Certificate of paternity: what is it for, how to get it, when is it issued?

Last modified: June 2023

Family law provides standards for determining paternity as a variant of civil status. A certificate of paternity is a documentary confirmation of this fact, allowing you to issue important legal documents in the future. You need to know the rules for drawing up the document and the conditions for issuing it.

Legal norms

1. Parental responsibility for raising children is determined by Art. 63 RF IC.
2. Father and mother are involved in raising and providing for children on equal terms (Article 61 of the RF IC).
3. You can find out the rules for establishing paternity from Art. 48.
4. The amount of the fee when determining paternity is determined in accordance with the Tax Code of the Russian Federation.

What is it?

• Citizens interested in issuing a document know why a certificate is needed - the document allows you to prove the status of the father and is required in cases where a specific person was not initially registered.
• The document is drawn up on a special form with mandatory confirmation by the signature and seal of the registration authority of the civil registry office.
• To understand the meaning of a certificate of paternity, what it is and in what cases it is used, you need to study the contents of the document. Mandatory parameters displayed in the document include:

• father's details;
• information about the child (full name, birth details, gender);
• a link to an act record that recorded the status of a specific person;
• child's full name;
• personal information about mom;
• details of the certificate establishing paternity.

The procedure for obtaining a certificate of paternity establishment

 

You cannot formalize paternity just like that if the parent has not been immediately determined. A special procedure will be required and the presence of certain grounds:

• a statement from both parents, if the marriage was not registered on the day the child was born;
• filing a statement from a father who was not in a legal relationship with the mother of a newborn, in the event of deprivation of her parental rights, death, incapacity, or lack of information about her whereabouts;
• a court order recognizing a specific person as the father, after entering into force.

Each case imposes its own characteristics on the process of obtaining a certificate by the father.

Joint statement

If there are legalized relationships, registration of a newborn with paternity establishment through the registry office takes place without any difficulties. Spouses have the right to apply jointly or separately.

To enter information about parents, you will need to fill out an application on Form No. 1. Establishing data about the mother is based on a medical certificate issued in the maternity hospital or other institution where the fact of birth was recorded. The presence of legalized relations provides the opportunity to unilaterally enter information about the father on the basis of a marriage document.

On the initiative of the father

The father of the child also has the right to submit an application if the mother has entered into a legal relationship with him. Under certain circumstances, unilateral treatment by the father is permitted:

• establishing the status of the mother as “incompetent” or “missing”;
• deprivation of maternal rights;
• consent of the guardianship authorities.

An application is submitted by a citizen in case of recognition of paternity, indicating the grounds.

In case of majority

When a child has reached the age of 18, paternity is established only with the consent of the person in respect of whom the procedure is being carried out.

In an illegal relationship

Civil marriage does not provide for equal rights when obtaining a birth certificate. Only the mother has the right to register a newborn. When the father, who is not the mother's spouse, agrees to register information about himself in the paternity column, both partners submit an application on Form 12.

It is possible to determine the father before the child is born. In this case, the future parents submit a joint application with the presentation of a certificate establishing pregnancy. In the application form, parents determine the surname that the newborn will bear.

The right to carry out the procedure jointly by partners in a civil marriage remains from the moment of pregnancy until adulthood.

Where to contact

The following categories of persons have the right to apply:

• civil partners;
• the father of a newborn in the event of death, incapacity, unknown absence of the mother, as well as after deprivation of maternal rights in relation to the baby;
• guardian (when applying to a person whose dependent is the child);
• guardian (if paternity of a child is established at an older age);
• an adult capable child after the age of 18, if paternity is determined by a judge.

1. The place where the paternity certificate is obtained is the civil registry office, determined as follows:

Since the certificate can only be obtained through the registry office, the law provides exclusively for a written application to the registry office through special application forms filled out according to the sample. When the fact of paternity has been determined by the court and the decision has entered into force, an attorney can apply for the issuance of a certificate, submitting, along with the court ruling, a written power of attorney.

• The registry office to which one of the parents who did not enter into a marriage belongs by registration;
• the department that issued the certificate for the newborn;
• at the address of the court that issued the decision on paternity (recognition or establishment).

Regardless of the place of application, they collect a certain list of papers to submit with the application.

