to court. When figuring out which court considers such cases, we can say that there must be a court of a district format, which is located at the place of residence of the defendant, or in the region where the plaintiff lives. The application is submitted:

• By the plaintiff himself, who takes it to the office;
• A representative of the plaintiff, but in this case a power of attorney is required;
• In the form of a registered letter by mail.

The fastest and most reliable way is to file a claim yourself, since the post office can take a long time to send a letter, and if you hire a representative, you need to pay for his work, which not everyone can afford.

Statement of claim (structure, sample)

One of the main documents that a plaintiff must provide in court is a statement of claim. But in order for it to be accepted and considered, this document must be drawn up correctly.

It depends on how seriously the court will take your appeal and whether it will be considered at all.

That is why filling out this document is carried out through the use of the established document format, and what information should be here:

• Indicate which court you are applying to, in particular, indicating a specific district or region;
• It is necessary to indicate the full name and residential address of the plaintiff in order to find out whether he is the parent of the children;
• Describe what the essence of the claim is and what are the immediate grounds for bringing it forward. In particular, this applies to such situations if the father cannot see the child due to a ban from his mother. By presenting demands and evidence that his rights were violated, this person can win the case;
• And do not forget to indicate the attached documents, because they are something like an evidence base for determining the position of each person.

Establishing paternity in court requires maximum disclosure of the topic. For example, indicate the information that would be most useful in order for the court decision to be correct.

A sample claim to establish paternity can be downloaded here

Required documents

After the claim has been made, it is time to think about what documents to attach to it to establish paternity and send it to court. But it should be borne in mind that the law does not establish an exact list of documentation, as well as the procedure for their preparation. In most cases, you need to prepare an almost individual package that reflects the nature of the case.

But still there are certain rules, and they are reflected in Article 55 of the Civil Procedure Code of the Russian Federation. In addition, this issue is partially regulated by family law. According to the information contained therein, the parties can present the following information to the court:

• Written documents that can support the position of the person filing the claim;
• It is fashionable to include the evidence of witnesses in the case without any problems;
• If there is, be sure to include photo and video resources and other data that can visually confirm the fact that the child looks like his parents. As a rule, such evidence, if not directly, but indirectly, can indicate that a given person is the father of the child, even if he does not recognize this fact;
• You can also attach an expert opinion.

But all of the above documents may be available, and if you can’t collect them, then it’s okay. But what you really can’t do without is the following documentation:

• Statement of claim (Article No. 131 of the Code of Civil Procedure of the Russian Federation);
• Since paternity of a person is being established here, evidence of the child's birth must be shown;
• Attach a receipt for payment of the state duty to the documentation;
• Depending on the circumstances, try to include other documents in the case.

In this case, there is the so-called freedom of evidence, that is, a person can attach all documents that he believes can turn the case in his favor. For example, medical certificates, if the alleged father previously indicated himself as the parent. Even the fact of living together for a certain period can become serious evidence.

Step-by-step instructions (order of actions)

In order to go through the entire process of establishing paternity, you need to know what steps to take so that the establishment of paternity in court, the step-by-step instructions of which are now described, is fair:

1. The first step is to collect evidence and write a claim.
2. In the second step, the written claim must be submitted to the court.
3. The third step is to wait until the case is heard in court and attend all hearings if necessary.
4. The fourth step is to take a DNA test, the results of which are reviewed by the courts.
5. If the case has been reviewed and paternity is recognized, paternity must be officially registered.

If all these steps have been completed, congratulations - you have reached the end.

Proof

As an additional basis for confirming paternity, just in case, the parties can collect the following evidence:

• Witness's testimonies;
• Documents where the person is indicated as the father of the child;
• Receipts for transferring money as alimony;
• Bank statements;
• Extracts from biography;
• Family photos;
• Certificate of family composition;
• Papers from medical institutions.

In addition, the court often accepts the refusal as an admission of guilt and makes a decision in favor of the applicant. This is stated in Article 79 of the Code of Civil Procedure of the Russian Federation.

DNA examination

This genetic examination is exactly what is needed to provide a 100% guarantee of paternity in court.

Although it should be said that not all court proceedings end with the alleged father being sent to the clinic for tests.

In addition, posthumous paternity determination is carried out in court. Establishing paternity after the death of a father is a complex procedure, since the latter’s genetic material is not always preserved. In this case, a test can be performed using genetic materials from the deceased's closest relatives. For example, his parents or children.

