Challenging paternity in court: judicial practice, step-by-step instructions

Statute of limitations

The CoBC (Article 49, paragraph 5) previously provided for a period during which paternity could be contested. Judicial practice today is based on Art. 52 SK. There is no one-year statute of limitations for which one could apply to an authorized authority.

In this regard, the strict framework for the implementation of the legal right to challenge paternity in court has been eliminated. At the same time, the requirements present in Art. 49, paragraph 5 of the Code of Laws, should be applied to cases of appeal against entries made in the Birth Book regarding children born before March 1, 1996.

According to the provisions, the challenge of paternity in these cases had to be carried out within a year from the moment when the person could become or became aware of the appearance of a mark in the Book.

Reasons for appeal

Specifics

Challenging paternity is a requirement to cancel the mark made in the Civil Registry Book and enter new data. Deletion and replacement of an entry are carried out only in accordance with the procedure provided for by law.

To cancel a record, a court decision must be made to challenge paternity, even in cases where all participants in the legal relationship agree to make changes.

The obligation to contact the authorized body for consideration of the case is established in Art. 47, clause 3 of the Civil Code.

New provisions of the Insurance Code

Tasks of the authorized body

When considering the requirements, the court is obliged to establish whether the mark made by the civil registry office corresponds to the actual origin of the minor.

This means you need to find out if the recorded parent is the biological parent.

The court will take into account any evidence provided by the parties that can reliably confirm the origin of the minor from a certain person.

Restrictions

There are a number of cases in the law when the right to challenge paternity cannot be exercised. They are defined in Art. 52, paragraph 2-3 SK. The essence of the restrictions is that some persons cannot refer to the lack of blood relationship with the child as the basis for their claims. According to Art. 52, p.

2 of the IC, a claim to challenge paternity will not be satisfied if it is filed by a person who is not married to the mother, but is registered as a parent and who knew at that time that he was not one in fact. The information was entered upon personal or joint (with the mother) request.

This restriction also applies to cases where the recording was made by court decision without the consent of the guardianship and guardianship authority to establish paternity at the request of the parent.
This rule is aimed at ensuring the protection of the legitimate interests of the child. It is assumed that a man, when deciding to formalize paternity, understands all its legal consequences, even taking into account the fact that he is not the biological parent. Therefore, the law prohibits arbitrarily changing one's original position in the future. In such cases, it is not allowed to withdraw an application that has already been submitted to the registry office to establish paternity after registration. However, the Code allows exceptions. In particular, a person recorded as a parent in the Book can challenge the entry of this information if he submitted his application to establish paternity under the influence of violence (threats) or in a state where he could not account for and direct the actions being taken. Thus, in these situations, the will of the man is violated.

Surrogacy

The law does not allow challenging the actual origin of a child who is carried and born by a surrogate mother after an entry has been made in the Civil Registry Book.

Thus, it is impossible to refer to this fact and cite it as the basis for the claims. Foreign experience is of great importance in the introduction and application of this norm.

In some countries, such situations are quite common, and some of them have become the subject of high-profile litigation.

Important point

Application to challenge paternity: sample

Consideration of claims is carried out by the regional authorized authority located at the defendant’s place of residence. The applicant must pay a fee. He must attach to his demands documents confirming his claims. The applicant can also provide letters to other authorities and involve witnesses in the proceedings.

In such cases, as a rule, a card of the pregnant woman and the woman in labor is requested from the relevant medical institution. This procedure is carried out through a petition to obtain evidence. If the documents provided are not sufficient, the interested party may request a genetic examination.

Establishment of paternity (maternity)

Determining motherhood is quite simple. To establish this fact, a corresponding certificate is requested from the medical institution where the birth took place. A man who is married, and within no more than 300 days from the date of its dissolution, will in any case be recorded as the parent of the child in the Civil Registry Book and birth certificate.

Paternity can also be established by filing a joint application. It is considered legal even if the man is not married, but recognizes himself as a parent on a voluntary basis. Paternity determination can also be made in accordance with a court decision.

This is the case if the man who is believed to be the biological parent is alive at the date of commencement of the proceedings, but there are a number of obstacles. These include, in particular, the person’s reluctance to submit a voluntary application to the registry office or the mother’s refusal to recognize him as the father.

Challenging paternity: judicial practice

By filing a claim to challenge paternity, citizens pursue the sole goal of canceling the legal status of the parent.

