Statement of recognition of paternity after the death of the father (model)

Today ' s couples do not always burden their relationships with legitimate ties, ignoring the possible consequences of their ill-advised actions; first of all, children who have emerged from such an alliance may be affected.

A child born in a legal marriage is automatically protected by law; a mother who has children in an unregistered marriage and who has lost her husband will undergo a long process of determining paternity after the death of her father.

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The concept and necessity of fact-finding

• Children need to be protected and their rights guaranteed.
• In the event that a confession of paternity was not made in the father ' s life, a woman should sue for paternity upon the father ' s death.
• This method determines the ability to establish a relationship between a child and a biological parent.
• In the professional language of the legal profession, post-mortem paternity is a legally defined procedure that is conducted exclusively by the courts and provides for recognition of the relationship between the deceased father and his children.

The death of a man who failed to document a child deprives a woman of legal protection.Moreover, children who are not recognized are limited in the exercise of their rights.

Admit Paternity — What Is It Needed?

The law establishes a list of cases in which a woman needs to be identified as a relative to her father.These include:

• The processing of survivor ' s pension benefits;
• Compensation for damages resulting from the intentional deprivation of human life;
• The need for inheritance;
• Collection of documents in the civil registry.

If the child has not been recognized as a parent, he or she is notLegal rightsthe father ' s movable and immovable property and the woman ' s ability to obtain protection and maintenance for the children after the man ' s death is denied.

The recognition of affinity after the abandonment of one of the parents is made by the court in accordance with the procedure established by law.The grounds for the recognition of the father by the legislature include:

1. The death certificate of a man whose paternity should be established.
2. Non-registration of marriage by biological parent and mother.
3. The existence of arguments to substantiate the fact that a man has acknowledged his children.

The mother, guardianship authorities and legal persons with unrecognized children have the right to bring the case before the courts.

How to go to court?

The preparation of an application to the courts should take into account the requirements set out in article 131 of the Code of Criminal Procedure of the Russian Federation.The application for proof of paternity following the death of the father, a sample of which can be found on the website, must contain:

1. The plaintiff's file.
2. A range of stakeholders has been identified.
3. Reference to a city or district court (e.g. the place of residence of the claimant or relatives).
4. A written statement of the content of the statement of claim.
5. Court requirements.
6. List of attached documents.

The plaintiff ' s information implies the identification of the passport.Persons interested may include relatives of a deceased father or a civilian wife.

The claim for recognition of paternity following the death of the father in the narrative contains information on the fact that the children were born out of wedlock, the absence of voluntary recognition by the father of their children in life, and it is important to note that evidence of the father ' s and child ' s relationship may be provided to the judge.

The example of the claim for paternity after the father ' s death should contain the plaintiff ' s claims to the court.

Here, the legislator has identified such things as establishing paternity for the deceased parent, making an appropriate entry in the documents.

If there is a legal dispute, the application describes the claim for a right to a potential father ' s inheritance, pension payments.

You can look at the application for paternity after the father's death here:

Other documents may be attached to the application, including:

• Identification documents (mother ' s or guardian ' s passport);
• Documents confirming the birth of a child;
• Death certificate of the presumed father
• Evidence of a related relationship;
• Documents confirming the existence of the dispute;
• A receipt for the payment of mandatory fees.

In addition, the court uses the testimony of its neighbours, payment documents for children ' s purchases, and video evidence.The plaintiff submits to the court photographs in which the parent and the child are present.In today's environment, social media reports and telephone records are sometimes used.

In addition, genetic research could be carried out during the court ' s consideration of the case.This method of proof of affinity applies in circumstances where a man ' s loved ones deny the possibility of blood relations or the absence of supporting documents from the plaintiff.

Warning:If the court has ordered a genetic examination, the entire cost of carrying it out is borne by the party who initiated the procedure.

However, it is important to take into account the fact that DNA testing is a voluntary act, so if a relative refuses to do so, it will not be possible to carry out an examination.

The DNA tests delay the processing of the case, so the trial is postponed until the results of the examination are available.

Case process

The determination of paternity is carried out by a court and is carried out in two ways:

1. The man recognized the child, but did not legalize paternity during the period of his life.
2. The biological parent was unwilling to recognize the children or his death occurred before their birth.