Which documents?

The certificate is issued upon presentation of the following supporting documents:

• passports or equivalent identity cards of the father and mother;
• birth registration document (if available);
• receipt with state duty;
• written consent from a child over 18 years of age (if paternity is established at a later date);
• consent from the guardianship department (if required by law);
• papers permitting a unilateral application to the registry office of the father (court decisions recognizing incapacity, unknown absence, deprivation of maternal rights);
• court order establishing the fact of paternity (if necessary).

• If all documents are in order and there are no grounds for refusal, the period for issuing a certificate does not exceed 1 business day.

If an attorney is involved in the registration, he is additionally required to provide an identification document and a power of attorney to perform such actions.

Cases of refusal to issue

The problem may turn out to be insoluble if the fact of paternity has already been confirmed through the courts, or in full compliance with the regulations of the law. Since a court ruling can be annulled only during the process of challenging it, information about the father is changed only after an additional trial challenging the previous ruling.

In other cases, when the registrar at the registry office has accepted information about the baby’s parents from the words of the mother who did not register the marriage, the entry of up-to-date information confirmed by written documentary evidence is, from the point of view of law, permitted.

Duty cost

Making a registration entry with the subsequent issuance of a certificate of paternity is carried out on a paid basis. The amount of the state duty is determined by subparagraph 3 of paragraph 1 of Art. 333.36 tax law. When applying to the registry office, the parent is required to pay 350 rubles.

Funds are transferred by bank transfer according to the details issued by the Civil Registry Office, or according to the data published on the official page. The package of documents with the application for the issuance of a certificate is accepted only after payment of the fee.

In the future, the certificate is used when interacting with various government agencies, confirming the relationship with a specific person. However, this paper is not the only source of data. Since information about parents is displayed in specialized registry office journals with vital records, if desired, you can restore the information through a duplicate certificate.

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Certificate of paternity – where to get it and what is it for?

Parental rights

08.12.2017

5.5 thousand

3.7 thousand

4 min.

The birth certificate may contain a record of the parent from the mother's words or there may be a dash there. It happens that circumstances arise in life when paternity needs to be established. The procedure is not easy, and in order to go through it, you need to know at least the basic provisions.

Even if the birth document contains the person indicated by the mother without any confirmation, no legal relationship arises between him and the mother, as well as the child.

Such a right appears only after paternity has been established and the appropriate certificate has been obtained. If a person is registered as the father with his consent, such a document will not be needed, even if the marriage is not officially registered.

Art. talks about these points in detail. 48 SK.

The need to determine family relationships arises if disagreements arise between parents on some issues, or they arise between an ancestor and their children.

A very common case is related to the payment of alimony - this is when a certificate of paternity is required. The mother is interested in receiving it if the other party does not provide financial assistance.

The situation is possible if there was an extramarital affair, or the baby was born before the marriage was registered.

The legal relations that arise after paternity is determined are reciprocal. For a parent, this is not only an opportunity to participate in upbringing, but also an obligation to support the child until adulthood. The child receives the right to inherit property, and the other party has a similar one. If he is unable to work, the father will be able to demand child support.

The document is issued exclusively at the civil registry office. It can be obtained in the following ways:

• by filing a joint application, which happens mainly when the marriage is registered;
• by contacting the father's registry office;
• treatment of an adult child;
• without marriage registration.

If the spouses have an officially registered marriage, then they must submit a joint petition to establish parental relations. It can be submitted in writing to the registry office when registering the baby or after some time. If there are obstacles to the personal presence of both, applications can be submitted separately. The signature of the absent person is certified by a notary.

This case requires the provision of the following documents:

• parental ID cards;
• birth certificate, if family relations are established later, when it has already been received;
• pregnancy certificates, if the application is submitted before the birth of the baby;
• written agreement of an adult – clause 4 of Art. 48 SK.

According to Art. 49 of the Family Code, the father can submit an application alone. This right comes after the death of the parent or her recognition as incompetent by a court decision.

A situation is possible when her place of residence is unknown or she is deprived of parental rights. In addition to the documents listed above, a court decision and death certificate may be required.

When the child has not reached the age of majority, permission from the guardianship authority is required.