Who pays for everything

An examination to recognize paternity is a very expensive procedure. Naturally, a disinterested person will not want to pay for it voluntarily. But it should be said that many are afraid to do the test voluntarily, because after learning how much this procedure costs, they believe that they could spend this money more rationally.

And the cost of DNA examination ranges from 11,000 to 22,000 rubles. Payment can be made as follows:

• If the examination is ordered by the court and the defendant cannot afford such expenses, then it can be paid for from budget funds.
• If the desire to perform an examination comes from one of the parties to the legal proceedings, then the initiator pays for the procedure.

Thus, if the child’s mother is interested in recognizing paternity, then she must pay for the examination, and if the alleged father is such an interested party, then the payment is made from his wallet.

According to Art. 98 part 1 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, the judicial authority awards compensation to the other party for the expenses incurred in the case. These costs also include bills for the DNA test. In addition, this list also includes state duties and other costs associated with the case under consideration.

So if the test confirms paternity, the new father will be forced not only to pay child support, but also to return the money that the child’s mother spent on the examination.

If the father is against

If the father does not want to voluntarily acknowledge his paternity, the only thing the baby’s mother can legally do is file a corresponding lawsuit in court. This must be done without fail, since the law clearly states that both parents must fulfill their responsibilities in raising the child and in this area parents have equal rights.

If one of the parents refuses to fulfill their responsibilities, the other may demand their fulfillment through the court. The court orders the father to undergo a paternity test. This is important, since the absence of a family connection is significant evidence that a person may not fulfill his parental responsibilities.

Establishing paternity in court in the Russian Federation: step-by-step instructions for 2018

Typically, recognition of paternity in court is required if a man refuses to accept an illegitimate son or daughter. The mother can only write a statement of claim justifying her claims.

Additionally, it can indicate a clause on the recovery of funds from the defendant for the maintenance of the child. If the plaintiff's demands are satisfied, the newly-made father will be required to contact the civil registry office staff to change the information in the database and obtain the appropriate certificate.

The parties have the right to challenge the judge’s verdict no later than 10 days from the date of its delivery.

Features of judicial proceedings

Recognition of paternity is possible only through court. A statement of claim is filed by the mother, father or guardianship and trusteeship authorities (CCA). For the most part, the procedure is carried out voluntarily. If the biological father does not want to burden himself with responsibilities, then the trial becomes more complicated. The plaintiff will have to present evidence of the defendant's relationship with the child.

The court and guardianship authorities will act exclusively in the interests of the child. The opinion of parents in this situation fades into the background. If the claim is approved, property and non-property legal relations will appear between the man and the child.

The person with parental rights will have to care for, raise and support his child. If the father lives separately from the mother or the child is in the care of the guardianship authorities, then the statement of claim must indicate the clause on the payment of alimony.

A woman who is the mother of a child and receives money for his maintenance has the right to get married. In this case, the biological father will stop paying child support, but will retain parental rights. The new husband can only officially become his parent (adoptive parent) with the consent of the baby’s natural father.

If approval cannot be obtained, then the only way out will be the procedure for annulment of paternal rights. To begin, it is necessary to find strong evidence (child abuse, non-participation in upbringing, evasion of child support). After deprivation of the right to be a parent, new legal proceedings begin regarding the husband’s adoption of his wife’s child.

The judge's decision to establish paternity will entrust the man not only with the responsibilities of a parent, but also with the rights:

• educate, train and instruct your child;
• inherit the baby’s property if he dies;
• Expect care from your son or daughter in old age.

Establishment of paternity in court posthumously will be required in the following situations:

• dad did not have time to confirm the rights of the parent, but considered the child his own;
• the father did not want to recognize the child during his lifetime;
• the man died shortly before the baby was born.

Confirming the presence of family ties will be more difficult, especially in situations 2 and 3. You will need to provide evidence (video, audio recordings, witness statements) of this fact. If the claim is justified, the judge will rule in favor of the applicant. The child will be able to count on payments from the state and the inheritance of the deceased father.

Word of the law

The procedure for establishing paternity in court must be carried out in accordance with the articles of the Family and Civil Procedure Code. Their list is given in the table.

