Statement of claim to challenge paternity

To correctly determine the judicial body to which one should contact in cases of refuting the fact of paternity, there is the concept of jurisdiction, which refers to the differentiation of competence between judicial bodies to consider cases at the first instance.

When preparing a claim, the first step is to choose the right court.

If a mistake is made when choosing a court, this entails a procedural consequence in the form of refusal to accept the claim, which greatly complicates the process, since it is necessary to spend time on returning the state duty.

Jurisdiction of cases

Jurisdiction of cases challenging paternity is regulated by the norms of procedural legislation. They determined that claims are filed in the office of the district court, which is located at the defendant’s residence address. In addition to this category of cases, the district court has jurisdiction over:

• civil cases to establish paternity;
• fact of recognition of paternity.

The office of the district court accepts the application provided that the applicant pays the state fee. If the claim is subsequently satisfied, the plaintiff will also have to pay a state fee for the actions of the registry office:

• amending the father's registration record;
• issuance of a new copy of the birth certificate.

Samples of statements of claim to challenge paternity

• name of the court;
• about the plaintiff;
• about the defendant;
• about the child.

The text of the claim to challenge paternity by the father must contain a reasoned substantiation of the claims, and also indicate the evidence base. In a situation where, when the fact of paternity is refuted, the child was born in marriage, then the claim must indicate the period from which the marital relationship between the parents ceased.

An alternative option is to indicate the period from which the husband and wife, the parents of the child, began to live separately and ceased to maintain a common household. In this case, attention is focused on the fact that the child was born during the absence of a real marital relationship.

This circumstance must be confirmed by evidence that the registered spouse is not the biological father of the child, but information about him was automatically entered by the civil registry office, since before the official divorce he is the legal spouse of the child’s mother.

The most important thing in a claim to disprove the fact of paternity is the evidence presented, which must completely exclude the possibility of paternity. Evidence in such cases includes:

• results of DNA examination and other forensic examinations (about inability to reproduce, an individual map of the course of pregnancy and childbirth);
• witness testimony (which can confirm the fact of separation of spouses, the presence of another man with the wife);
• written evidence (official documents, personal correspondence, etc.);
• other evidence that is not prohibited by law, refuting the fact of paternity.

In many cases, an indisputable argument in the case of refuting the fact of paternity is a genetic examination, which can be requested during a court hearing.

After presenting his demands, the plaintiff asks the court to oblige a specific registry office department to cancel the entry about the father in the registry record. The following documents must be attached to the statement of claim:

1. marriage certificate (divorce);
2. child's birth certificate;
3. confirmation receipt of payment of state duty;
4. results of genetic testing and other documents that exclude the possibility of paternity.

From father

If this requirement is made by the father of the child, who at the time of his registration voluntarily gave his consent to paternity, but later decided to refute this fact, he will need to provide evidence to the court that he has such a procedural right. The emergence of this right is associated with the circumstances under which the child was registered and information about the father was entered.

The plaintiff, who voluntarily recognized his paternity, without being the biological father, in this case is obliged to prove that these circumstances became known to him only after the registration of the act record.

 If he knew in advance that he was not the biological father of the child, but when committing a legal act, acted under the threat of other persons, and did not realize the consequences of his actions, the plaintiff must provide evidence of these circumstances.

Below you can view or download a sample statement of claim to challenge paternity from the father.

Sample claim to challenge paternity

Statement of claim to challenge paternity and change the child’s surname and patronymic name on the child’s birth certificate (. 1)

Statement of claim to challenge paternity and change the child’s surname and patronymic name on the child’s birth certificate (Part 2)

Statement of claim to challenge paternity and change the child’s surname and patronymic name on the child’s birth certificate (Part 3)

From mother

If paternity is contested at the request of the mother, she must, in addition to the above circumstances, indicate that she registered the marriage with the defendant while pregnant, and that there were no actual family relations. All this data must be documented: a marriage certificate, an individual card for a pregnant woman, a child’s birth certificate.

The statement of claim to challenge paternity from the mother is available for download and viewing.

