How to establish paternity without the mother’s consent - what to do if the father wants to establish paternity, the child’s mother is against

Family Law > Parental Rights > Procedure for Establishing Paternity

• You can apply to establish paternity by contacting any clinic or diagnostic center that does a DNA test.
• But more often the procedure takes place during a trial, when the man’s plans do not include recognizing himself as the father, on the basis of which he does not pay alimony to the child.
• Establishing paternity in court is a complex procedure that requires a strict sequence of actions and the provision of a certain package of documents.

Methods for establishing paternity

Russian legislation regulates that paternity is established voluntarily or by court decision after filing an application from authorized citizens.

Court proceedings to establish paternity are resorted to in the following cases:

• if the potential father is against being recognized as the father of the child;
• the death of the child's father, who recognized his paternity, but did not have time to formalize it.

1. The origin of the child from the mother is established on the basis of documents that confirm the birth of the child by the mother in a medical organization.
2. If the child was born outside a medical organization, then on the basis of medical documents, testimony or on the basis of witness testimony and other evidence.
3. If a child was born to persons who are officially married to each other, or within 300 days after the dissolution of the marriage, its recognition as invalid, after the death of the spouse of the child’s mother, the mother’s former spouse is recognized as the father, unless there is evidence otherwise.

Voluntarily

Children are not always born in a registered marriage . To protect illegitimate children, the institution of recognition of paternity was introduced.

But many fathers, despite the fact that they have not officially registered their marriage with their mother, recognize themselves as fathers and are ready to formalize paternity.

Establishing paternity voluntarily is a simple procedure . Article 48 of the Family Code of the Russian Federation, paragraph 3, regulates that the paternity of a person whose marriage with the child’s mother has not been formalized can be established by submitting a joint application to the registry office with the father and mother of the child.

If the mother has died, she has been declared incompetent, deprived of parental rights, her whereabouts cannot be determined, the father can submit an appropriate application after receiving the consent of the guardianship and trusteeship authority or by court decision, if there is no such consent.

If there are circumstances that give reason to assume that it is impossible to submit a joint application to establish paternity after the birth of a child, the parents of the unborn child who were not officially married can submit an application to the registry office during the mother’s pregnancy. A record of the child’s parents will be made after the birth of the child.

If the child is already 18 years old, an application to establish paternity is submitted after the consent of the child (or his guardian, guardianship authority, if the person is incapacitated).

What documents are needed to establish paternity in the registry office:

• passports;
• child’s birth certificate (if available), medical certificate from the maternity hospital;
• receipt of payment of state duty;
• permission from the guardianship authorities (if required);
• consent of the child if he has reached the age of majority.

Parents submit all documents to the registry office at the place of residence of the parents or to the registry office where the fact of the child’s birth was registered . A certificate of paternity is issued on official letterhead and with the official seal of the civil registry office.

The document must contain information:

• about the child's father;
• Full name, date and place of birth of the child;
• act of recording the establishment of paternity, information about the civil registry office;
• Full name of the child after paternity has been established;
• Full name of the child's mother;
• series, paternity certificate number.

The registry office may refuse to issue a certificate if the birth register already contains information about the child’s father. Then the fact can be challenged in court.

Establishing paternity in court

It happens much more often that there is a dash in the line “father” in the baby’s birth certificate, but the father is alive and even healthy, and insists that he is not involved in the birth of the child. Then the child’s mother needs to go to court.

• If parents who were not and are not officially married to each other do not have a joint statement or a statement from the child’s father for recognition of paternity, then the child’s origin from a specific man is established by the court based on the claim of one of the parties, the guardian (Article 49 of the RF IC).
• Let's look at how to establish paternity if there is a dash on the child's birth certificate.
• For trial, the following conditions must be met:

• there was no official registration of marriage between the parents;
• the man does not intend to acknowledge his involvement in the child, his paternity voluntarily;
• Guardianship authorities do not allow a man to voluntarily establish paternity if the mother died, she was declared incompetent, deprived of parental rights, and her whereabouts cannot be determined.

The plaintiff in the circumstances of a paternity case can be one of the parents, as well as the child’s guardian, or the child himself when he turns 18 years old.

Documentation

First you need to collect evidence confirming the relationship between the child and the parent . The court may take into account various evidence that reliably confirms the origin of the child from a particular man.

Evidence can be obtained from testimony, explanations of various parties, third parties, witness statements, written, physical evidence, audio-video recordings, expert opinions.