ArticleContents

209 Civil Procedure Code	Description of the procedure for rendering a verdict
312 Civil Procedure Code	Rules for filing a claim
322 Civil Procedure Code	Contents of the statement of claim
198 Civil Procedure Code	Judge's verdict options
47 SK	List and description of possible evidence
48 SK	Methods for identifying biological parents
53 SK	Rights of illegitimate children
50 SK	Subtleties and main points of the procedure for establishing paternity in court

The procedure for recognizing paternity is carried out in the district and city branches of the court at the place of residence of the alleged father.

The exception is when the father lives separately (in another city), and the mother, acting as the plaintiff, supports a minor child. In this situation, filing a claim is allowed at the place of residence of the applicant.

The grounds for changing the court department are established in Articles 28 and 29. Civil Procedure Code. Only authorized persons can apply to the courts for recognition of paternity:

• PLO employee or appointed representative (guardian, trustee);
• adult child;
• one of the parents;
• prosecutor.

A representative, such as a family member or lawyer, can act as a plaintiff on behalf of the applicant. You must first draw up and have a power of attorney certified by a notary. If the man is the applicant, he must attend the trial in person.

Drawing up an application

Establishment of paternity in court will be carried out on the basis of a correctly completed application. The document must contain truthful and verified information. Each point will be checked and if false information is identified, the defendant has the right to file a counterclaim for defamation of the plaintiff. The application must provide the following information:

• Indicate the address and name of the court branch to which the statement of claim is being filed.
• Provide information about the parties to the conflict (full name, place of residence).
• Describe your point of view, present demands and justify them.
• Talk about the available evidence.
• List the documents attached to the application.
• Add date and signature.

The plaintiff has the right to provide additional information that will be useful to the court:

• Contact phone number and email address for easy contact.
• Add a “petition” paragraph, in which you state your request to the court, for example, to call witnesses to testify.
• Provide useful information (information about your life together, relatives and friends), if it can influence the outcome of the case.

Sample application

An example of a claim looks like this:

If you have any questions, it is advisable to contact an attorney. The specialist will tell you how paternity can be established through the court, and, if necessary, can become a representative of the plaintiff in court. How much a specialist’s services will cost depends on the complexity of the case and the final result. The amount is agreed upon before the hearing.

Required Documentation

Before filing a claim, you must collect a package of documents justifying the requirements:

• A receipt confirming payment of the state duty.
• Evidence supporting the plaintiff's claim.
• Baby's birth certificate.
• A document confirming the cohabitation of the baby with the mother or an appointed representative of the PLO.

Each document should be duplicated in advance. DNA tests, photos and videos can be used as evidence. If necessary, witnesses are called to testify.

If the establishment of paternity through the court occurs posthumously, then the court will have to provide a death certificate of the intended parent. Additionally, the defendant will have to prove the connection between the deceased man and the child.

Step-by-step instructions and highlights

Recognition of paternity during the trial occurs according to a certain algorithm of actions. The main steps are outlined in the following table.

ActionDescription

Submitting an application	The collected documents, evidence and application can be brought to the office of the judicial department, sent by mail, making sure to indicate the “notification of receipt” clause, or handed over to the judge in person. You must make 2 copies of the application in advance. The first copy is given to the court, the second remains with the plaintiff, and the third is sent to the defendant.
Hearing the case	Initially, the court gives the parties to the conflict a chance to reconcile and find a compromise at a preliminary hearing. If the putative father is ready to make concessions, the judge will immediately order a genetic examination, based on the results of which he will make a decision. If it is not possible to close the issue peacefully, a date for the first meeting will be set.
Registration of paternity	If the establishment of paternity through the court was successful, then the newly made parent or his representative will be required to go to the registry office to change the data in the civil status acts.

Sometimes processes are delayed due to the discovery of new facts. The judge has the right to schedule a second hearing to continue the issue. In general, the duration of court proceedings in this case does not exceed 3 months.

If there are compelling reasons (not feeling well, caring for a relative), the plaintiff or defendant can ask the judge to postpone the hearing to a later date. You can use this right three times in total. For the 4th time, the meeting will be held without one of the parties, regardless of the reason for the absence.

Validity period

Paternity recognition cases have no statute of limitations. Even after several decades, an adult citizen has the right to file a lawsuit. Typically, such proceedings are conducted for the purpose of guardianship or inheritance of the defendant's property. The age of the child may affect the outcome of the case:

• Children over 10 years of age must speak out about a case being heard in court. Their opinion often plays a key role in making a decision.
• Adult citizens can personally file a claim for recognition of paternity. No one has the right to start the procedure without their consent.