Sample claim to challenge paternity from mother

Statement of claim to challenge paternity by the mother (Part 1)

Statement of claim to challenge paternity by the mother (Part 2)

With expertise

In addition to the general requirements, the claim in these civil cases may contain a separate requirement for the court to order a genetic examination.

If the applicant did not indicate this in the claim, then during the hearing of the case he may file a separate petition.

This examination is prescribed if there is a need to establish DNA matches in different biological objects.

During such an examination, DNA samples are submitted for analysis (blood test). When a judge orders an examination, the experts are asked the following questions:

1. Does the blood sample being tested belong to a specific man?
2. Is the defendant (plaintiff) the biological father of a particular child?
3. Is the defendant (plaintiff) the mother of the child?
4. Could a specific woman get pregnant from a specific man?

Such examinations are carried out by public and private medical institutions that have a license for this, as well as with the availability of special equipment and experts.

It is worth noting that this procedure is very expensive, so the costs for medical services are distributed equally between the parties, or to the party that applies for it.

You can download a statement of claim to challenge paternity with an examination or study it directly on this website.

Sample application for appointment of genetic examination

Judgment

In its decision on cases of refuting the fact of paternity, the court analyzes specific circumstances, as well as the presented evidence base in accordance with procedural rules. The court's decision either satisfies or rejects the plaintiff's claims. If the outcome of the case is positive for the applicant, the court’s resolution indicates the need to:

• cancel the father's record;
• making amendments to the act registration record;
• obliges a specific registry office department to perform the specified actions (to issue a new certificate with changed data).

Below you will find an example of a court decision to challenge paternity, available for download.

Court decision to challenge paternity

court decision to challenge paternity (part 1)

court decision to challenge paternity (part 2)

court decision to challenge paternity (part 3)

court decision to challenge paternity (part 4)

Claim for invalidation of paternity

The claim contains a demand for the court to recognize the fact of paternity as invalid. This claim may be brought by:

• A person who is registered as a parent.
• A person who believes that he is the real biological father.

The legislator limited the rights to make such a demand to a certain circle of people (for example, a man who gave his consent to enter information about him as a father, but he knew in advance that he was not).

The peculiarity of such a claim is that the applicant demands to cancel the record of paternity, since the man sincerely believed that this was his child, and the circumstances of his non-paternity became clear later.

If the child’s mother agrees with the plaintiff’s demands (she can confirm this fact at a court hearing, or a genetic examination was carried out by mutual consent before the court hearing), then she can file a claim to invalidate the fact of paternity.

After which the court will satisfy the request for recognition.

However, if the mother opposes filing an application for recognition of the claim, but does not refuse to confirm this fact during the court hearing that the plaintiff is not the father of the child, then the court may assess this circumstance as invalidating the fact of paternity.

The applicant in his claim asks the court to oblige the defendant to undergo a forensic examination, and if the result is positive, to invalidate the father’s record.

To substantiate his claims, the applicant can submit written evidence confirming the fact of his absence during the period of conception (for example, a certificate of business trip, presence at military training, witness testimony, an extract from an outpatient card about his wife’s pregnancy, and others).

Statement of claim to challenge paternity - sample claim from father and mother

Family law enshrines the obligation of every parent to fully participate in the upbringing and financial support of their children, regardless of whether they are biological or adopted. The only way to lose entrusted rights and obligations is to challenge them in court.

To do this, the interested person prepares a statement of claim to challenge paternity (maternity). But, in addition to the onset of long-awaited legal consequences, you need to think about the child himself, who becomes the object of a legal dispute, about his psychological health and personal experiences.

Who has the right to challenge paternity in court?

Not everyone can file an application to challenge paternity in court. The following participants have this right:

• the father, information about whom appears on the children’s birth certificate (at the time of recording there were no doubts about the biological relationship);
• mother of children;
• guardians (if there is a corresponding court decision);
• a child who has reached the age of majority;
• biological parent not included in the children’s birth document (procedure for confirming kinship).