In the Russian Federation, such cancellation can be done exclusively in court, even in cases where the parties to the legal relationship have reached an agreement among themselves. The obligation to go to court when resolving issues of challenging paternity is enshrined in Art. 47, clause 3 of the Civil Code of the Russian Federation. This process is regulated by the norms of Art. 52 IC RF.

Expertise doesn’t solve everything

Judicial practice in cases of this kind is very ambiguous, and a decision in favor of the plaintiff is not always made, which is due to the fact that the current legislation is primarily designed to protect the interests of children. This is especially true for issues of the child’s financial well-being.

Despite the fact that in most cases the court decision is based on the conclusion of a genetic examination, there are cases of refusals to satisfy the claims of men even with a positive expert conclusion. Everything is decided by the evidence provided to the court in the case.

Most often, disputes of this kind represent a rather lengthy and very multi-stage process.

Legal practice in cases of challenging paternity shows that for citizens who do not have special knowledge in the field of family and civil law, who decide to independently achieve a positive decision in the case, the first problems due to non-compliance with a number of requirements arise already at the stage of filing a claim.

What do you need to know when filing a claim?

When filing a claim, you must consider the following nuances:

1. If a man is married, then the court can recognize paternity even in the absence of the man. In this case, the information will be entered from the words of the child’s mother.
2. If after the divorce a child is born within 300 days, then the former spouse can be recorded as the father.

It is also necessary to understand that the procedure for depriving parental rights and the procedure for challenging paternity are completely different procedures.

In the first case, the legal status of the parent is deprived, and in the second, the court establishes the fact of biological paternity.

At the same time, in accordance with the provisions of Art. 52 of the RF IC and Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9, a claim can be filed not only by the legal father, but also by:

• mother of the child;
• trustees (guardians);
• by the child himself upon reaching adulthood.

But grandparents do not have such rights, except in cases where they are guardians of a child due to the minority of his parents, due to the fact that the exclusion of an entry from the Book is a personal matter for the persons indicated as parents.

One of the important things to know when filing a claim is the concept of the statute of limitations.

If previously it was one year from the moment the entry was made in the Children’s Registration Book (which was regulated by the Code of Children’s Law), now Art. 52 of the RF IC abolished this rule. Currently, the process can be started at any time upon application by the plaintiff.

Guardians, the biological father, and the civil registry office may be involved as third parties to participate in the process.

When considering claims, the court determines whether the entry made by the civil registry office corresponds to the true state of affairs. Those. it is established whether the person recorded in the Book as the father of the child is his biological father.

In this case, the court is obliged to take into account any evidence presented that confirms the positions of the parties. If the child has reached the age of 10, the court is obliged to take into account his opinion on this issue. This right of the child is enshrined in Art. 57 RF IC.

However, in the current legislation there are cases when the exercise of the right to challenge paternity is unacceptable. These cases are specified in paragraphs 2-3 of Art. 52, RF IC.

• Thus, the claims of a citizen who is not legally married to the child’s mother will not be satisfied if, when submitting an application to be registered as the child’s father, he knew that he was not actually such.
• The same will apply in the case where the record of paternity was made by court decision in connection with the application of the parent and without the permission of the guardianship and trusteeship authorities.

Exceptions in the law

However, the law provides for exceptions. Thus, a person who was recorded in the Book as a parent can challenge the entry:

• on the basis that the application to establish paternity was submitted by him under the influence of threats or violence;
• in the case when at the time of filing the application he was in a state that did not allow him to give an account of the actions taken.

In both cases, the man's free will was violated.

Also, the law does not provide the opportunity to challenge paternity if the child was born to a surrogate mother and the paternity record was entered in the Civil Registry Book.

Evidence base

Although the parties have the right to provide various photographs and video materials as evidence of their positions, and to file petitions to hear testimony in court, nevertheless, the main evidence of biological paternity is the conclusion of a genetic examination.

It should be taken into account that the court does not have the right to oblige the father or child to participate in such an examination.

Therefore, in practice there are cases when a person participating in the process evades genetic testing. In this case, guided by the provisions of Art. 79 of the Code of Civil Procedure of the Russian Federation, the court has the right (in certain cases) to recognize the fact of paternity, for which a genetic examination conclusion should have been given, as established or refuted.

What does a positive court decision mean?