During the examination, the individual chart of the pregnant woman, the birth history, and the individual chart of the newborn can be examined.

One of the most basic pieces of evidence may be a DNA paternity test . Such a study makes it possible to establish paternity with high accuracy. But the court itself determines in which medical institution such a test can be done.

Then you need to prepare the relevant documentation:

• statement of claim to establish paternity;
• child's birth certificate (copy and original);
• receipt of payment of state duty (300 rubles);
• evidence that confirms the relationship of the child and his father.

The claim is filed in the district court at the place of residence of the defendant or plaintiff . The court satisfies the request to order an examination and to include additional evidence during the hearing.

If a man refuses to participate in the examination, if the examination cannot be carried out without his participation, the court makes a decision based on the remaining evidence provided.

The court also has the right to recognize the fact of paternity as established or refuted, depending on which party avoided the examination and what significance this research has for it.

Filing a claim

How to write a statement of claim? The document must include:

• name of the court;
• Full name, contacts, address of the plaintiff and defendant.

The main part describes the circumstances of the case. For example: there was a close relationship with the defendant during a certain period (indicate which), in which the pregnancy was established.

Next, you should indicate the defendant’s reaction to this circumstance. Specify:

• the child’s date of birth and birth certificate number;
• the fact that the father refused to submit a joint application to the registry office and confirm his paternity, which is why there is a dash in the birth certificate;
• evasion of the alleged father from financial assistance for the child;
• the father's refusal to acknowledge paternity out of court;
• paternity is confirmed on the basis of certain evidence (specify which);
• basic requirements: establish that the defendant is the father of the child, collect alimony from him;
• list of attached documents;
• date, signature.

DNA test

Usually required if a man has doubts about paternity . This opportunity is provided by the Family Code of the Russian Federation.

1. After a divorce and alimony has been awarded, a man has the right to file a lawsuit to challenge paternity if there are significant facts to doubt paternity.
2. If the test results are negative, the man, by court decision, is exempt from paying alimony.
3. It is recommended that the man provide the relevant information to the bailiff service, otherwise deductions from the salary will be made automatically, and the money can only be returned in court.

If there are matches in the test, a conclusion is made that the man is 99.9% the father of the child. If no matches are found and the document shows 0%, paternity is not confirmed.

Who pays for DNA? The cost of the research is paid by the applicant (the one who applies for the examination). In some cases, by court decision, both parties pay for the test in half.

How much does DNA cost? The cost depends on specific factors:

• type of test, parameters to be examined;
• number of participants (the fastest result can be obtained by studying the biological material of all three family members, even the mother);
• the type of biological sample, which increases the cost of the test by almost a third;
• urgency;
• pricing policy of a specific medical clinic or center.

In Moscow clinics and diagnostic centers in 2023, the cost of a DNA test can start from 12,000-15,000 rubles and reach 75,000 rubles. The average cost of such a test is 20,000 rubles .

Refusal to conduct a DNA test

If the father refuses to submit biomaterial for a DNA test for the court, he cannot be forced to do so.

But Article 79, paragraph 3 of the Code of Civil Procedure regulates that in case of evasion of participation in an examination, refusal to provide experts with the necessary materials and documents for research, and in other cases when, due to the circumstances of the case and without the participation of a party, it is not possible to conduct an examination, the court, depending on which party refuses the examination, as well as what significance it has for it, can recognize the fact as established or refuted.

The court relies on other evidence:

• personal correspondence;
• money transfers from the putative father;
• the fact of receiving parcels with gifts for the child;
• a fact that confirms that during the pregnancy the plaintiff and the defendant lived together;
• video recording of the mother and child being discharged from the maternity hospital, in which the man meets them;
• other evidence.

Preparation of documents for registration of paternity in the civil registry office

An application to establish paternity is sent after a court decision to the registry office. Also provide:

• passport;
• child's birth certificate;
• court decision;
• receipt of payment of state duty (350 rubles).

The mother will receive a paternity certificate.

Video: Establishing paternity in court

Establishment of posthumous paternity

Without establishing paternity after the death of the father, you cannot:

• apply for and receive a pension for the loss of a breadwinner for a child who has not yet reached the age of majority;
• receive your father's inheritance after he passes away;
• claim damages if the father was killed;
• fill out the column about the father in the birth registration book at the registry office.