In both cases, the absence of a legal marital relationship between the parents must be a prerequisite for recourse to the courts.

It is also important to note that communication with the father is carried out as a matter of course.Minorsas well as those who have reachedThe age of majority of children.

Special procedure for the consideration of a case

The court will hear the case in special proceedings under article 50 of the Family Code.A key factor for consideration under this procedure is voluntary paternity – recognition of the child as dead in life but not in accordance with the procedure established by law.

Recognition of related relationships in special proceedings implies a simplified procedure for consideration.

The plaintiff must present to the court evidence of the parent ' s participation in the upbringing of the children and the financial assistance of the mother.In addition, the court accepts documents confirming residence together.

The facts of the birth of the child and the death of the father must be proved before the court and appropriate evidence must be provided.

The procedure in this case takes a short time and there is no genetic analysis of this procedure.

Decision-making on legal proceedings

The case is brought before the court if the man did not acknowledge paternity before his death; in such a procedure, the court generally orders the appointment of a DNA examination.

The notion of limitation in such a procedure is not taken into account by the court, so the claim is brought without time limit.The model of the declaration of paternity and recognition after the father ' s death must meet the requirements of procedural law.

When children reach the age of majority, their consent to the action is required.

The judge shall examine the circumstances of the case and the documents provided to the court in detail in the proceedings.After reviewing the documentation and facts, the court decides whether or not to recognize paternity.

In such circumstances, in order to establish a link between the father and the children, the claimant should formally confirm the death of the civilian husband.

Conclusion

In summary, following the court ' s verdict on the recognition of paternity, children have the right to bear the father ' s name, to pay various financial compensations and to be granted inheritance rights.

Recognition of paternity is a rather complex process, but in any case all children have the right to social security.

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Statement of recognition of paternity after the death of the father (model)

Main "Paternity and Motherhood "Statement of recognition of paternity after the death of the father

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A child born out of wedlock has the same rights as a deceased father's inheritance and other legal benefits as a child born out of wedlock.

In order to acknowledge paternity officially, any legal representative may file a complaint with the court and thus seek to defend the child ' s legal rights.

The need to recognize paternity after death

It is not uncommon for a man and a woman to live in a common-law relationship to have a child, but for a number of reasons the couple do not rush to include the biological father in the baby ' s birth certificate; as a result, the child has a father, but no legal documents support this; as long as the parents are alive, this does not affect the child ' s rights in any way, but if the man dies before the child is registered, the legal recognition of paternity is greatly complicated.

In order to restore justice, there is a special procedure for determining whether paternity has been recognized after his death, so that the child can obtain:

• Survivor ' s pension;
• The inheritance;
• Compensation if the father died of an accident or was killed.

Reconstitution and legal recognition of the relationship between the father and the child can only be granted by the court, and there is no statute of limitations for the recognition of paternity; moreover, in order to establish paternity, the law provides for a special procedure for the consideration of legal claims.

In some cases, it is possible to establish a relationship before the baby is born, for example, a man is seriously ill and knows that he will die before the child is born.

In such a case, he and the mother-to-be have the right to apply to the civil registry to establish the paternity of the future child.

Of course, the civil registration will not be made until the baby is born and the mother has obtained a birth certificate by submitting a birth certificate from the maternity home.

Post-mortem paternity in special proceedings shall apply where:

1. The child ' s parents were not legally married.
2. The child's father has not officially established his paternity in life.
3. The baby was born after the death of his father, and it must be established here that the future father knew that the child should be born.
4. The man was planning to sign up for voluntary paternity, but he didn't have time to do it.

In fact-finding:

• Lifelong involvement of the biological father in the upbringing and maintenance of the child;
• Recognition as a child;
• The joint residence of the deceased man with the child ' s mother or permanent financial support for the maintenance of the child;
• The absence of a challenge to the recognition of paternity by third parties interested in rejecting the official determination of paternity,

The procedure is usually simplified, i.e., special proceedings; generally, such claims are dealt with fairly quickly, there is no need for genetic analysis, and the plaintiff does not need the assistance of a lawyer.

Collection of evidence

A minor ' s legal representative in special proceedings will need to convince the court that the deceased man had a relationship with the baby. A simple statement of this fact is, of course, not sufficient, they need to be supported by evidence and witness testimony.