The claim will not be accepted for consideration or the requirements of the petition will be refused if the following categories of citizens apply to the court:

• other relatives except potential parents and mother;
• participants in the surrogacy program;
• a man who, at the time of entry on the birth certificate, knew that he was not the biological father;
• a couple who has used the function of artificial insemination or implantation of someone else's embryo using foreign biological materials.

Important! That is, if a man knew that he was not a biological parent, but was ready to fulfill his paternal functions, such a decision cannot be appealed.

Procedure for filing a claim to challenge paternity

A statement of claim to challenge paternity from a mother or father is sent for consideration according to the following algorithm:

• the emergence of grounds for protest;
• preparation of a statement of claim by an interested citizen (independently using a sample or with the assistance of an experienced lawyer);
• collection of evidence;
• sending a petition to the court;
• resolving the dispute in court;
• making a final decision and allowing time to challenge the verdict;
• entry of a court decision into legal force.

Further, depending on the results of the dispute resolution, changes are made to the baby’s birth certificate. For this purpose, the court verdict is transferred to the registry office for execution.

As for the methods of filing a lawsuit to challenge paternity, the following options are available in 2018:

• the applicant’s independent application to the office of the authority;
• sending documents by registered mail (precious delivery) by mail;
• transfer through a representative acting under a notarized power of attorney;
• direction by email.

In some regions, a trial function for sending court petitions through the State Services portal is starting to operate.

Which court should I go to?

Regardless of the mutual wishes of the parents, the resolution of such disputes in a global court is not allowed.

Therefore, drawn up according to the sample, the claim to challenge paternity is transferred to the district judge for further consideration.

At this stage, it is necessary to take into account the rules of jurisdiction, that is, challenging paternity must take place in the region of residence of the defendant. The following circumstances are exceptions to these rules:

• the plaintiff is raising a minor child on his own;
• the applicant is in the care of an incapacitated citizen;
• It was not possible to establish the defendant's place of residence.

Is evidence needed?

The most reliable way to refute or confirm a biological relationship is to conduct a DNA examination. The interested party can initiate the procedure outside of court if the other parent agrees to the study. Otherwise, a judge's resolution will be required. But if the other party, that is, the baby’s mother, refuses to allow the child to participate in the study, then no one can force her.

Then the analysis of the presented evidence comes into play. Based on studying the testimony of witnesses, material evidence, as well as the words of the parties, the court grants the petition or refuses to accept the requirements.

Attention! Therefore, it is important not only to prepare a high-quality application for challenging paternity (using the sample), but also to collect a complete package of required materials.

Additional documents

Along with the application, the plaintiff must submit the following documents:

• passport;
• marriage registration certificate (the application can be sent regardless of whether the partners will be in an official marital union at the time of consideration);
• child's birth document;
• application for genetic research;
• receipt of payment of state duty.

The defendant has the right to file a counterclaim by submitting the following documents:

• consent or refusal to collect biological material from a child;
• application for alimony (if such has not been paid before).

A printed list of supporting materials and evidence must be submitted along with the statement of claim. One of the reasons for the refusal of a court petition is the lack of a list of evidence and submitted documents.

State duty and processing time

The amount of state duty is fixed by Tax legislation and will be the same for all regions of the Russian Federation. Thus, to accept for consideration an application to challenge paternity (a sample is presented below) from a father or mother, a citizen will have to pay 350 rubles. This amount is charged once and is not refundable even if the application is not reviewed.

Payment for DNA testing falls on the plaintiff if the claim is unsuccessful. Payment for the examination will become the responsibility of the defendant if the petition is granted. Additionally, legal costs are paid. Their compensation depends on the category of costs and can be entrusted to either party.

As for establishing the time frame within which the relationship will be disputed, according to the general rule it should not exceed 60 days. In practice, investing in restrictions is quite difficult, since the review period may be delayed by additional disputes and unforeseen circumstances.

Important! There is no statute of limitations for such disputes. But if the child was born before 03/01/1996, then the limit period for filing a claim in court is one year from the moment doubts arose regarding the biological relationship.