Paternity registration procedure

After a verdict on recognition of paternity is issued, the parties have only 10 days to challenge it. If no one files an appeal, the decision will come into force. In another situation, it will be suspended and new proceedings will begin.

If there are no objections, the man recognized by the court as the parent of the child is required to appear at the registry office. You must take with you documents confirming the verdict:

• receipt of payment of state duty;
• identification;
• court verdict;
• baby's birth certificate.

Based on the documents provided, civil registry office employees will be required to issue a certificate of paternity. The procedure takes no more than 1 day.

State duty

The amount of the state duty depends on the option in which events develop:

• If the mother and father came together to the registry office for state registration of the child, then the amount will be 350 rubles. It includes government services and a birth certificate. Either parent can pay the state fee.
• If the problem cannot be resolved peacefully or it arose after the state registration of the baby in the registry office, then the applicant will pay 300 rubles for the procedure for establishing paternity. Each subsequent appeal of the verdict will cost another 150 rubles. The applicant has the right, after completion of the proceedings, to demand compensation from the defendant for all expenses. The person recognized as the father is in any case obliged to pay 350 rubles to the registry office employees.

You can find out payment details in the court office or on its official website. You can deposit funds through the terminal or provide them to a cashier at a bank branch.

Arbitrage practice

The most important point in paternity cases is the availability of evidence to prove the relationship between the defendant and the child. In their absence, the court will not even consider the case.

As an example, it is worth considering a situation where a woman had an intimate relationship with a married man and became pregnant. They met secretly, so there was no evidence, and the citizen himself denied the accusations.

The girl wrote a statement to the court, but the case was rejected because the demands were unfounded.

The situation is similar with DNA testing. The result of an examination obtained and presented as evidence before the court has appointed a medical examination is not a valid basis for recognizing paternity and will be rejected. In this case, no one will compensate for the funds spent by the plaintiff on the test.

Acknowledgment of paternity occurs during legal proceedings. If no friction arises, then everything is resolved in one hearing. Otherwise, the matter may drag on.

Witness testimony, photographs and recordings (video, audio) are used as arguments. The result of a DNA test is a valid basis for establishing paternity, but only after a medical examination has been ordered by a judge and the consent of the defendant has been obtained.

The parties will have 10 days to challenge the verdict. Then it will take effect.

Establishing paternity in court: step-by-step instructions, sample claim 2023

The main task of parents is to provide for and raise the child, as well as protect his rights and interests. Both spouses bear equal responsibility for upbringing. Unfortunately, children born out of wedlock are less protected.

A man may refuse to recognize the child and refuse to pay child support. To protect the rights of a minor, the law provides for a special procedure - establishing paternity in court.

It allows a man to be forced to fulfill his parental responsibilities.

Why prove paternity?

Most often, women go to court wanting to force a negligent father to regularly pay alimony. Article 49 of the RF IC provides for a similar possibility if:

• parents did not register their own relationship;
• the fact of paternity is not recorded in the child’s birth certificate;

Without carrying out such a procedure, it is impossible to receive not only alimony payments, but also an inheritance or benefit. The property remaining after the death of the father can only be transferred to his heirs.

In the absence of a will, these are the children, legal spouse, brothers, sisters, parents and other close relatives of the deceased.

If blood relationship is not proven, the illegitimate child will not be able to receive even a small part of the property.

A father has the right to take part in raising his own child. In the event of the premature death of a child, he may claim an inheritance.

In old age, the recognized father may demand that the child pay child support.

Ways to recognize paternity

The rules for determining kinship are regulated by Chapter 10 of the RF IC. The legislation provides for the possibility of resolving the issue without going to court.

To do this, you need to provide a corresponding statement, which will indicate the man’s consent to carry out such a procedure. The document is submitted to the registry office in the presence of both parents. When the application is reviewed, the relevant information is entered into the child’s birth certificate. In all other cases, you cannot do without a trial.

Not only the mother can act as a plaintiff.

According to the provisions of the law, the man himself can determine kinship if his parental rights have been infringed in any way or he needs to obtain confirmation of paternity.

In some cases, the reason for applying to the judicial authority may be the death of the child’s mother, recognition of her state of incapacity, disappearance or deprivation of the mother’s parental rights.