If the court takes the plaintiff’s side and rules in his favor, then the court’s decision will revoke his status as a father. This entails a number of consequences:

1. The entry on the child's birth certificate regarding paternity must be removed.

Moreover, if the biological father of the child cannot be identified, the line “Father of the child” in the certificate is not filled in.

There are often cases in judicial practice when a citizen indicates in a claim the need to change the surname and/or patronymic of a child. When making a decision in favor of the plaintiff, the court satisfies these requirements. In this case, the child’s surname is most often written according to the mother’s name on the birth certificate.

1. A man in whose favor a court decision is made is completely exempt from paying alimony and other funds for the maintenance of the child.

At the same time, he has the right to demand in court the reimbursement of funds previously paid as alimony. However, it must be taken into account that the statute of limitations in this case is three years. Therefore, a man can demand the return of funds paid as alimony only for this period of time.

1. If a positive court decision is made, the plaintiff loses all property and non-property rights to the child; the child also loses the right of inheritance against the plaintiff.

Each case of this kind is purely individual.

The process of challenging paternity is not only very difficult from a legal point of view (for example, when a man married a woman who was already pregnant by another man), but also very difficult from a moral point of view.

Therefore, turning to the services of a professional lawyer often helps not only to resolve the case in your favor, avoiding a lot of mistakes, but also to save the nervous system from inevitable stress.

Page 2

By filing a claim to challenge paternity, citizens pursue the sole goal of canceling the legal status of the parent.

In the Russian Federation, such cancellation can be done exclusively in court, even in cases where the parties to the legal relationship have reached an agreement among themselves. The obligation to go to court when resolving issues of challenging paternity is enshrined in Art. 47, clause 3 of the Civil Code of the Russian Federation. This process is regulated by the norms of Art. 52 IC RF.

Expertise doesn’t solve everything

Judicial practice in cases of this kind is very ambiguous, and a decision in favor of the plaintiff is not always made, which is due to the fact that the current legislation is primarily designed to protect the interests of children. This is especially true for issues of the child’s financial well-being.

Despite the fact that in most cases the court decision is based on the conclusion of a genetic examination, there are cases of refusals to satisfy the claims of men even with a positive expert conclusion. Everything is decided by the evidence provided to the court in the case.

Most often, disputes of this kind represent a rather lengthy and very multi-stage process.

Legal practice in cases of challenging paternity shows that for citizens who do not have special knowledge in the field of family and civil law, who decide to independently achieve a positive decision in the case, the first problems due to non-compliance with a number of requirements arise already at the stage of filing a claim.

What do you need to know when filing a claim?

When filing a claim, you must consider the following nuances:

1. If a man is married, then the court can recognize paternity even in the absence of the man. In this case, the information will be entered from the words of the child’s mother.
2. If after the divorce a child is born within 300 days, then the former spouse can be recorded as the father.

It is also necessary to understand that the procedure for depriving parental rights and the procedure for challenging paternity are completely different procedures.

In the first case, the legal status of the parent is deprived, and in the second, the court establishes the fact of biological paternity.

At the same time, in accordance with the provisions of Art. 52 of the RF IC and Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9, a claim can be filed not only by the legal father, but also by:

• mother of the child;
• trustees (guardians);
• by the child himself upon reaching adulthood.

But grandparents do not have such rights, except in cases where they are guardians of a child due to the minority of his parents, due to the fact that the exclusion of an entry from the Book is a personal matter for the persons indicated as parents.

One of the important things to know when filing a claim is the concept of the statute of limitations.

If previously it was one year from the moment the entry was made in the Children’s Registration Book (which was regulated by the Code of Children’s Law), now Art. 52 of the RF IC abolished this rule. Currently, the process can be started at any time upon application by the plaintiff.

Guardians, the biological father, and the civil registry office may be involved as third parties to participate in the process.

When considering claims, the court determines whether the entry made by the civil registry office corresponds to the true state of affairs. Those. it is established whether the person recorded in the Book as the father of the child is his biological father.

In this case, the court is obliged to take into account any evidence presented that confirms the positions of the parties. If the child has reached the age of 10, the court is obliged to take into account his opinion on this issue. This right of the child is enshrined in Art. 57 RF IC.

However, in the current legislation there are cases when the exercise of the right to challenge paternity is unacceptable. These cases are specified in paragraphs 2-3 of Art. 52, RF IC.