The legal consequences are such that the child and his mother will not have any rights in connection with the death of the father, since there are no documents that would certify the relationship. If there are no such documents, then the notary will not accept the application for acceptance of the inheritance.

Paternity can be established posthumously in court . The court considers any evidence, including testimony from relatives and friends of the deceased, as well as:

• photo and video materials;
• personal correspondence, postcards;
• Internet correspondence, published photographs with comments from the father, where he calls the child son or daughter;
• SMS messages;
• receipts from stores with children's things, toys, food;
• confirmation of the transfer of funds to the child’s mother during her pregnancy or after childbirth;
• testimony of various witnesses.

If the father did not recognize the child as his during his lifetime, it is possible to conduct a genetic examination for the court (if the father’s parents are alive and do not object to the analysis).

The initiators of a DNA study can be relatives of a deceased man who deny his paternity or want to verify his paternity.

Evidence is also required:

• death of the alleged father;
• absence of official marriage of parents.

Judicial practice is such that in cases where the child’s mother and the father’s relatives have a good relationship, a DNA test may not be needed.

If the attitude of one party towards the other is unfriendly, the trial can drag on for months and take place in a morally unfavorable environment.

Another man on the certificate

If another father is indicated on the birth certificate, the civil registry office cannot accept an application to establish paternity. Then paternity must be challenged in court.

If the mother does not consent

If the mother is against recognizing the man as the child’s father, she must file a statement of claim, involve the child’s mother as a defendant, and the guardianship authorities as third parties.

You should apply for the appointment of an examination. If the defendant refuses, the man should state that the refusal is in his favor.

The court has the right to take into account various data (testimony of witnesses who can confirm that at a certain point a man and woman lived together, ran a common household, and so on).

Download:

Statement of claim to establish paternity - Sample.doc

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Biological father wants to establish paternity through court without mother's consent

No. 169682. May 26, 2009 at 12:26 Belgorod

Hello!

I dated a man for a short amount of time (without living together, etc.), from whom I became pregnant. From the third month of pregnancy, he did not take any part in our life. During pregnancy, I lived in a civil marriage with another person who agreed to register the child as his own and marry.

Now that the child is born, does the biological father have a chance to prove paternity? Will it be more difficult for him to do this if I am married and the child is registered in my husband’s name?! I am against this person’s participation in our lives, because...

We had a casual relationship and I left the child only because I had problems conceiving for many years.

Thank you very much in advance.

Irina.

Topic: Establishment of paternity, maternity, adoption, guardianship, paternity

Dementyeva Elena Yurievna, Zhukovsky No. 101985. May 25, 2009 at 2:49 pm

Hello Irina.

The biological father can file a lawsuit to establish paternity. You may be assigned a DNA examination, which you may not go for, but then the court may interpret this not in your favor.

May 25, 2009 at 2:59 pm

Thank you very much for your answer. Please tell me whether my marital status (if I am married) and the fact that the child is registered with my current husband (according to our joint application to the registry office) influence the process of establishing paternity by the biological father. That is, he will also need to prove that the current husband is NOT the father, and then that the father is HE?!

Dementyeva Elena Yurievna, Zhukovsky No. 101992. May 25, 2009 at 03:54 pm

This will only complicate everything for the real father of the child, but it can be proven. DNA testing will show everything.

May 25, 2009 at 5:31 pm

But I can refuse the examination on the grounds that this person is an outsider and made everything up, because... He has no compelling evidence - no photos, no cohabitation, no joint purchases, no receipts for money that he could give me... And the child lives in a complete family, with a father who is included in the certificate and married me after birth child.

Whose side is the court usually on in this case? Statistically, how often can a biological father win a case under these conditions?

Sorry for being annoying, but this question is very important to me.

Thank you for your attention and answers.

Dementyeva Elena Yurievna, Zhukovsky No. 102045. May 25, 2009 at 9:59 pm

Since he has no evidence, he will not be able to prove that he is the father. In practice, I have never encountered such a case. Even if he can prove that he is the father (although theoretically this is not possible), you can deprive him of parental rights (he does not appear, does not take part in upbringing, does not pay alimony, etc.)

Sokolov Dmitry Gennadievich, Moscow

lawyer, Moscow, tel. +7(915)217-18-02 civil, housing, family, labor, administrative disputes, cases of administrative violations

No. 102121. May 26, 2009 at 10:59 am

Hello Irina.