• Criminal Code certificate on the joint residence of the child ' s father and mother;
• Photo and video materials that suggest that the child ' s man and mother were living together and that he or she was involved in the child ' s upbringing;
• Bank statements from the deceased, according to which he provided material assistance to the child, bought items, toys, made other purchases or paid for the child ' s services;
• Any written documents showing that the deceased took part in the life of his or her son or daughter, such as the application for admission of a child to school, section or kindergarten, which he or she wrote and signed himself or herself;
• Information from social media that suggests that a man recognized a child in his life, for example, photographs of a child with a signature on the social media.

Model statement of claim for recognition of paternity

The following may apply for recognition of paternity other than that of the child ' s mother:

• The child ' s guardians or guardians;
• Other legal representatives of the child of whom he or she is dependent;
• The organization in whose care the child is, for example, living in a children ' s shelter, in which case the shelter ' s management may initiate a legal action to establish paternity;
• The child himself, if he has reached the age of majority.

An action for post-mortem paternity (the fact of affinity) shall be brought at the place of residence of the claimant and the following particulars shall be included in the document:

1. Name of court to which the claim is filed.
2. Information on the plaintiff, third parties participating in court hearings.
3. Statement of the situation:
   1. When the child was born;
   2. Information about it;
   3. Who is the biological father;
   4. An indication that the child ' s parents were not married;
   5. Why the father did not sign up for voluntary paternity;
   6. Date of death of the parent;
   7. The facts that indicate that the deceased man recognized a relationship with the baby in life;
   8. A list of evidence supporting the alleged facts.
4. It is then necessary to indicate the grounds for satisfying the claims.
5. The next paragraph should be an indication of why the claimant wished to establish the recognition of paternity and a reference to the SC articles that regulated the circumstances.
6. Next comes the exhilarating part.
7. The last paragraph is the numbered list of documents attached to the statement of claim, the date of the claim and the signature of the claimant.

Lawyers recommend describing the reasons why the deceased did not acknowledge paternity on his own, to the fullest extent possible, but should not fall into another extreme.

to describe circumstances in the form of a novel or a long story.

•  

Model application for recognition of paternity

Documents

The statement of claim will have to be accompanied by:

• The child ' s birth certificate, if he or she has reached the age of 14, is his or her passport;
• Any document that confirms the relationship between the child and the claimant, such as the passport of the mother or other legal representative (if they are a guardian, it will also be necessary to attach a certificate of guardianship);
• The certificate of death of the person against whom the plaintiff seeks to establish the fact that he was recognized as a father.

What exactly and how will it be necessary to prove in court?

In order for the court to satisfy the plaintiff ' s claims, the latter will have to prove in court the following facts:

1. The existence of a child for whom paternity must be established after the death of the father, which is proved by the birth certificate of the child, which does not include the entry "father".
2. The death of the presumed father is confirmed by a death certificate or by the call of witnesses who have such a certificate.
3. The absence of a formal marriage between the child ' s mother and the alleged father is confirmed by a certificate from the civil registry stating that the couple was not married.
4. Evidence that the deceased parent admitted to being related to the baby in the course of his life; the list of evidence on this point is provided above.

After the end of the trial

If the court satisfies the claims, the son or daughter shall have all the legal rights of the child of his or her biological father, which may include:

• The right to bear the father ' s name;
• The possibility of communicating with all relatives of the deceased father;
• The right to receive and receive a survivor ' s pension;
• The right to compensation (if the parent was killed or died as a result of an accident or accident where a third person was responsible for the death);
• The right to inherit the deceased ' s property and money.

After receiving the court ' s decision, the plaintiff must visit the registry office, hand over the document to the staff of the institution and file an application for a change in the child ' s information.

Claims for postmortem recognition of paternity in court are special, in each case the fate of the child is decided and errors are inadmissible, so each case is considered by the court individually. All the circumstances of the case are taken into account, some evidence is accepted by the court, some are ignored.

In cases where the deceased ' s relatives are on the mother ' s side, there is usually no particular problem, if they are categorically opposed to recognizing their deceased relative as the father of an extramarital son or daughter, it is desirable, at least in the first stage, to seek the assistance of an experienced lawyer specializing in such cases.