• Thus, the claims of a citizen who is not legally married to the child’s mother will not be satisfied if, when submitting an application to be registered as the child’s father, he knew that he was not actually such.
• The same will apply in the case where the record of paternity was made by court decision in connection with the application of the parent and without the permission of the guardianship and trusteeship authorities.

Exceptions in the law

However, the law provides for exceptions. Thus, a person who was recorded in the Book as a parent can challenge the entry:

• on the basis that the application to establish paternity was submitted by him under the influence of threats or violence;
• in the case when at the time of filing the application he was in a state that did not allow him to give an account of the actions taken.

In both cases, the man's free will was violated.

Also, the law does not provide the opportunity to challenge paternity if the child was born to a surrogate mother and the paternity record was entered in the Civil Registry Book.

Evidence base

Although the parties have the right to provide various photographs and video materials as evidence of their positions, and to file petitions to hear testimony in court, nevertheless, the main evidence of biological paternity is the conclusion of a genetic examination.

It should be taken into account that the court does not have the right to oblige the father or child to participate in such an examination.

Therefore, in practice there are cases when a person participating in the process evades genetic testing. In this case, guided by the provisions of Art. 79 of the Code of Civil Procedure of the Russian Federation, the court has the right (in certain cases) to recognize the fact of paternity, for which a genetic examination conclusion should have been given, as established or refuted.

What does a positive court decision mean?

If the court takes the plaintiff’s side and rules in his favor, then the court’s decision will revoke his status as a father. This entails a number of consequences:

1. The entry on the child's birth certificate regarding paternity must be removed.

Moreover, if the biological father of the child cannot be identified, the line “Father of the child” in the certificate is not filled in.

There are often cases in judicial practice when a citizen indicates in a claim the need to change the surname and/or patronymic of a child. When making a decision in favor of the plaintiff, the court satisfies these requirements. In this case, the child’s surname is most often written according to the mother’s name on the birth certificate.

1. A man in whose favor a court decision is made is completely exempt from paying alimony and other funds for the maintenance of the child.

At the same time, he has the right to demand in court the reimbursement of funds previously paid as alimony. However, it must be taken into account that the statute of limitations in this case is three years. Therefore, a man can demand the return of funds paid as alimony only for this period of time.

1. If a positive court decision is made, the plaintiff loses all property and non-property rights to the child; the child also loses the right of inheritance against the plaintiff.

Each case of this kind is purely individual.

The process of challenging paternity is not only very difficult from a legal point of view (for example, when a man married a woman who was already pregnant by another man), but also very difficult from a moral point of view.

Therefore, turning to the services of a professional lawyer often helps not only to resolve the case in your favor, avoiding a lot of mistakes, but also to save the nervous system from inevitable stress.

How to challenge paternity in court in 2023: with and without DNA

If a man does not agree with the relationship with the child, but he has already been registered as the father, then it is possible to challenge paternity in court. If the claim is satisfied, the entry in the civil register will be corrected and the man will no longer be considered the father of the child.

The challenge procedure is possible only in court; the plaintiffs can be both the mother and the father of the child or both at once.

When is a challenge possible?

In judicial practice, the following reasons for challenging consanguinity are common:

1. The child was born into an officially registered family. The paternity record was made on the basis of the mother’s statement or with the joint expression of the parents’ will. The challenge procedure takes place in court.
2. The child was born into a family that was not officially registered. In cases where data about the father was entered by mutual will of the parents or one father, an application to court will be required to delete the entry. But the abolition of paternity is possible only if the man was misled and considered himself a blood relative of the child.

   Moreover, if the registration of paternity took place according to the words of the mother, then in order to make changes to the book of deeds, the man only needs to submit a corresponding petition to the registry office; there is no need to go to court.

3. The blood relationship between the man and the minor was established by a court decision, on the basis of which the paternity record was changed. It is possible to win a lawsuit in this case only if the previous paternity trial was conducted without DNA testing.
4. When a child is born through IVF, the embryo is implanted by mutual consent of both married parents. After the birth of the baby, the couple must register as the mother and father of the newborn, even in a situation where they are not the biological parents. In this situation, it is pointless to renounce paternity; the plaintiff will only be able to identify some inaccuracies in the procedure and documentation.

Preparation for the trial

Plaintiffs in a case challenging kinship may be:

• biological parents of the child;
• citizens registered as father and mother;
• guardians (trustees) of a minor;
• guardian of an incapacitated parent;
• the child himself after turning 18 years old.