In principle, in court, he can prove that he is the father (through an examination) and in the future, also through the court, seek visits with the child. Refusal of the examination will indirectly indicate that the child is his and, accordingly, the court can then make a decision without it.

I'll be glad to help!
BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID services, please contact us by phone. Please DO NOT contact us for free consultations by phone, value your time and my time. Hope for understanding. I'll be glad to help! BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID...

May 26, 2009 at 11:05 am

Dmitry, how can we avoid ordering this examination altogether?

Does it require good reasons? Or will it be assigned to anyone who wishes to become the “dad” of my child?

Sokolov Dmitry Gennadievich, Moscow

lawyer, Moscow, tel. +7(915)217-18-02 civil, housing, family, labor, administrative disputes, cases of administrative violations

No. 102138. May 26, 2009 at 11:30

Hello Irina.

Yes, practically. You don’t have a waiting list there, I hope? ))) Grounds for appointing an examination - a statement of claim to the court, initiated legal proceedings, a petition from the plaintiff to appoint an examination. Based on this, the judge makes a decision to order an examination.

I'll be glad to help!
BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID services, please contact us by phone. Please DO NOT contact us for free consultations by phone, value your time and my time. Hope for understanding. I'll be glad to help! BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID...

May 26, 2009 at 11:38 am

)) I hope there won't be a queue.

Please advise what I need to do to make the process of proving paternity as difficult as possible for the biological father. And how often in our country does the court satisfy the claims of such fathers, violating the integrity of the existing full family?

I don’t need anything from him - no alimony, no participation in the upbringing process. No complaints. The trial is to annoy me, and the child will suffer. I doubt that the biological father intends to be involved in raising the child for many years.

Sokolov Dmitry Gennadievich, Moscow

lawyer, Moscow, tel. +7(915)217-18-02 civil, housing, family, labor, administrative disputes, cases of administrative violations

No. 102145. May 26, 2009 at 11:55 am

Hello Irina.

Hire a competent specialist to represent your interests in court.

I'll be glad to help!
BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID services, please contact us by phone. Please DO NOT contact us for free consultations by phone, value your time and my time. Hope for understanding. I'll be glad to help! BUT! I DO NOT READ the clarifications on the website. Detailed consultations, drawing up claims, appealing court decisions, conducting cases in court - PAID...

May 26, 2009 at 12:26 pm

Dmitry, thank you for your attention to my problem)

The answer is exhaustive - that’s exactly what I’ll do!

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How to establish paternity if the mother is against it

Latest questions on the topic: “How to establish paternity if the mother is against it”

I am a father and want to establish paternity, but the child’s mother is against it. In addition, she does not allow communication with the child, although she constantly asks for money for his maintenance. We live in different cities. Please tell me in which city I need to file a lawsuit and what other documents are needed.

How to establish paternity if the mother is against it

Dear Vladimir

According to Article 29 of the Code of Civil Procedure of the Russian Federation, claims to establish paternity can also be brought by the plaintiff to the court at his place of residence.

Apply to the court for a DNA test. 

Hello, the question is this: I and my child’s mother were not and are not married, now I want to establish paternity, but the child’s mother is against it, where to start? She leads an immoral lifestyle, drinks, I am always with my son, but since I formally have no rights, she periodically takes him away. Thanks for the answer.

How to establish paternity if the mother is against it

Hello! Through the court! the court obliges to establish paternity.

Article 49. Family Code

Establishment of paternity in court In the event of the birth of a child to parents who are not married to each other, and in the absence of a joint application of the parents or an application of the father of the child (clause 4 of Article 48 of this Code), the child’s origin from a specific person (paternity) is established in court upon application one of the parents, guardian (trustee) of the child or at the request of a person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. In this case, the court takes into account any evidence that reliably confirms the origin of the child from a specific person.

Hello, I have such a problem, I lived with my wife in a civil marriage, we had a son, but my wife did not write me down as the father on the birth certificate, can I register paternity myself?

How to establish paternity if the mother is against it

Hello!

If there is a dash in the birth certificate, you need to file a claim to establish paternity on the basis of Article 49 of the RF IC:

In the event of the birth of a child to parents who are not married to each other, and in the absence of a joint application of the parents or an application of the child’s father (clause 4 of Article 48 of this Code), the child’s origin from a specific person (paternity) is established in court upon the application of one of the parents, the guardian (trustee) of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority. In this case, the court takes into account any evidence that reliably confirms the origin of the child from a specific person.