Consequences of challenging paternity

The cancellation of kinship is confirmed by the relevant decision of the judge. After the consideration of the dispute is completed, the court retires to deliberate. After several hours (days), the participants gather again.

To receive the finished originals of the verdict. From this moment, the period of 30 days allocated for appealing the decision begins.

Requests to cancel the decision must be submitted to a higher authority.

If none of the parties has made a request to annul the judge’s verdict, then automatically after a month the document acquires legal force. Along with this, legal consequences begin to apply. For a father who is deprived of kinship:

• removal of the obligation to pay alimony;
• ban on participation in raising children;
• exclusion from the list of heirs in the event of the death of a child;
• impossibility of using benefits and benefits assigned to children.

The baby's mother receives single status, and with it additional benefits and types of social support. A woman also has the right to independently determine the place of residence of her children and travel abroad with them. The right to receive alimony is canceled, but no refund of previously paid money occurs.

Children are also excluded from the list of potential heirs in the event of the death of the father. But mutually, after reaching adulthood, they cannot be obliged to financially support their fathers.

Claim to challenge paternity: sample

Filling out the statement of claim takes place only on the computer. This limitation is provided in order to avoid errors, corrections, and illegible words. A sample statement of claim to challenge paternity must contain the following categories of information:

• the name of the judicial body authorized to consider the conflict that has arisen;
• personal information of the plaintiff and defendant (contact information, full name);
• title of appeal;
• date and place of compilation;
• circumstances of the emergence of marital relations (civil marriage, registration of union);
• conditions of birth of babies;
• reasons for doubts;
• proof;
• requirements;
• inventory of submitted documents and evidence;
• date of submission of the application.

A sample statement of claim to challenge paternity can be downloaded here

The petition must be filled out in as many copies as the number of main participants will be present (plaintiff, defendant, prosecutor, representatives of guardianship authorities, court). In addition to using the completed sample, you can download a blank application form. A petition prepared in this way will be as complete and meaningful as possible.

As for the conditions for conducting DNA research, the result obtained is sufficient evidence that is accepted in court. If, according to the results, the father is the biological parent (probability of paternity is 99.9%), then this decision cannot be challenged and no additional research is carried out.

If the results yield a negative answer or the biological materials were unsuitable for analysis, then the examination may be repeated and the judicial verdict may be revised.

Rules for drawing up a statement of claim to challenge paternity

Challenging paternity is allowed by the legislator only in court through a claim proceeding. Such a judicial procedure is necessary to document the relationship between the actual father and the child or to document the absence of such relationship between the child and the man previously recorded as the father.

Legal relationships between parents and children arise only if there are appropriate legal documents issued by the Civil Registry Office, or a court decision establishing the fact of family relations. Therefore, challenging paternity is in some cases a necessary procedure for the emergence (or termination) of the legal rights and obligations of the father and child.

Procedure for filing a claim

To challenge paternity, the interested person must file a corresponding claim with the courts, demanding to change the father’s data previously indicated in official documents. At the same time, you can file a claim to change the child’s surname.

In practice, there are three main reasons for filing a claim challenging paternity:

1. The actual father wishes to acknowledge his paternity, but another man is already recorded on the child’s birth certificate as the child’s father;
2. The citizen registered as the child’s father is not actually the parent and wants to officially challenge his paternity;
3. Other interested citizens who have the right to file a claim to challenge paternity (the child himself, who has reached the age of majority, or his mother, or legal representative), wish for some reason to terminate the legal relationship between the child and the citizen who is registered as the father, but who in fact is not the father. .

According to procedural rules, only a certain circle of persons have the right to file claims:

• persons registered in the registry office as the child’s parents;
• citizens who are actually parents;
• legal representative of the child;
• himself an adult child.

The legislator has provided certain restrictions on the right to make claims challenging paternity for a citizen who is recorded as the father, but is not one. If paternity was determined by the presence of a marital relationship, when the registry office authorities are obliged to register the mother’s official spouse as the father of the child, the fact of paternity can be challenged without any restrictions.