If the minor in respect of whom the relationship is determined is 10 years old, he will be involved in court proceedings and his opinion will be taken into account. The legislation does not establish a limitation period in cases of challenging paternity. Therefore, a claim can be filed at any time in the district court at the place of residence of the responding party.

In most cases, the plaintiffs are the fathers, then the mothers of the children are the defendants. And vice versa: if the mother goes to court, the father will be the responding party.

DNA testing is not a prerequisite for challenging the blood relationship between a man and a child. It can be initiated by the court or one of the interested parties.

To satisfy claims, an important condition is to write a claim and prepare supporting documentation.

Filing a claim

You can contact a lawyer to file a claim if the situation is complicated by any factors. When preparing the document yourself, you should adhere to certain recommendations:

1. The claim begins with the “header” in the upper right part of the sheet. It indicates the name of the court without abbreviations, full name and address details of the plaintiff and defendant.
2. The claim must contain information about other interested participants (specialists from the registry office, the official father of the child, if his paternity must be disputed, and so on).
3. If the interests of the plaintiff are represented by a trustee, then the text of the document must contain information about him.
4. Also, the text of the demand must contain information about the evidence available to the plaintiff (witness testimony, photos, videos, letters, results of genetic testing, etc.).
5. Next, the claim must indicate the plaintiff’s petition to the court. For example, about attracting witnesses, conducting a DNA examination.

   It is worth keeping in mind that if the judge decided to conduct a DNA examination, and one of the parties refused to undergo it, then this fact will be regarded in favor of the initiator of this analysis.

6. Below, the plaintiff must indicate a requirement for the court to exclude data on kinship from the register of deeds. If desired, you can reflect in the document a request to change the surname and patronymic of a minor. The plaintiff can also challenge the collection of alimony and demand its cancellation.
7. The next step is to display a list of documentation attached to the claim.
8. The claim ends with the date of its preparation and the signature of the applicant.

Download a sample statement of claim to challenge paternity

Documentation supporting the claim

In order for a claim to be accepted for consideration, it must be supported by the following documentation:

• 2 duplicates of the claim;
• a copy of the child's birth certificate;
• a copy of the marriage certificate or divorce certificate;
• papers and other evidence constituting the plaintiff’s evidentiary base;
• a check for payment of the state fee in the amount of 300 rubles.

The need for DNA testing

Proceedings to disprove the blood relationship between a man and a minor using DNA testing use the results of the analysis as key evidence, but not separately from other evidence. A court order can be made without this examination.

Before carrying out the analysis, it is necessary to familiarize yourself with the provisions of the legislation:

1. Challenging paternity is not permitted by law if at the time of its registration the family did not officially exist and the man knew that he was not a blood relative of the child.
2. Instead of a DNA examination, the court may consider other medical evidence and certificates confirming the absence of consanguinity (for example, an extract from a medical institution about the man’s inability to have children).
3. Also, an examination will not be required if it is possible to establish the fact that there was no sexual relations between a man and a woman during a certain period of time. For example, if a long-term absence of one of the parties is proven in connection with a business trip, service in the RF Armed Forces, and so on.
4. If the responding party agrees with the claims, the court makes a decision without trial or examination of evidence.

Is it possible to challenge kinship if it is determined by the court?

Once paternity has been established in court, further challenging it is problematic. But this is not to say that this is not feasible. The procedure can be implemented as follows:

1. Engage in appealing a court decision while it has not gained legal force.
2. File an independent claim to cancel paternity data.

An important fact in the proceedings will be the presence of DNA testing. If the previously made decision was not supported by analysis, then one should be required. If testing has been carried out before, then the plaintiff must prove the unreliability of its results, errors in the methodology, etc.

Making changes in the registry office

If the court satisfies the claim to challenge the relationship, an appropriate ruling will be made. When it gains legal force, you can go to the registry office to make adjustments. You will need to have the following documents with you:

• court decision;
• civil passport of the interested person;
• child's birth certificate;
• check for payment of state tax in the amount of 650 rubles.

Let's sum it up

The required document will be transferred to the applicant within 30 days from the date of transfer of documentation. In some cases, the period for producing the form may be extended to 90 days.

The procedure for appealing a blood relationship between a man and a minor is quite complicated. It requires a good evidence base and the involvement of witnesses. In addition, in some cases, a DNA test may be required, which will accurately reveal a blood connection.