If there is no voluntary recognition of family relations, the case may be considered by the court. Such a procedure is possible after the death of the biological father, but it requires special procedures. Having children within or outside of marriage does not matter. After establishing family ties legally, all children have equal rights.

You have to go to court in a number of other cases:

• to enter into inheritance rights;
• apply for survivor benefits;
• reluctance to voluntarily admit their involvement in the birth of the baby;
• Guardianship authorities do not agree to recognize paternity.

There is no statute of limitations for determining the true father by the court. The child also has the right to initiate court proceedings to establish a parent. After the court's decision, you can apply to the registry office and receive a certificate. This right is granted to all interested parties.

An entry is made in the registry office, which serves as the basis for issuing the document. To become its owner, an application is written and a state fee is paid.

You can contact the department that serves your area of ​​residence or the one where the baby was registered. The certificate contains information about the parent, as well as the child’s full name before paternity is determined and after.

It has a series and number and contains information about the act record.

A sample certificate is shown in the figure below. This is a standard form, certified by the official seal.

Changes are made to the act record regarding the father if he was not indicated or indicated only by the mother without supporting documents.

Proving paternity is a right, but not a responsibility, of citizens. In some cases, the registry office may refuse to issue a certificate. There is only one reason: the record book already contains information about the parent. But there are circumstances when this is not an obstacle. This is possible if the entry was made from the words of an unmarried mother and the procedure for establishing kinship did not take place.

Let's explain in more detail. When registering the baby, the mother named some person as the father, without having any documents. The recording was made from her words. But if a parent is recorded as a person who is recognized by him after observing all procedural norms, then such a record can only be challenged in court.

Certificate of paternity: what is it for, how to get it, sample

The relationship between parents and children must be recorded in the appropriate document - a birth certificate. To prove a relationship, it is enough to write down the full names of both parents in the document. But, sometimes, a certificate of paternity may be required. It is important to know where to go to get a certificate and how long it takes.

Why do you need a paternity certificate?

A paternity certificate is a document intended to certify the parental relationship between a child and a man. In a standard situation, the father's data is automatically entered into the child's birth certificate.

If the parents were not officially married or the mother of the newborn for some reason is unable to be present when applying for a birth certificate, in order to establish a legal connection between the man and the child, you must obtain the document described above.

After receiving a paternity certificate, a man has the right:

• have unlimited contact with the child;
• to be a representative of his interest until he comes of age;
• receive benefits and benefits from the state;
• transfer or receive an inheritance from a child without completing supporting documentation.

As soon as the man receives the document, he is recognized as the father from a legal point of view and all the above rights come into force.

Document appearance - sample

Sample

The certificate of paternity is a special form with a high degree of security: watermarks, etc. It contains the following information:

• name of the form;
• detailed information about the child: full name, date of birth, etc.;
• Full name of parents;
• Full name of the child to establish paternity;
• record of document issuance;
• official seal and signature of an authorized person.

Each certificate has an individual, non-repeating number and series.

Who issues the document

The only body authorized to issue this document is the Civil Registry Office. It is impossible to obtain a certificate in other places. You need to contact the registry office at the place of registration, in the department that issued the child’s birth certificate. The state fee for a document establishing paternity is 350 rubles.

Who can stand for the issuance of a certificate

The biological father is not the only person who can stand to issue a certificate. The following person (several persons) can receive the document:

• both parents, going to the registry office at the place of registration;
• the child’s father, if the mother died prematurely, is absent from her place of registration or is considered missing;
• guardian or person who cares for the child. The certificate can be received by both an individual and a legal entity;
• a child who has reached the age of majority.

Other persons wishing to issue this document will be refused.

How to apply

If there is a mutual agreement between the parents to receive a document establishing paternity, you just need to come to the registry office at the place of registration and leave an application. This is done:

• during pregnancy;
• at the time of registration of the birth certificate;
• after the birth of the child and his registration at the place of residence.

In addition to the application from the mother and father, you need to have an identifying document with you - a passport. Driver's licenses and other identification documents will not be considered.

If a woman is still pregnant with a child, the man must present a certificate from a medical institution about the relevant condition of the expectant mother.