A DNA examination will be ordered in court. Sincerely, Nadezhda.

Good evening.

Can I register paternity myself? Artem

You can, but only initially you will have to go to court with an application to establish it.

Article 49 of the RF IC

In the event of the birth of a child to parents who are not married to each other, and in the absence of a joint application of the parents or an application of the child’s father (clause 4 of Article 48 of this Code), the child’s origin from a specific person (paternity) is established in court upon the application of one of the parents . the guardian (trustee) of the child or at the request of the person who is dependent on the child, as well as at the request of the child himself upon reaching the age of majority.

In this case, the court takes into account any evidence that reliably confirms the origin of the child from a specific person. Lawyer: Vladimir Krasnikov

When parents live without registering their marriage, problems may arise in establishing the origin of the child.

In this case, to establish the origin of the child, paternity must be established in one of two ways:

1. by submitting a joint application to the civil registry office (in case of voluntary recognition by the child’s father) in accordance with clause 3 of Art. 48 RF IC;

1. by filing a lawsuit to establish paternity

The grounds for establishing paternity in court are provided for in Art. 49 of the RF IC and these include the following circumstances:

• the birth of a child to parents who are not married to each other is established if it is impossible to submit a joint application on the origin of the child;

• the child reaches the age of majority if he does not have information about his parent (parents) on his birth certificate.

As a rule, going to court occurs if it is necessary to establish a legally significant fact (for example, to make an entry about the father in the child’s birth certificate) or to collect alimony or to be exempt from paying it. The second is the basis for those parents who doubt their paternity to go to court.

The court takes into account any evidence that reliably indicates the origin of the child from a specific father (photos, videos, documents, witnesses, etc.). And no evidence has a predetermined strength - the court will evaluate everything in its entirety.

As a rule, the indisputable point in the dispute about establishing paternity is genetic testing. It can be done before going to court, but there is a risk that the defendant will disagree with these results and order a forensic genetic examination.

The mother does not give consent: can the biological father establish paternity himself and how to do it?

In life, situations often arise when a man does not want to recognize himself as the biological father of a child. The opposite cases occur quite often: women are not ready to meet their fathers halfway, ignoring their desire to participate in raising their children together.

They consciously want to have the status of a single mother. If the parents cannot resolve the issue peacefully, the man has the right to resort to the help of government agencies and try to defend his paternal rights.

Can a biological father establish paternity without the mother's consent?

However, to achieve a positive result, the biological father needs to collect a number of evidence to substantiate his position (for example, witness testimony).

Despite the fact that the child’s mother cannot prevent the filing of an application to establish paternity in court, she has the right not to give her consent to a DNA examination. Often, the absence of a genetic test result does not affect the decision in favor of the father.

If a man wants to prove his paternity, and he is sure that the child’s mother will not agree to the examination, it is better to prepare other significant evidence and submit it to the relevant government agencies.

How can a man prove his involvement in the birth of a child?

Family law regulates the procedure for establishing paternity. Both the mother and father of the child have the right to initiate this procedure. Often, situations arise when a woman raises a son or daughter out of wedlock, but does not want the child to officially have a father.

Where to contact?

In this case, parental rights are proven exclusively in court. Cases to establish paternity are resolved by district or city courts at the place of registration of the defendant - the child's mother, on the basis of an application submitted by the man.

The process of establishing paternity through government agencies is not easy and has a number of nuances.

And, if the child’s biological father wants to become an official parent, he will have to carefully study the available reliable information on this issue or seek the help of a family lawyer.

Filing a claim

An application to establish paternity can be submitted, among other things, by a man who is not officially married to the child’s mother. The main requirement for any claim is its compliance with Articles 131 and 132 of the Code of Civil Procedure of the Russian Federation.

In order to prevent gross errors, due to which the court may leave the claim without progress or return it, it should consistently spell out:

• the header of the document (name of the court, full name of the plaintiff and defendant, their registration addresses, as well as contact information);
• document's name;
• descriptive part (state in detail, but specifically, without distorting facts and events, the essence of the situation, the date of pregnancy and childbirth);
• evidence supporting the applicant's arguments;
• excerpts from laws justifying the plaintiff's right to be a parent;
• the petition part (recognize paternity by making an appropriate entry in the child’s birth certificate);
• date and signature of the plaintiff.

The attached documents are also listed at the end of the application. They will be discussed further below.