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

Challenging paternity in court: step-by-step instructions, judicial practice

If a man is registered as the father of a child, but doubts the existence of a relationship, he has the right to challenge paternity. The issue is resolved in court with a genetic examination. If the claim is satisfied, the record of paternity is canceled and the man is released from parental obligations.

In the article we will consider what are the grounds for challenging paternity, in which cases it cannot be challenged, what is the procedure for resolving this issue, what consequences occur if the claim is satisfied and how judicial practice develops.

At what point do parental responsibilities begin?

A man's parental rights arise from the moment information about paternity is entered into the child's birth certificate. The registry office makes an entry with his consent or by force.

A citizen voluntarily becomes a parent on the basis of a personal application. It is submitted together with the mother at the time of registration of the fact of birth.

Article 47 of the RF IC provides for cases where the father’s consent is not required:

The mother provides an individual application along with a medical certificate, passport and marriage certificate. Based on the documents received, the specialist issues a certificate with a record of the father.

You should know! If a child was born to an unmarried couple, information about both parents is included in the certificate upon a joint application. If the man disagrees, the information is recorded from the mother’s words. Such a recording does not have any legal consequences.

When can paternity be challenged?

If it turns out that a citizen who is not a biological parent is registered as the father, paternity can be challenged.

In practice, challenge occurs for the following reasons:

• the man learned that he is not the biological parent of the child;
• the biological father intends to exclude information about the husband of the minor’s mother from the birth certificate;
• the woman files an application in the interests of the child.

Example 1. Efremov M.N. filed a lawsuit to exclude the record that he is the father of Efremova Z.

During the investigation, a genetic examination was carried out, which confirmed the absence of a biological connection. The court found that at the time of recording the certificate, the man did not know that he was not the father of the minor.

The claim was satisfied (Appeal ruling of the Moscow Regional Court dated May 4, 2016 in case No. 33-12065/2016).

In what cases can paternity be challenged?

It happens that paternity is disputed in order to evade parental obligations. For example, a man files a lawsuit with the intention of later canceling alimony. To get a positive decision, he will have to provide solid evidence.

The RF IC protects the interests of children, therefore it provides for cases in which paternity cannot be challenged:

• at the time of submitting the application to the registry office, the man knew that he was not a biological parent;
• the spouse has given consent to the use of artificial insemination methods;
• the child was born from a surrogate mother into whom the embryo was implanted.

Example 2. Lukyanov S.N. filed a claim to cancel the paternity record against F.S. Lukyanova. He indicated that he was not the biological parent of his daughter. The court found that the parents were not married.

When registering the birth of a minor, a dash was placed in the “father” column. Subsequently, the plaintiff voluntarily acknowledged paternity, which was recorded in the registry office. The magistrate court collected alimony from S.N. Lukyanov. in favor of a minor.

Genetic testing established that there is no biological connection between the plaintiff and the child. The court found that Lukyanov S.N. knew about the absence of a family connection at the time of applying to the registry office for voluntary establishment of paternity. The claim was denied.

(Appeal ruling of the Moscow Regional Court dated May 4, 2016 in case No. 33-7590/16).

Who has the right to apply?

The RF IC contains an exhaustive list of persons who have the right to initiate a challenge procedure. This is due to the fact that the legislation protects the interests of the family and is based on the inadmissibility of arbitrary interference in its affairs.

The following persons have the right to submit an application for contestation:

• a citizen registered as a parent;
• a biological parent to challenge the paternity of another person;
• adult child;
• a person aged 16 years who received full legal capacity upon emancipation or marriage registration;
• guardian or trustee of a minor;
• guardian of an incapacitated parent.

If the claim is filed by persons not included in the list, the court rejects the claim.

Important! It is possible to challenge paternity not only during the lifetime, but also after the death of the person included in the birth certificate.

The procedure for challenging paternity in court: step-by-step instructions

Challenging paternity in court falls within the competence of district and city courts. Let's look at the procedure step by step, starting from preparing evidence and ending with excluding the entry from the child's birth certificate.

Step 1 – Preparing Evidence

First of all, you should prepare evidence that will convince the court that the plaintiff is right. The list of documents includes:

• birth certificate;
• marriage (divorce) certificate;
• applicant's passport;
• DNA examination;
• witness statements;
• correspondence with the child’s mother;
• photo and video shooting.

The biological father can provide evidence of cohabitation with the minor's mother.

We must remember! Before submitting documents to the court, you must pay a state fee in the amount of 350 rubles. The payment receipt is attached to the claim.