If a man who did not have a marital relationship with the child’s mother submitted a voluntary application to the registry office for recognition of paternity, this fact can be challenged only if there is evidence that the man considered the child his own. When the father at the time of recording knew that in fact he was not one, his claim challenging paternity cannot be satisfied by the courts.

Claims aimed at challenging paternity are classified by procedural law as claims of general jurisdiction. Accordingly, the claim is filed in the office of the district court, at the address related to the defendant’s place of residence.

A statement of claim demanding to challenge the fact of paternity must, in form and content, meet the requirements of Articles 131 and 132 of the Russian Civil Procedure Code. The text of the claim must indicate the details of the plaintiff, defendant, child, contain reasoned justifications for the claims and a description of the evidence.

In a statement challenging the paternity of a child born during marriage, it is required to indicate a specific date for the actual termination of the marital relationship. As an alternative, the period from which the official spouses, registered as parents, lived separately and did not maintain a common household is indicated.

In the claim, it is advisable to focus on the fact that the newborn appeared precisely during the period of actual absence of real family relationships among the persons registered as parents.

This is necessary to prove that the official spouse is not in fact the biological father of the child, but was automatically registered by the registry office employees, since he was the legal husband of the child’s mother.

When the plaintiff voluntarily admitted his paternity, but subsequently decided to challenge this fact, he must prove to the court (respectively, by presenting his evidence in the text of the claim) that he has the appropriate procedural right to do so.

Such a right appears if circumstances indicating that the man who voluntarily recognized paternity is not the biological father arose or became apparent after the legal act of recognition of the child was completed and the corresponding registration was made.

In addition, in a claim to challenge paternity, it is required to describe evidence that clearly excludes the potential possibility of paternity of the defendant (or plaintiff).

You can submit, for example, witness testimony certifying the absence of cohabitation and family relations between the spouses, a medical report about the inability of the registered father to bear children, a pregnant woman’s card and other evidence.

If there is insufficient evidence to challenge paternity, you can file a petition to have a judge order a genetic examination.

In the application, the plaintiff must set out his demands, based on Article 52 of the Russian Family Code. In the claim, the applicant must demand to oblige a specific territorial registry office, by a court decision, to cancel in the vital record identifying the child’s parents, the entry about the applicant (or the defendant) as the father of the child.

A claim to challenge paternity is usually accompanied by documentary evidence of the stated facts and other attachments:

• child's birth certificate;
• Marriage certificate;
• confirmation of payment of state duty;
• divorce certificate;
• documentation excluding the actual possibility of paternity of the applicant (or defendant).

Sample statement of claim

• Below is an example of a claim to challenge paternity that meets the procedural requirements.
• In ___________________________ (name of the district court)
• Plaintiff: ______________________________ (plaintiff’s details, address)
• Defendant: ___________________________ (defendant’s details, address)
• Statement of claim to challenge paternity
• “_____” __________________ I registered with the Defendant _________________________________________
• _________________________________ (full full name of the defendant) marriage.
• We have not lived together since ______________________ due to _______________________________________
• _________________________________________ (indicate the reason), and “_____” _________________________ our marriage was dissolved.
• The fact of separation is confirmed by _____________________________________________________________________________________________________
• ____________________________________________________________________________________________________
• (it is required to list and describe evidence indicating the actual absence of family relations between the Plaintiff and the Defendant and the absence of a joint household).

“_____” _______________ year the Defendant had a child ________________________________________________ (child details). Since at the time of the birth of the child our marriage had not yet been dissolved, I was recorded as the father of the child.