In such a case, an application must be submitted to the guardianship authorities. They are the ones who are considering the possibility of acknowledging paternity.

Guardians and persons who support the child have a similar right. The official spouse of a woman who gave birth out of wedlock can also sue. In addition, the child himself has the opportunity to initiate legal proceedings if he has reached the age of eighteen. This possibility is enshrined in Article 54 of the RF IC.

How to establish paternity through court - step-by-step instructions

The legislation does not regulate the time frame for determining kinship. The procedure for recognizing paternity can be initiated both during the life and after the death of the man, the putative father.

Acknowledgment of paternity is a complex and multi-stage legal procedure. Therefore, plaintiffs should follow the detailed step-by-step instructions below, or seek help from a family lawyer.

Step 1. Preparing for the court hearing

Before filing a lawsuit against the alleged father, it is necessary to prepare a mandatory package of documentation and competently draft the claim.

The statement of claim must include the following information:

• the name of the judicial authority in which the case will be heard;
• data of persons appearing in court as plaintiff and defendant (full name, residential address);
• a detailed description of the defendant's position. It is worth indicating information that the intended parent has refused to voluntarily recognize the fact of kinship and does not want to provide financial assistance to the child;
• legal position of the plaintiff. It is necessary to list the requirements put forward to the defendant;
• list of legal acts on which the applicant relies. They must contain the grounds for determining the fact of relationship through the court;
• list the facts proving the paternity of the person;
• At the end of the document the current date and signature of the applicant are placed.

Download the statement of claim to establish paternity

However, a single statement of claim will not be enough. You will need to attach other additional documents to it, namely:

• child's birth certificate (original document and copy);
• a copy of the applicant's passport;
• a receipt confirming payment of the state fee;
• documentary evidence that can be added to the case.

If the child has reached the age of eighteen at the time of filing the claim, his written consent will be required to open a case to determine kinship. In case of recognized incapacity of a person, such a document is issued by his guardians or trustees. Without such permission, the claim will not be considered.

If the alleged father has already died by that time, a document is provided to the court that can confirm this fact. For example, a copy of the death certificate.

It is equally important to correctly determine the court that will hear such a case. The procedure for establishing paternity can only be carried out by district judicial authorities. However, the law provides for exceptions. For example, a woman with a minor child has the right to file an application with the court at her own place of residence.

The plaintiff can submit a statement of claim to the court office in person, through his official representative or by mail, having issued a letter with notification of receipt.

Step 2. Providing evidence

The brought claim is considered by the court. The exact date and time of the court hearing is set. All participants in the process are informed in advance via letters. The opposite party has the right to file a counterclaim in order to refute the plaintiff’s arguments.

In addition, already during the consideration of the case, the defendant can recognize his right to paternity voluntarily. In such circumstances, no further examination of the evidence is carried out.

A well-drafted statement of claim increases the chances of winning in court. However, compelling evidence plays just as important a role.

You can confirm the relationship between the defendant and the child using:

• testimony;
• correspondence between the defendant and the plaintiff in any available resources;
• joint photographs, video and audio recordings;
• a certificate confirming the cohabitation of the applicant and the respondent;
• payment receipt from children's clothing or toy stores;
• statements from bank accounts, which record the fact of transfer of funds from the alleged father to the applicant;
• other evidence that does not contradict the law.

However, the most objective evidence of relationship is genetic examination . As a rule, it is appointed during the consideration of the case. The applicant must submit a corresponding application.

Download the application to order a genetic examination

It is not worth conducting a genetic test before going to court. The results of such a check will not be taken into account by the court.

Often, a man deliberately tries to avoid DNA testing, believing that this will increase his chances of winning. Indeed, it is impossible to force the defendant to conduct an examination. However, a person’s refusal is most often regarded by the court as an attempt to conceal the facts.

A DNA test that shows a 99% probability of a relationship between the child and the defendant is strong evidence. At the same time, a zero probability will serve as grounds for termination of the case in court.

But still, the court does not have the right to make a decision only on the basis of a DNA test. Therefore, other facts will certainly be considered during the meeting.

If the judge has doubts about the result of the examination, it may be re-appointed.

Genetic testing can be ordered even after the death of the putative father. It is recommended to conduct it before the person’s funeral. Otherwise, exhumation will be required, which is very expensive and often involves a violation of certain ethical standards. To carry out such a procedure, the official consent of the man’s close relatives will be required.