Step 2 – Drawing up a statement of claim

When writing a claim, you should adhere to the requirements provided for in Article 131 of the Code of Civil Procedure of the Russian Federation. The text states:

• name of the district or city court at the defendant’s place of residence;
• information about the applicant (full name, contacts, address);
• information about the defendant or the child’s legal representative (full name, contacts, address);
• information about the fact of marriage with the mother of a minor;
• data from the birth certificate;
• the reasons why the man was mistakenly included in the certificate as the father;
• references to legal norms;
• request to cancel the entry;
• list of applications;
• date and signature.

At the same time, demands may be made to cancel alimony, change the child’s surname, and enter data about the biological parent into the registration acts of the civil registry office. The plaintiff also has the right to file a petition to order a genetic examination and call witnesses.

Download a sample claim to challenge paternity

In order to competently draw up a statement of claim, you will need to study the norms of the RF IC, the Code of Civil Procedure of the Russian Federation and prepare evidence. If you encounter any difficulties, we recommend that you contact a qualified family law attorney.

Important! The statute of limitations does not apply to claims to challenge paternity. The exception is children born before March 1, 1996. For them, the statute of limitations is 12 months from the moment the man learned about the absence of a biological connection.

Step 3 – Participation in legal proceedings

After submitting the documents, the first court hearing is scheduled. The civil registry office department is involved in the case, making a record of the relationship between the plaintiff and the minor. If necessary, witnesses are invited.

During the proceedings, at the request of the plaintiff, a genetic examination and blood type testing may be ordered. If the child is over 10 years old, his consent will be required to conduct a DNA test.

You should know! If the defendant resists the examination, the court regards such behavior as an admission of paternity. As an alternative, it is acceptable to accept medical documents confirming a man's inability to conceive.

Based on the results of the proceedings, a decision is made to reject the claims or satisfy them.

Step 4 – Removing the Paternity Record from the Birth Certificate

If the decision is positive, you must wait until it comes into force. Then you need to contact the registry office to make changes and cancel the old entry. Along with the application, the citizen provides:

• passport;
• the court's decision;
• birth certificate;
• receipt of payment of state duty.

The state fee for a new certificate is 650 rubles.

If you contact the civil registry office directly, a new document will be issued within an hour. If a citizen submits an application through the MFC, the certificate will be ready in 1-2 days.

What are the consequences of a positive court decision?

After the court decision comes into force, the plaintiff loses family ties with the child. As a result, the following legal consequences occur:

• the obligation to pay alimony is terminated;
• the alimony debt is written off;
• the record of paternity is excluded;
• mutual rights and obligations between man and child cease.

Thus, from this moment on, the citizen does not need to take part in raising and providing for the child.

Judicial practice in cases of challenging paternity

In cases of challenging paternity, the Supreme Court of the Russian Federation provided clarifications in Resolution of the Plenum No. 16 dated May 16, 2017. The highest authority draws attention to the fact that the subject of the dispute is also a minor.

The court cannot make a decision based solely on the mother or guardian's admission of the claim. This may lead to a violation of the child's interests.

He has the right to know his parents, claim their care, and receive financial assistance.

We must remember! A settlement agreement cannot be concluded for this category of dispute. If the parties decide to settle, the court will refuse the request and consider the case on its merits.

Legal assistance when challenging paternity

Challenging paternity is a complex procedure. It requires a good evidence base. A lot of work needs to be done to attract witnesses, collect documents, and conduct DNA research.

If you decide to take on this matter yourself without proper experience, you risk having your claim rejected. Therefore, it is advisable to engage a qualified lawyer. Our specialists provide free consultations.

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Challenging paternity: judicial practice

One of the most unpleasant, but very often necessary procedures is challenging paternity. This process consists not only of legal aspects, but also medical ones, which, as a rule, both the father and mother must undergo.

Despite all the complexities and nuances of the procedure, such cases are considered in judicial practice quite often.

This is due to the fact that as a result, all relationships of a legal nature are terminated or, conversely, restored, and, therefore, the responsibilities of the parent to the child.

Who and when can challenge paternity

Challenging paternity and canceling an entry in the register of deeds at the registry office is possible only if, for some reason, the child’s father was recorded as a person who in fact is not one.

The reasons for making such a recording can be completely different and, as a rule, depend on whether the parents are legally married.