1. I am not the biological father of ________________________________________________________ (child’s details), and my last and patronymic names were assigned to him unreasonably. It's confirmed ____________________________________________________________________________________________________
2. ____________________________________________________________________________________________________ (indicate the circumstances that refute the possibility of the plaintiff’s paternity).
3. Based on the stated facts, guided by Article 52 of the Family Code, Articles 131-132 of the Russian Civil Procedure Code, I ask the court:

1. Establish that the Plaintiff _____________________________________________________ (plaintiff's data) is not the father of ___________________________________________________ (child's data) born to the Defendant _____________________________________________________ (defendant's data).
2. Exclude information about me as the father _____________________________________________ (child's data) from the birth certificate record No. ______ dated "____" ____________________, completed _____________________________________________________ (name of the registry office).
3. Change the child's last name from _______________________ (child's last name) to _____________________ (mother's last name).

List of applications:

1. ______________________________________________________________.

2. ______________________________________________________________.

3. ______________________________________________________________.

Statement of claim to challenge paternity

A sample of a lawsuit on the issue of challenging the paternity of a child born in marriage, taking into account the latest changes in the current family code and the prevailing judicial practice in the field of family law.

The issue of determining the fact of maternity is resolved by obtaining the appropriate certificate from the maternity hospital. The fact of paternity is confirmed in other ways.

• A man married to a woman, and also within a period of no more than three hundred days from the date of dissolution of this marriage, in any case, will be recorded as the father of her child on the birth certificate.
• Paternity can also be determined by submitting a joint application to the registry office by the child’s parents. Such a basis is recognized as legal if the father is not legally married to the child’s mother and recognizes his paternity voluntarily.

If, at the time of making an entry on the birth certificate, a man knew for certain that he was not the father of the child, his claim to challenge paternity cannot be satisfied by the court.

The third option involves establishing the paternity of the child by a court decision. In cases where the man against whom there is reason to claim that he is the father of the child is alive at the time of the start of the trial, but:

• This man refuses to submit an application to the registry office voluntarily;
• The man refuses to recognize his mother as the father of the child.

A statement of claim for recognition of paternity is filed in court.

If a man, in respect of whom there is reason to claim that he is the father of a child, has died, the fact of paternity is established through special judicial proceedings.

Filing a claim to challenge paternity

According to the law, the right to bring a claim to challenge paternity belongs to individuals who are indicated as the mother or father on the child’s birth certificate or who are actually his parents. Such an application can also be submitted by the legal representative of this child or he himself upon reaching the age of majority.

The application is subject to the jurisdiction of the district court located at the defendant’s place of residence. When filing such a claim in court, a state fee of two hundred rubles is paid.

As evidence of the absence of paternity, the court may also consider other documents (letters, statements of the parties to other authorities), and testimony of witnesses.

If this is not enough, interested parties can apply for genetic testing.

Download a sample application:

Statement of claim to challenge paternity

07.27.2022 — Oleg Demyanets

Hello! She was married, then separated, met someone else, became pregnant, divorced her husband before the birth of the child, but according to the law, the child took after her husband, as if his child (how to file a lawsuit? and how to correctly draw up a statement of claim to exclude paternity?

The question was answered over the phone.

Statement of claim to challenge paternity - drafting

Resolution of doubts regarding the presence or exclusion of the possibility of kinship between the putative parent and a minor child is carried out only through judicial proceedings.

A statement of claim to challenge paternity with a full package of basic and additional documents is submitted to the court of local jurisdiction.

The procedure for filing a claim to determine the possibility of paternity is mandatory, since it is necessary to document the existing or absent relationship between the son or daughter and the man who is listed as their father.

Why is paternity disputed?

Before considering the question of challenging kinship relationships, let's understand how they are established.

Kinship arises after the state registration of the baby by the father and mother in the civil registry office and the issuance of a birth certificate. Most often, men register children in their last name. Otherwise, to do this, one of the parents must have a valid court decision confirming the relationship.

If a child is born while his parents were in a registered relationship, then he is automatically registered as the spouse. The situation is identical in the case when the birth of a baby occurred within three hundred days after the divorce or death of the man. In such circumstances, the registration record is drawn up from the words of the mother.

If there is no marriage between the parents, in order to obtain papers about the birth of a child, it is necessary to write a joint application from both common-law spouses. It is precisely for this situation, when men and women run a joint household without getting married, that doubts arise on the part of the father about the existence of family ties with the children.