To obtain a certificate of paternity at the time of issuing a birth document, you will need a certificate from the maternity hospital.

Upon issuance, adjustments are made to the registration journal:

• amendments are made to the information about the father, it is updated or recorded anew;
• The child's full name is updated.

Previous entries contained in the register are considered invalid from the moment the amendments are made.

In some cases, only the father of the child receives a certificate

In frequent situations, the father independently applies for a document, without the participation of the mother. This action is possible only in certain cases:

• premature death of mother;
• the woman’s absence from her place of registration, lack of information about her current location;
• mother's incapacity;
• restriction or deprivation of a woman's parental rights.

A man can apply for and receive a certificate of paternity in cases where the woman cannot give her actual consent or her decision is not legally binding.

What you need to have with you:

• identification document - passport (original and photocopy);
• a document or certificate confirming the mother’s inability to be present when submitting the application;
• certificate of approval of the action by the guardianship authorities (if the child is under 18 years of age);
• child's birth certificate.

The period for receiving the document is from 1 to 3 working days.

Establishing paternity in court

In controversial situations, a man can initiate obtaining a document recognizing paternity in court:

• the child's mother does not recognize the man's paternity;
• the father does not recognize the child;
• upon the death of the mother or deprivation of her parental rights.

Having familiarized themselves with the situation, authorized persons, based on the presented arguments, certificates and documents, will decide whether there is a need to recognize the man as the father of the child. If the request is granted, the man needs to contact the registry office at his place of residence and apply for a document.

The court decision will contain all the necessary information, so the man will only need to have a passport with him, and also pre-pay the state fee.

When can a document be refused?

An application for a certificate of paternity is accepted if the registration journal at the registry office does not contain this data or they need to be updated.

If the child has a father and this is recorded in the registry, then permission to file an application will need to be sought in court.

Correction of existing data solely from the words of the child’s mother is not valid in the absence of documentary evidence.

Paternity cannot be canceled if the child was born by a surrogate mother or IVF was performed and the man confirmed his consent in documentary form.

How to restore a certificate

If the paternity certificate is lost or damaged, it is enough to contact the registry office at the place of registration and obtain a duplicate of the document. But, if during the loss of the certificate the father is deprived of rights to the child, the registry office will refuse to issue the document.

Cancellation of paternity certificate

It is impossible to cancel a document establishing paternity on your own. This process can be initiated only on the basis of a positive court decision and nothing else. The following persons (several persons) can apply to cancel a document:

• a man listed in all certificates and documents as the father of the child;
• mother, guardians or other persons having a legally confirmed relationship with the child;
• the application was submitted by the biological father of the child in order to confirm paternity, if another man is indicated in the registry office register (DNA examination will be required);
• a child who has reached the age of majority.

To cancel a document confirming paternity, just one desire is not enough. Authorized persons must provide a reasoned reason, based on which a decision will be made to satisfy or deny the applicant’s request.

If the procedure was initiated by the mother or the child himself, it is necessary to provide documented evidence that the man fails to cope with his responsibilities, ignores them, commits acts of violence against the woman or child, etc. Most often, the procedure is not limited to just the annulment of the certificate of paternity. If the evidence provided is confirmed, the man will be limited in parental rights or deprived of them.

Cancellation of a paternity certificate is an irrevocable procedure. Once the process has been completed, the document cannot be restored again. Before deciding on this measure, it is advisable to think twice, and only then apply.

Are there any changes planned for 2023?

At the moment, there are no plans to introduce amendments or adjustments to legislative acts.

Certificate of paternity

The existence of a legal relationship between mother and child is undeniable. Consanguinity, which is given special importance in family law, does not require additional evidence in relation to the mother.

When the father is not officially married to the mother, and cannot be officially recognized as the father of this child, in order to respect all the rights of the child, it is very important to follow the procedure for recognizing paternity provided for by the Family Code of the Russian Federation.

A certificate of establishment of paternity, obtained as a result of state registration of the act of establishing paternity, gives a child born out of wedlock the same rights as a child born into an official family. Legal relations also apply to the father’s relatives, and they arise not from the moment the certificate is received, but from the day the child is born.

• DOWNLOAD a sample certificate of paternity establishment

What is a paternity certificate and why is it needed?