The defendant also has the right to present any evidence disproving paternity, since the trial is adversarial in nature.

Step 3. Registration of paternity

Based on the documents and other materials provided, the court makes a decision. If the outcome of the case is positive, the applicant is issued a resolution establishing the fact of the blood relationship between the child and the defendant. Paternity can be challenged within ten days after the decision is made.

A judicial verdict alone is not enough to force the defendant to fulfill parental obligations. This fact must be registered with the relevant authority.

The applicant himself or the person who represents his interests is obliged to contact the registry office, as evidenced by the corresponding power of attorney. You need to have with you:

• passport;
• child's birth certificate;
• court order;
• a receipt confirming payment of the fee;
• application requesting to register paternity.

The state registration procedure is carried out within one day. The applicant will be provided with a new document in which information about the father will be entered.

With this document, the applicant can re-apply to the judicial authority and demand that the child’s father pay the alimony required in this case. This requirement can be made both during and after the court hearing considering the case of establishing paternity.

Difficulties in establishing paternity

Establishing paternity in court step-by-step instructions + documents for establishing paternity

When a child is born to parents outside the official family (in a so-called civil marriage), a legal procedure such as establishing paternity is often required. Both the child’s mother and his father can insist on it.

For example, a woman goes to court if a man denies that the child was born from him. Representatives of the stronger sex file a corresponding claim when the child’s mother creates obstacles in his upbringing or does not recognize the man as the father.

In short, establishing paternity in court occurs when there is a dispute about the origin of the child.

General procedure for establishing paternity

If a man admits that he is the father of the child, then the law allows paternity to be established at the registry office. To do this, parents submit a joint application, as well as a certain package of documents. It will be necessary to pay the state fee, which in 2017 is 350 rubles.

Based on the results of the entire procedure, a certificate of paternity is issued. It will also be needed after the trial has passed.

When a child is born in marriage, the paternity of the man is automatically assumed. The same rule applies if a son (daughter) was born within 300 days after the official registration of the parents’ divorce.

However, even the paternity of a child born in marriage can be challenged in court. Often such proceedings arise when the child’s parents, although not yet divorced, no longer live together.

After paternity is officially legalized, adjustments will be required to the child’s birth certificate. All this also happens through the registry office.

How to identify the father of a child in court if the father does not recognize the child

If a man is against being considered the father of a child, then the court can put an end to the dispute. To do this, the mother must file a valid claim. However, it will not be enough.

Evidence should be collected that the defendant is the biological parent of the son (daughter). Photographs, videos, and testimony from neighbors who can confirm that people lived together may be required.

An expert opinion can provide convincing evidence. In this case, establishing paternity by DNA through the court has its own characteristics. If a man refuses to undergo an examination, then by a court decision he can still be recognized as the father. This is stated in Article 79 of the Code of Civil Procedure of the Russian Federation.

The court's decision to establish paternity may contain an indication of the child's future initials. Then, on the basis of a judicial act, the child’s birth certificate is also corrected.

How to establish paternity of a child if the mother is against it

Here, too, the man will have to go to court. And he should insist on taking a paternity test. And if the mother refuses, then the rules described above regarding ignoring the examination come into force.

In other words, the court can declare a man the father, even if a genetic examination to establish paternity is not carried out.

In addition to establishing paternity by the child's father, the claim may contain other demands. Thus, a man can ask the court to establish a procedure for visiting his son (daughter). And if it is violated by the mother, then it is possible that the child will subsequently be handed over to the father to be raised.

To go to court, a man will have to collect evidence that he is the father of his child.

If the court recognizes paternity for a man, he will have to apply to the registry office to obtain the appropriate certificate. After its registration, the father’s rights to the child will be finally secured legally.

After completing the entire procedure, the biological father will receive the right to receive benefits, allowances and other privileges that are provided in connection with the presence of a child.

Documents for establishing paternity in court

Each situation with confirmation of paternity in court is individual. Therefore, the package of documents will be different.

So, what documents are needed to establish paternity first?

This is any evidence of parents living together. Photos, video materials - the court will take all this into account. If a man insists on his paternity, then documents confirming the incurrence of expenses for raising a child (agreements, checks, etc.) can be attached to the claim.

When the child’s mother insists on establishing paternity, a birth certificate will be required. After all, a man can be included in it as a father and from the words of his mother.