Most often, paternity is contested on behalf of a man. The reason for this behavior lies in the presence of doubts regarding the relationship with the child. Such situations usually arise after divorce proceedings, in the event that a man does not want to pay alimony. But we should not exclude the fact that it is not uncommon for fathers to be right in making claims against their former spouses.

Attention! Together with the consideration of the issue of paternity, disagreements regarding the payment of child support will be resolved, even if they are already paid to one of the parents.

An application to the court to challenge paternity can also be accepted from the child’s mother. This happens when she wants to deprive his father of the right to communicate and raise the child.

Let's look at a few more reasons for deciding to file an application to challenge paternity by one of the parents:

• A claim can be filed if a person wishes to establish the existence of a relationship and obtain the rights to communicate with a baby born in a family with another man.
• A woman receiving alimony from the father of her children in a formalized relationship with whom she was not involved.
• Father's doubts about the presence of family relationships with children.
• Termination of child support payments by the putative father upon confirmation of the lack of relationship between him and the child.

An application to challenge paternity can be filed not only by one of the putative parents, but also by a person appointed by the guardianship and trusteeship authorities or by the person who is supporting the child. In addition, children who have reached the age of 18 can themselves be plaintiffs in such legal proceedings.

Important! Children over 10 years of age have the right to participate in court hearings. Their opinion is important for the judge’s decision-making.

To challenge the legality of any properly registered document (in our case, birth papers), it is necessary to provide specific facts.

In a situation with the presence or absence of kinship, such evidence is:

1. DNA paternity test;
2. correspondence between parents;
3. testimony of neighbors or acquaintances;
4. photo and video shooting.

A DNA test is indisputable evidence in establishing the presence of family relationships between a father or mother and a child.

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Having negative results of a paternity examination in hand, the ex-spouse can easily challenge the child’s belonging to him and the legality of alimony payments.

Refusing a medical examination of the relationship with the child is fraught with consequences for the intended parent. This may be the deciding factor when the judge decides in favor of the plaintiff.

Sample of drawing up a statement of claim to challenge paternity

To resolve a paternity dispute, you must file a claim in your local court.

There is no specific unified template for a claim to challenge paternity.

To correctly draw up the paper, you should contact a lawyer or write an application yourself, guided by Article 131 of the Civil Law Code of the Russian Federation. Errors and omissions will be the reason for refusal to accept the claim and consider it, so you should initially study the sample statements of claim to challenge paternity.

• Download a sample application to challenge paternity from a woman in Word format.
• Download a sample application to challenge paternity from a man in Word format.
• A written application to the local court to resolve the issue of paternity must include the following information:

1. The name of the local court where the application is submitted and the address where it is located. In our case, this is the Bezhitsky District Court of Bryansk, located at Bryansk, st. Academician Pavlova, 12.
2. Information about the plaintiff and defendant, their representatives, if they do not participate in court in person.
• FULL NAME;
• series and number of passports of all participants in the case;
• dates and places of birth;
• addresses of residence and registration, or place of stay;
• phone numbers;
• numbers of a notarized power of attorney (for a representative);
• amount of state duty.
3. In the application for verification of kinship, the plaintiff must briefly describe the circumstances and reasons for such a decision. In our example, Sidorenko Elena Petrovna indicates that she is the mother of Sidorenko Pyotr Stepanovich. In the registry office, records of his birth were made from her words.

   In the example of a statement from a man, Petr Stepanovich Sidorenko informs the court that he has not lived together with Elena Petrovna Sidorenko for many years, and the registry office act on the birth of a child was drawn up from the words of his wife.

4. Plaintiff's claims. Based on the fact that the family relationship between Sidorenko Elena Petrovna and Sidorenko Stepan Pavlovich was registered after the conception of the child, the plaintiffs in both claims ask to invalidate the registry office record of the birth of their son and to make changes to the birth papers.
5. A list of attached documents that can confirm or refute the actual relationship. The results of the examination are also attached here.
6. Date of writing the application and signature with transcript of the plaintiff.