Based on the certificate, the father will be able to fully exercise all his rights as a parent - this is the right to raise and communicate with the child. He can also protect the child, represent his interests and collect information about the child in all authorities. The mother can exercise her legal right to receive alimony if the father evades his obligations. When receiving benefits, a certificate of paternity will be required.

Where and how to obtain a paternity certificate

According to Art. 47 of the RF IC, the origin of children must be certified, and for this purpose the law provides for a mandatory state registration procedure. Within 30 days from the date of birth of the child, the parents, or one of them, must declare the fact of birth by submitting to the registry office a corresponding application and a list of documents of the established form.

Among others, there is a document required to enter information about the father. The basis for entering data is the presence of a marriage or a period within 300 days that have passed after: annulment of the marriage, recognition by the court of its invalidity or death of the spouse.

If these requirements are not met, then to establish paternity it is necessary to take one of the following actions:

• The mother and father of the child apply to the registry office with a joint written application.
• The child's father expresses a desire to recognize paternity and, having previously obtained the consent of the guardianship authorities, submits an application. In this case, it is necessary to fulfill a number of conditions - the absence of the mother due to her death, her incapacity, recognition as missing, deprivation of maternal rights or the inability to establish her whereabouts. If the child is an adult, then recognition of paternity is possible if written consent is obtained.
• Filing an application to the court. A claim can be filed by both the mother and father of the child, as well as the child himself, having reached 18 years of age, or his guardian.

Having established paternity according to one of these points, the state registration procedure can be considered complete.

The certificate is obtained from one of the registry offices - where either the father or mother of the child is registered. The father can also obtain a certificate from the registry office where the child was registered.

If an application was filed in court, you can contact the local registry office where the court decision was made.

How to cancel a certificate

A record of paternity cannot be challenged administratively. The certificate can only be canceled in court if the record of the parents is contested.

Such a claim can be filed by the child himself when he reaches 18 years of age, by the mother or father of the child, or by their guardians.

The claims of the person indicated in the certificate as the father cannot be satisfied if, knowing that he is not the biological father, he previously stated the opposite. You can challenge the entry in the birth register by filing a claim for:

• deprivation of the father indicated in the certificate of parental rights (if there are grounds);
• cancellation of adoption;
• challenging established paternity.

Having received an extract from the court decision, you should contact the registry office to make changes - to delete the record of this person as the father of the child. And the certificate will be cancelled. It should be borne in mind that the court decision does not immediately enter into legal force, and after a month has passed from the date the decision was announced, a month is allotted for the losing party to file an appeal.

How to restore a certificate of paternity

You can restore a lost or damaged certificate by contacting the registry office with an application to issue a duplicate. A parent deprived of rights to a child does not have the right to receive a duplicate.

A certificate of paternity is a very important and legally significant document, and its receipt must be approached as responsibly as possible, since it can greatly influence the entire future life of both the child and the parent himself.

Certificate of paternity

What is a paternity certificate and when do you need to get one? How does this procedure work? The answers to these questions concern not only persons living in civil marriages.

The Family Code of the Russian Federation regulates such a concept of civil status as establishing paternity. As a result, a corresponding official document is issued - a certificate. This is how the child’s origin from a specific father is verified as a legal fact. And such registration of a civil status act is carried out by a special body - the Civil Registry Office.

The article we offer will tell you where, how and on what grounds state registration of establishing paternity can be carried out, as well as what a document establishing paternity is.

Grounds for state registration of paternity establishment

The current family legislation of the Russian Federation has established the following grounds for registering paternity:

Where is state registration of paternity established?

In accordance with the RF IC, state registration of paternity establishment can be carried out only by civil registry offices:

• at the place of residence of the child’s mother or father, who were not married to each other at the time of the child’s birth;
• in the civil registry office that registered the birth of the child;
• at the location of the court that made the decision to establish the fact of recognition of paternity or to establish paternity.

What is a paternity certificate?

The certificate of paternity establishment is issued on an official letterhead and certified by the signature of an authorized person and the official seal of the civil registry office that issued the document.