If the marriage is concluded, then at the birth of a child the fact of paternity of the spouse is established automatically and the man’s permission is not needed to record in the register of deeds.

If the marriage is not concluded, in order to establish paternity, a man who is not actually a biological parent must voluntarily agree and recognize the child as his own and write a corresponding statement about this in the registry office with a request to register him as the father. The possibility of challenging paternity and the advisability of filing a claim depends on whether the parent was aware that he was not the actual father of the child at the time of filing the application for recognition of paternity or not.

Russian judicial practice knows three reasons when filing a claim to challenge paternity:

• if the child’s biological father is confident in his paternity and does not want a person who is not actually the father to be recorded in the child’s documents;
• if the person who, according to the entries in the book, is the father of the child, does not agree with this fact and demands changes to the book (usually the spouse);
• if cases of challenging paternity and making changes to the book of records are initiated by interested persons who have the right to initiate the process.

These persons may be: a child who has reached the age of majority, his mother, a guardian or a representative of the child established by law.

According to the Family Code and other legislative acts, challenging paternity cannot be carried out in the following cases:

• If a man, not being married to the child’s mother, acknowledged his paternity voluntarily, knowing that in reality he has no relation to the child;

Advice: in order for the court to side with the person who filed the claim to challenge paternity and satisfy it, the man registered as the father needs to collect evidence that, while recognizing the child, he did not know about the absence of a biological connection with him at the time of writing the application to enter it in the book of records, like a father.

• If a child came into the family as a result of IVF and similar methods, with the consent of both parents in writing;
• If the child was born from a surrogate mother as a result of embryo implantation, and there is consent of all parties to perform these actions;
• If the person filing a claim to challenge paternity does not have the procedural right to do so.

Features of judicial practice

According to Russian family law, maternity can be challenged on the same basis as paternity, but a review of judicial practice suggests that this is extremely rare.

The fact is that the procedure for registering a mother in this capacity practically cannot be implemented if the mother is not actually one.

With regard to the father, everything is not so simple; the legal order allows that a person who, from a biological point of view, has no relation to the child, can be registered as the father.

In judicial practice, there are also cases when families in which the child was born in a legal marriage and the parents continue to live together after his birth undergo a challenge procedure.

But it is worth noting that this is much less common, and it is quite difficult to challenge the fact of paternity in this case.

It should be borne in mind that when making a decision, the court takes into account not only the results of medical examinations, but also internal family circumstances. You also need to know that filing a claim to challenge paternity does not give the spouse the right to divorce without the wife’s consent if the child is under one and a half years old or if the wife is pregnant.

In cases related to challenging paternity, there is no statute of limitations, so a claim can be filed in court regardless of the child’s age and other factors.

And it depends only on the desire of the person concerned to make changes to the civil status act.

Also, the deadline for filing a claim is not affected by the date when the person recorded as the father became aware that he was not actually him.

Depending on the circumstances of the case, along with a claim to challenge paternity, a claim may be filed in court to reduce the amount of alimony or cancel it.

Advice: other evidence, such as maintaining a common household, living together, and even the presence of an expert opinion cannot serve as evidence of recognition of paternity, therefore, to satisfy the claim, you should take care of the availability of those listed above.

Procedure for challenging paternity

Making changes about the father in the record book is possible only upon presentation of the corresponding court decision. No other course of action is possible, even if all parties agree to make such changes.

Proceedings in such cases are not simple either from a moral or a legal point of view. Just like the judicial practice of deprivation of parental rights. The court takes into account all the evidence presented by the parties: witnesses, the opinions of children who have reached the age of ten, the results of examinations, the testimony of third parties, including the actual father.

If one of the parties does not want to undergo an examination, no one has the right to force her to do so. But the court will take this circumstance into account, and, perhaps, count it as evidence of the rightness of the opposite party in cases of challenging paternity.

If the claim filed by the father is successful, the court makes a decision to exclude the record of paternity from the civil register. If during the consideration of the claim a third party is recognized as the father, then an entry about him is also made in the book.

The newly established father may also be required to make changes to the child’s last and patronymic names, and this data is also entered into the book.

A review of judicial practice shows that in legal proceedings there are often cases when cases challenging paternity end with the recognition of the correctness of a man who was recorded as the father, but in fact is not one.

In this case, a decision is made to exclude his data from the register of states, and if the real father cannot be established, the child is assigned the mother’s surname and patronymic at her direction.