What documents must be attached to the claim?

The following list of documents must be attached to the statement of claim to resolve the paternity issue:

• A copy of the application itself – as many copies as there are participants in court proceedings.
• Passports of the plaintiff and defendant - originals and copies.
• Child's birth certificate - copy and original.
• Marriage certificate – copy and original.
• Divorce certificate (if available) – copy and original.
• Receipt for payment of state duty.
• Any available evidence that the defendant or plaintiff is not related to the child.
• DNA testing results.

Important! The court cannot oblige any of the participants in the process to undergo a DNA examination. This is done only voluntarily and is paid for by the plaintiff or defendant himself.

The process of identifying family relationships between genetic relatives is regulated by the judicial, tax and civil codes of the Russian Federation.

Article 52 of the RF IC talks about the procedure for challenging paternity. The correctness of the written claim is considered in Article 131 of the Code of Civil Procedure of the Russian Federation. The presence and size of government fees are indicated in Article 333 of the Tax Code of the Russian Federation.

Fine for not having a child seat in the car

In generally accepted practice, an application to resolve the issue of paternity is submitted to the court at the place of registration or residence of the defendant. If the plaintiff has minor children living with him or the applicant is not healthy, the application can also be submitted at the plaintiff’s place of residence.

After 5 working days, the applicant receives a decision - the judge accepted the claim to challenge paternity for consideration or rejected it.

The reason for refusal may be a violation of the pre-trial procedure for resolving disputes, the lack of necessary documents or the applicant’s signature.

The judge notifies the plaintiff in advance of his decision and submits an application for correction. Refusal to accept a claim does not prohibit its resubmission.

After the court order is delivered to you, you should transfer it to the state authority or the registry office to make amendments to the papers on the birth of the child.

To register, a state fee of 650 rubles must be paid. This procedure is regulated by Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”.

State duty amount

Claims to resolve paternity issues in the Russian Federation are accepted by judicial authorities in the manner of special proceedings. This is regulated by subparagraph 8 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation. The state duty in this case will be 300 rubles.

After the court makes any decision on disagreement with the rights of the putative father to raise and support the baby, it is necessary to edit the data in the civil status act and papers about the birth of the child.

This service will cost you 650 rubles. This is the state duty for replacing data in civil registry offices. This is regulated by subparagraph 5 of paragraph 1 of Article 333.26 of the Tax Code of the Russian Federation.

Is there a statute of limitations for filing?

The time limit for filing a claim in cases challenging paternity is unlimited.

There are often cases when teenagers themselves, having reached adulthood, insist on making changes to the registry records of their birth in the registry office. In such a situation, the actions of the plaintiff are absolutely identical, as if the petition had been submitted to the court by his mother or father.

What happens to alimony after a dispute?

In judicial practice, applications to challenge paternity are most often accepted from men who do not want to bear moral and material responsibility for the upbringing and maintenance of a specific child or several children.

If the court's decision is positive, alimony and other previously assigned payments in favor of the mother are permanently cancelled. Cancellation of the civil registry office record removes the obligation from the man to participate in any way in the upbringing and life of the child.

After making changes to the birth certificate of a specific child who is not a biological descendant of a man, the plaintiff has the right to demand not only exemption from paying alimony, but also a full return of the entire amount of money previously paid in favor of the child’s mother.

In a situation where the mother of the child, knowing that there is no relationship between the alleged father and her child, filed a claim for alimony, all payments received from the man over the past 3 years must be returned in full to the plaintiff.

But this does not mean that a man, before the court issues an order, can evade his direct responsibility - paying alimony. Such behavior is punishable by law.

Even if there is a DNA examination with a negative result, the date of the end of alimony payments by the alleged father to children who are not related to him is considered to be the date the court order to challenge paternity comes into legal force.

Even though in our state filing claims to challenge paternity in the courts of local jurisdiction is not so common, such developments still occur. It’s only a pity that the most pressing reason for this behavior of men is evasion of paying alimony to their own children.