According to the requirements of the current family legislation of the Russian Federation, the certificate of paternity must contain the following information:

• about the child's father;
• last name, first name and patronymic (before paternity is established), gender of the child, date and place of birth;
• about the act record of establishing paternity and the civil registry office that issued the certificate;
• last name, first name and patronymic of the child after paternity has been established;
• about the child's mother;
• series and number of the issued document.

Documents for obtaining a certificate

A written application according to the sample issued by the Civil Registry Office is submitted personally by the applicant. If an application to establish paternity is made on the basis of a court decision that has entered into force, then, as an exception, it can be submitted by proxy.

The application can be submitted to the civil registry office at the place of residence of the parents or to the place where the state registration of the child was carried out.

The following documents must be submitted along with the application:

• Passports of the Russian Federation or foreign documents with a notarized translation (sometimes also an apostille) of the mother and father.
• Birth certificates (if available).
• Receipts for payment of state duty.
• Consent of an adult citizen (when paternity is established in relation to such a person).
• Permissions from the guardianship and trusteeship authorities in cases where this is required by law.
• Documents that confirm the father’s right to submit an application unilaterally.
• Court decisions (if any).
• Powers of attorney and passports of the representative.

Who can obtain a paternity certificate?

A document that establishes the fact of paternity is issued only by the civil registry office after reviewing the completed application and submitted documents to the following persons:

• parents of the child who are not in an officially registered marriage;
• to the child’s father in cases where his mother has died, been declared incompetent or deprived of parental rights;
• a citizen whose dependent child is;
• guardian/trustee;
• the child himself has reached the age of majority when the court makes a decision related to establishing the fact of paternity.

It should be noted that, as a rule, the applicant receives a certificate of paternity on the day of filing the application and the documents established by law. More detailed information on how to obtain a certificate of paternity can also be found on the website.

Certificate of paternity - how to obtain and challenge

A certificate of paternity is a document that is an integral part of modern reality, where many couples live outside of official marriage, but do not limit themselves to the possibility of having children and are in no hurry to register them with their father. However, it is worth noting that there are many cases in which the fact of paternity plays an important role.

Why do you need a paternity certificate?

Why do you need a paternity certificate? This is a type of official document issued by government bodies (registry office, court) involved in confirming the existence of family ties between a minor child and an adult man.

A man may need a certificate to gain the opportunity to take part in raising the baby and communicating with him (if the mother is against it). The presence of such a document will give you a significant voice when choosing an educational institution in the future or will allow you to receive funds from an adult child if such a need arises.

If the birth document is confirmed through the paternity procedure, the child is automatically included in the priority heir to the father's property. Regarding children, the current legislation does not distribute the order of succession to inheritance, based on the fact of the heir’s origin (whether married or not).

Also, with the help of this certificate, the child’s mother can request legal alimony from the father for his maintenance.

It is worth mentioning that this type of document is issued only in situations where a woman gave birth to a child without being married or in a marriage relationship, but not with the real father of the baby.

The paternity certificate must contain the following information:

• personal data, as well as clarification of the citizenship and nationality of the individual who was recognized as the father;
• personal data of the baby;
• information about the woman who gave birth to the child;
• number of the paternity certificate;
• date of issue of the paper with the place of registration.

An example of what the certificate should look like can be seen here.

This paper should not be drawn up and, therefore, filled out, based solely on the mother’s words regarding the father of her child. To obtain a correctly drawn up certificate, you need to go through a procedure that will help establish the origin of the baby.

Who can receive the document?

Who can obtain a document certifying paternity? There is no clear answer to this question, since there is more than one category of reasons for couples who may be granted the right to issue this type of paper.

1. The document can be issued based on an application submitted by the mother or father of the child living in a civil marriage.
2. Also, only one of the parents can issue a certificate.
3. In life situations, when the child’s mother is dying or is deprived of parental rights by a court order, the named or real father may be issued a certificate without her direct participation. This category also includes a situation where it is not possible to establish the location of the baby’s mother.

Since in the above cases the proceedings take place to register a child who has not reached the age of majority, in the process of obtaining the document it is impossible to do without the direct intervention of the guardianship service; official approval will be required from them.