You will also need proof of payment of legal costs. In 2017, the state fee for establishing paternity is 300 rubles, which is not that much.

Step-by-step instructions for establishing paternity in court

If establishing paternity has become a pressing problem, then here is an approximate algorithm of actions broken down into steps.

Step 1. Collection of necessary documents

The more materials are attached to the claim, the higher the chances of achieving a positive outcome for yourself. Before filing a claim, it would also be a good idea to consult with a lawyer regarding the composition of the evidence base.

Here's a short list:

1. Photos.
2. Letters, greeting cards.
3. Screenshots of correspondence on social networks, certified by a notary.
4. Sending SMS messages, as well as incoming and outgoing calls.

As stated above, all evidence confirming the relationship between a woman and a man will be important.

Step 2. Go to court

When the claim is ready, it should be filed at the place of residence of the defendant, who can be either the father or the mother of the child. You need to wait for the decision to open proceedings in the case and continue to attend all court hearings.

Step 3. Conducting genetic testing

The examination is ordered by the court at the request of interested parties. At the same time, biomaterial is collected at the appointed time.

Here you should definitely follow the instructions of an expert. The reliability of the results of genetic testing depends on this.

Step 4. Registration of paternity at the registry office

After the end of the court case, you will need to contact the registry office to obtain a certificate of paternity, which will cost 350 rubles. As a rule, the document is issued on the day the application is submitted.

We have given the basic algorithm for establishing paternity. Specific details may vary depending on your specific situation.

What does the family code say?

The Family Code devotes Chapter 10 to establishing paternity. It describes the general rules for establishing paternity, both voluntarily and through the court.

For example, attention is paid to the judicial procedure in Article 49 of the RF IC. It specifically states that the court takes into account any evidence that allows us to judge the origin of the child.

The process of establishing paternity in many cases is fraught with various difficulties. It is possible to overcome them by cooperating with a lawyer. His consultations and representation in court will be the key to a successful resolution of the situation.

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Establishing paternity in court step by step instructions

Every baby born in a single-parent family dreams of having a dad. But what actions should the mother take if she is not officially married at the time of the birth of the child? The law answers the question clearly - to determine paternity. Establishing paternity in court, step-by-step instructions provide for certain rules of action.

Why is paternity testing necessary?

According to the legislation of the Russian Federation, determining the closest relationship is necessary to determine the rights and obligations of the father regarding the child, as well as rights to property and determining his social status.

Let's look at the cases in which this is necessary:

• the baby’s parents are not officially married;
• the birth of an illegitimate child into a legal family;
• the woman’s lack of desire to formalize the blood relationship between the father and the child;
• a man’s conviction of his blood paternity;
• the spouse’s distrust of the relationship with the child;
• the former spouse’s uncertainty about paternity, if no more than 300 days have passed between the birth of the baby and the termination of the marriage relationship;
• death of the baby's biological father within 300 days from the date of his birth;
• death (incapacity, missing person or deprivation of rights) of the baby’s mother and the refusal of the guardianship and trusteeship authorities to recognize paternity based on a voluntary declaration.

Typically, paternity determination is carried out to determine financial support (alimony) and raising a child, as well as to enter into an inheritance or receive benefits in the event of the loss of a breadwinner.

Important! Men most often file paternity suits in order to claim their parental rights, which were previously infringed.

https://www.youtube.com/watch?v=Y52_hklxxt0

The spouse or ex-husband is automatically recognized as the father within 300 days after:

• dissolution of marital ties;
• when a marriage is declared invalid;
• in the event of the death of a spouse.

Persons who can file for paternity

A claim to determine paternity can be filed by:

• mother child;
• the father of a child who is included in the baby’s metric data, but doubts his blood relationship;
• a real biological father who expresses a desire to formally record this status;
• official representative;
• a child who has reached the age of 18.

Attention! There is no statute of limitations for legal claims related to the identification of next of kin, so an application can be filed at any time.

To submit claims to establish paternity, evidence of agnosis is required, which will be confirmed by the following documents:

• statement of claim and its copy (for transmission to the defendant);
• receipt for payment of state duty and its copy;
• documents that are the basis for filing a claim and their copies;
• When filing a statement of claim, a representative must submit a notarized power of attorney to conduct court cases.

Depriving a father of parental rights, where to start, pros and cons

The state fee is paid before filing a claim in court.