The application form can be viewed at the court. As a rule, standard samples of documents are placed on stands. However, each situation is individual and requires a special approach. Therefore, it is recommended to additionally consult with a lawyer before submitting a package of documents to the court.

Required documents and evidence

To increase the chances of a positive court decision, the following must be attached to the claim:

During the preliminary hearing, the judge raises the issue of ordering a forensic examination as another proof of paternity. This is stated in Article 79 of the Code of Civil Procedure of the Russian Federation. The examination does not take precedence over other evidence.

To make a fair decision, the court takes into account other arguments of the plaintiff. If none of the parties to the case objects to its conduct, the court postpones consideration of the issue until the test results are received.

• In addition, the court takes into account:
• Using this information, it is possible to establish the fact that at the time the child was conceived, the applicant lived with the defendant and, for example, did not plan to abandon the child after his birth.

How to do a DNA test?

The most reliable option for performing a DNA test is to contact a specialized institution (laboratory or clinic) and submit the appropriate biomaterial.

In extreme cases, samples can be collected at home. However, there is no guarantee that the results obtained on their basis will be reliable evidence in court.

The institution to which a citizen plans to apply for DNA testing must have special equipment and official permission to conduct this type of activity.

Today, in almost every major city in our country there are laboratories where you can go to check paternity through DNA analysis. As a general rule, research results are issued after 3-4 days after submission of the material.

Or you can use a more expensive rapid test; the result will be provided the very next day.

This option for confirming paternity is used when both parents are positive about the examination.

If the woman’s consent is absent, the procedure described above for filing a claim in court is applied, where the issue of expert examination is resolved. In the absence of such, the government agency makes a decision by examining other evidence presented by the applicant.

Therefore, in many life situations it is not necessary to conduct a DNA examination to resolve the issue of establishing paternity.

When the other party agrees to the examination and loses the case, all legal costs are recovered from it.

Cases to prove paternity are included in the category of increased complexity. To defend his position, a man must carefully study family and civil procedure legislation. It is also important to prepare “hard” evidence in favor of the arguments presented in the statement of claim.

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How to establish paternity without the mother’s consent - what to do if the father wants to establish paternity, the child’s mother is against

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The initiative to establish a relationship between father and child does not always come from the woman. Entering a man's data into children's documents gives him not only parental responsibilities, but also rights.

If the mother does not want to obtain the father’s permission to travel abroad, obtain his consent when selling children’s property, and generally share parental rights with him, then she can interfere with the procedure.

Let's look at how to establish paternity without the mother's consent.

Can a blood father establish paternity without the mother's consent?

The mother's consent to establish paternity is necessary only when registering a relationship through the registry office when submitting a general application. In other cases, the issue can be resolved without it.

Situations when paternity is established without the consent of the child’s mother:

The issue can be resolved both administratively and judicially. To submit an application to the registry office without the consent of the mother of a minor, it is necessary to obtain the consent of the guardianship department.

Important! Paternity can be established in relation to a minor or an adult child. If the child has already reached 18 years of age, then obtaining his consent is mandatory.

Thus, the blood father can establish a relationship with the child without the consent of the mother by a court decision or with permission from the guardianship department.

The procedure for establishing paternity, if the child’s mother is against it, through the registry office

If a woman prevents a joint application to the registry office, the father can resolve the issue independently. However, establishing paternity without trial is possible only in the following cases:

• the mother died, was deprived of maternal rights, went missing;
• another father is not included in the child’s documents (single mother or F25 certificate);
• The guardianship department gave permission to make changes.

Procedure:

1. Find documents confirming the absence of the mother (document on death, recognition as missing, deprivation of rights). Documents must be prepared in original form. The court decision can be provided in the form of a copy, but an official one (made by the court office).
2. Obtain permission from the guardianship department. Documents are issued by the district department at the place of permanent registration of the child. The permit is issued within 14 days from the date of application.
3. Prepare children's documents and father's passport.
4. Pay the fee. In 2023, the state fee for establishing paternity at the registry office is 350 rubles. The receipt must be submitted to the authorized body.
5. Submit documentation to the registry office or through the MFC. The application is completed on the spot. The form is provided by a specialist. A sample of the filling is located on the stand.
6. Get a new certificate. Documents are issued to the registry office immediately. And if sent through the MFC in 1-2 days.