1. The paper establishing paternity can be obtained personally by the child upon reaching the age of majority, but for this he will need to provide a court decision, which will display the data of the man who is his father.
2. In rare cases, you may need to obtain paper for an adult child, but without his personal presence. To do this, it is worth providing written permission from the child to issue this document or get by with his personal signature on the application with the appeal.

When is a paternity certificate issued?

When is a paternity certificate issued? In the case where a baby was born in cohabitation or outside of any relationship, paternity is subject to a large number of doubts, not only from the father, but also from the mother. In such situations, it is often necessary to go to court with a request to confirm or challenge the fact of paternity.

1. If for some reason the child’s mother refuses to grant the father the legal right to communicate with the common baby, he will need a certificate of paternity. Only with this document in hand does a man have a reason to insist on his own.
2. In addition, the mother may need the paper to receive child support. Despite the fact that the child was born outside of a legal marriage, he has the same rights as a child from a registered family. The certificate is presented in person to the mother at the registry office.

Note! An entry in the child’s birth certificate must be made no earlier than paternity has been established.

It often happens that during the registration of a birth certificate, information about the subject who is the father of an illegitimate child is recorded only on the basis of the information provided by the mother. Then the biological parent in relation to his son or daughter has minimal rights and superficial responsibilities.

An important argument for making a certificate is the right to receive due and necessary assistance from the state (social support, benefits).

Where can I get the document?

Where can I get a document proving paternity? The registry office is responsible for issuing the certificate. You can choose a department that is more convenient in terms of geographical location, both based on the residential address of one of the parents, and taking into account the place of registration of the child himself.

If the need to issue a certificate is based on a court decision on the need to establish paternity, the documents must be provided at the registration address of the courthouse.

To issue a certificate, you need to draw up an application using one of the sample formats recognized by law:

• a joint;
• from father;
• by court decision.

The application may be required to attach other supporting documents, such as:

• applicant's passport;
• copy and original of the child’s birth certificate;
• a receipt confirming payment of the state duty;
• if the petition is submitted by the father, then permission from the board of trustees;
• documents that can confirm a man’s right to file a petition (death certificate, court decision recognizing the incompetence or disappearance of a woman who is a parent);
• court decision;
• consent from a child who has reached the age of eighteen (if the document is drawn up as an adult).

Payment of the state duty can be made through any bank, having prudently taken the details from the registry office or on the official website of the department, you can also use the State Services website.

The completed application, together with the collected package of specified documents, should be delivered personally to the registry office suitable for the location for the specific situation. If the documents you prepared fully comply with the requirements, the paternity document can be collected on the same day.

Another way to obtain the desired paperwork is to contact the MFC or through the State Services website.

Note: in 2017, the amount of state duty was 350 Russian rubles.

Challenging a certificate of paternity

Contesting a certificate of paternity cannot be carried out administratively. If there is a need to change the entered information about the parents, then the paper establishing paternity can be canceled or annulled through the court.

The father indicated in the certificate, the actual parent and the adult child have the right to file a claim. If a request to set aside is filed by an individual identified as the father on the document but who is currently recanting his claim, the claim will not be successful.

However, it is possible to challenge the data previously entered into the birth registration book. You must submit an application with one of the following requests:

• deprive the individual specified in the certificate of paternity (if there is reasonable and documented evidence);
• revoke an adoption;
• challenge the fact of previously established paternity.

Having learned the court's decision, you need to go to the registry office to correct the document, that is, to cross out the entry indicating the father of the child. After such a procedure, the certificate will be considered cancelled.

Important: you need to know that after the court makes a decision, it does not come into force immediately. The losing party has a full month to file an appeal.

Retrieving or restoring a document

Receipt or restoration of a document may be due to the theft of the original, loss or damage.

In order to issue a duplicate certificate of paternity establishment, it will be enough to go to the registry office again with a written application, an attached package of documents (the same as for the first registration) and a receipt for the state fee paid.

If all documents meet the standards and the application is completed correctly, in accordance with the required format, a duplicate certificate will be issued to the applicant on the same day.

Note: just in case, it is recommended to make a copy of the document and have it certified by a notary; you can also consult with him about the possible issuance of a certificate in English (for a visa).

Practicing lawyer in the field of consumer rights protection. Author and editor of articles on the Rukazakon portal. Alexey Sabaev All articles by the author →

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