The most important thing that is required when filing a claim is a sufficiently solid basis, since any evidence can be decisive in making a decision.

Methods for recognizing paternity

They can be divided into 2 groups:

1. Documentary - confirmed by witnesses and various certificates, which can also include: joint photographs with the baby, letters from the father, transfer of funds and parcels.
2. Medical – DNA paternity testing and blood tests.

How is the judicial procedure for recognizing paternity carried out?

Preparation of documents

• The outcome of the court hearing depends on a correctly collected and complete package of documentary evidence.
• The basis is considered to be a claim, where situations must be described in detail and demands presented that are submitted for consideration.
• As evidence of kinship, the court may order a genetic examination, so the application must indicate whether the defendant agrees to it or not.

And also attach the documentary evidence described above.

We should not forget about witnesses, as this plays an important role in the court’s position on this issue.

Filing a claim

The statement of claim is submitted to the court district in which the hearings on the case will take place; if the claim is filed by the father, then only at the place of registration of the mother, if the mother, then to any territorial district to choose from two.

The main requirements in the statement of claim may be:

• On recognition of paternity. Can be nominated by both the plaintiff and the defendant.
• Request for changes in metric data.
• Request for the illegal refusal of civil registry office employees to recognize agnacy in a pre-trial settlement.

Meeting process

Without fail, the court will allow the parties to resolve the issue peacefully. Otherwise, a hearing date will be set with careful consideration of the evidence provided.

During the hearing, the parties can present their arguments on the facts, evidence, and bring in witnesses.

If the evidence base is insufficient to make a decision at this hearing, then a genetic paternity test may be ordered by the court, then the decision will be postponed until the results are received.

Attention! If one of the parties does not agree with the court's verdict, it can file an appeal within 30 days.

If the father is considered dead, and determination of kinship is necessary for entering into inheritance, then the procedure refers to special legal proceedings.

Evidence base for recognition of paternity

During the hearing, any facts confirming family ties may be considered evidence:

• DNA paternity testing is considered the basis of evidence;
• any photo and video documents, letters, parcels;
• officially submitted papers on participation in the life and upbringing of a child (money transfers, etc.);
• witness's testimonies.

All evidence provided affects the outcome of the trial.

Establishing paternity using blood and DNA testing

Let us examine in more detail the medical methods of proving paternity. These include blood tests and DNA tests.

Medical research can be used, but you need to clarify how much a DNA paternity test costs. Typically, this procedure is considered expensive.

1. The price for it varies depending on the region - 20-30 thousand rubles, and in some even more expensive.
2. In addition, genetic analysis can be carried out at the expense of the budget if it is ordered by the court or the financial situation of the plaintiff does not allow covering the costs of the test.
3. How much does a genetic examination for paternity cost based on studying the structure of the cellular material of the blood to identify the blood group and type, Rh factor and other indicators of the baby with those of the parent.

The price for this study is slightly lower than for a DNA test, but these results do not provide a 100% guarantee. But with other equal evidence, it can be accepted by the court as decisive.

DNA paternity test is the most accurate and reliable. It can be carried out either on the parent’s own initiative or be ordered by the courts during a hearing. Blood, hair, nails, and saliva can be used as biological material. But most often, an analysis of the cells of the mucous membrane of the inner surface of the cheek is taken.

If a DNA test precedes a trial, then its expert opinion will be the main evidence base. The court can only make a decision.

From practice it is clear that judicial establishment of paternity is not uncommon in our country. To a lesser extent, cases of challenging paternity are considered, which occurs only in court.

Attention! If the child has reached the age of majority, then the recognition of paternity occurs only with his consent.

Even with a positive court decision, the father will need to provide the child’s consent to make changes to the metric data.

It is also possible to establish the fact of paternity before the birth of the baby, that is, during pregnancy using a DNA test. But to carry it out, the consent of the gynecologist who is caring for the pregnant woman is required.

Since the collection of biological material is carried out by penetrating the instruments through the uterine cavity into the placenta. If there is a fear of premature termination of pregnancy or the threat of miscarriage, then this procedure is strictly prohibited.

The procedure for establishing paternity in court is necessary for a biological parent who expresses a desire to raise his child, as well as for spouses in an unofficial marriage.

After receiving a positive judicial outcome, you need to contact the registry office to make changes to the metric.