Important! It must be remembered that from the moment a family connection is established, a man receives not only the rights of a parent, but also responsibilities. Interested parties can recover from him alimony for the maintenance of a minor or disabled child.

Establishing paternity on the initiative of the father in court

A man will need to go to court to establish a relationship with a child if:

• the mother objects to entering the data;
• in the “Father” column the details of another man are entered;
• The court decision on the missing person has not yet entered into legal force.

The principle of action in different situations differs significantly:

1. If the woman is against it, then it is necessary to demand a DNA test. The procedure can be carried out only with the consent of the legal representative or by court decision, since it requires violating the integrity of the child’s skin.
2. If the “Father” column contains the data of another man, then paternity must first be challenged. The procedure is carried out exclusively in court, including on the initiative of the biological father.
3. If the whereabouts of the mother are unknown, the father can go to court even before a court decision is made to declare her missing. The child's guardian may act as a defendant.

Step-by-step instructions when going to court

Algorithm of actions for a man:

1. Attempt at pre-trial settlement. If the father is sure of the existence of family ties with the child, then he should talk with the mother about entering data into the children's documents. A voluntary solution to the issue requires less time, effort and financial costs.
2. Preparation of documents. A statement of claim is not a basis for ordering a DNA test. Therefore, it is necessary to prepare the maximum amount of evidence.
3. Filing a claim. The application must contain information about the appearance of the minor, about the relationship with the child’s mother and about the reasons for the impossibility of voluntarily resolving the issue.
4. Referral to court. The application is submitted to the court at the mother’s place of residence.
5. Attending court proceedings. By this stage, the applicant must find a lawyer. Help from a specialist in establishing paternity will significantly increase the chances of success.
6. Initiating a DNA test. A request for DNA testing can be submitted by both the plaintiff and the defendant.
7. Obtaining a court decision. The document will come into force only 30 days from the date of issuance.
8. Registration of paternity in the registry office. Information is entered at the request of the plaintiff. A court decision is provided as evidence.

Important! If a woman refuses to visit a medical institution for an examination without a good reason, then the plaintiff’s demands may be satisfied by default.

Costs for establishing paternity

The main costs of establishing a family relationship are borne by the plaintiff. If a woman is against the inclusion of the child’s father’s data in the children’s documents, then the costs of the legal examination are borne by the initiator of the study.

Basic expenses

No. Name of expenses Cost (r.)

1	Legal consultation	From 2,000 (free on our website)
2	Preparation of a statement of claim	From 3 000
3	Representation in court	From 5,000 per meeting
4	Notarized power of attorney for a lawyer	From 1 500
5	DNA research	From 12 000
6	State duty to court	300
7	Registration of paternity in the registry office	350

A popular mistake men make is refusing the help of a lawyer. Only a competent specialist will help achieve satisfaction of requirements with a high degree of probability.

Duration of the trial

The period of trial in court consists of the following factors:

1. In accordance with the law - from 2 months.
2. When performing a DNA test - 1 month additionally.
3. It takes 1 month for the court decision to come into force.

However, the dates are indicative. The period can be significantly extended if a woman avoids attending a trial, examination, or for other reasons.

In practice, the proceedings can last up to 2 years.

Arbitrage practice

In most cases, situations are considered when a woman independently initiates a lawsuit and collects alimony from the child’s father. However, in practice the opposite situations also occur.

Example. Citizen R. applied to the court to establish a family relationship with the child. The mother could not go to court because she was deprived of parental rights. When contacting the guardianship department, the man was refused.

Since he was recently released on parole, he was not employed and did not own housing. Witnesses confirmed the presence of a family connection. Photos and videos from discharge from the maternity hospital were also provided to the process. The court satisfied the plaintiff's demands.

Since the mother was deprived of parental rights, the man had to apply to change the alimony claimant to himself.

Establishing paternity without the mother's consent requires careful preparation. A significant amount of evidence needs to be prepared. It is important to obtain legal advice to ensure proper preparation. If you have a problem establishing a relationship, leave a request in the feedback form. Consultation will be provided free of charge.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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If the mother is against establishing paternity

Judicial practice of establishing the fact of recognition of paternity

11.09.2022 — 13:18

Hello. We have the following situation. My father died; he and his mother were divorced. After his death, my sister, grandmother and I turned to a notary to register an inheritance. there we learned that a woman had appeared who claimed that she had a child from her father, and that this child should receive part of the inheritance. The notary sent her to court.

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Hello Alena!
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