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Statement of recognition of paternity after the death of the father (model)

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In order to automatically enter the father ' s data into the children ' s documents, the parents must be married, otherwise a paternity procedure will be required, sometimes a man dies before he can apply to the civil registry.

In such a situation, the child is deprived of the right to be known as his or her son or daughter officially; he or she also loses all property rights related to the death of his or her father; the law provides for the possibility of entering the father ' s data into the children ' s documents in the event of his or her death.

In order to do so, it is necessary to apply to the court for a declaration of paternity after the father ' s death.

Procedure for determining recognition of paternity

The emergence of paternity rights and responsibilities is linked to the establishment of paternity.The Act provides for the following ways of establishing paternity rights:

• The mother and father were married at the time of the birth of the child;
• The child was born within 300 days of the dissolution of the marriage;
• The citizen applied to the civil registry office for the establishment of paternity (with the consent of the district guardianship department);
• The mother and father filed a joint application with the Local Register Office;
• The court decided to establish paternity on the application of the person concerned;
• The court found that paternity had been recognized as a dead citizen (art. 50).

The latter option is applied in the case of a citizen who has died before he/she can apply to the civil registry for recognition of the child; the procedure is exclusively judicial.

The applicant decides on his/her own whether to change his/her surname to his/her father ' s name, but the father ' s patronymic must be brought into line with the father ' s data.

If a decision is made with respect to a child aged 10 years or over, his opinion must be ascertained in order to change his name (art. 59).

To that end, it is necessary to establish the recognition of paternity.

A particular feature of the statement of claim is the need to state the reasons for which the legal fact is required, and the applicant must state directly and openly that he or she needs the father ' s information in the children ' s documents.

In practice, the following options are possible:

• In the memory of his father;
• For the payment of a survivor ' s pension;
• To obtain inheritance rights.

Thus, as a result of the determination of paternity, the child receives not only a formal but also a legal relationship, and the son or daughter receives all the property benefits granted to the official children.

Model statement of claim for recognition of paternity

Model statement of claim for recognition of paternity

download a sample of the declaration of recognition of paternity

Appropriate claimant

The law limits the list of persons who may apply to the court.

Appropriate plaintiffs

No. n/a Appropriate claimant

1	Mother of a minor child
2	Legal representative of a minor child (guardian, guardian)
3	The administration of the children ' s home (in relation to the student of the organization)
4	The guardian of an adult disabled child
5	Child itself, over 18 years of age

The complainant ' s authority must be documented; for example, the mother provides a birth certificate for the child and her civil passport; if the minor has reached the age of 14, his passport is added.

Action algorithm

In practice, the procedure can be divided into the following steps:

1. Document collection.
2. Preparation of a statement of claim.
3. I'll pay the fee.
4. Sending documents to court.
5. Trial.
6. Retrieving a court decision.
7. Changes to the birth record.

Collection of documents

List of documents to be brought before the court:

• The applicant ' s civil passport;
• An extract from the home book;
• The birth certificate of the child;
• A receipt of payment of the duty;
• Request for witnesses;
• Photos and videos with the participation of the deceased and the child;
• e-mails (letters, text messages, screen shots from messengers);
• Bank account statement for the child ' s income from the deceased.

One of the uncontroversial evidence is the result of DNA research; however, in the case of a recognition of paternity, the study may be conducted with other relatives (parents, brothers, sisters, aunts, uncles, grandparents).

If the applicant has the results of the DNA test on his hands, it may be attached as evidence; otherwise, a request for an expert examination may be made.

Features of the preparation of the statement of claim

Regardless of the manner in which the application is examined, the claimant must prove the father ' s paternity; the burden of proof falls on the applicant; therefore, special attention must be paid to the preparation of the evidence.

An important condition is the presence of witnesses on the part of the deceased.

• To recognize the child as the son of the deceased;
• To confirm that the deceased has acknowledged the child as his own;
• Refuse the confession.

If relatives reside in another country or refuse to attend a court hearing, the court will rely on the evidence provided by the plaintiff.

Payment of duties

The post-mortem determination of paternity is often a claim in defence of the interests of the minor child, and the applicant acting on behalf of the minor is therefore exempt from payment of the duty.

If the application is submitted by the child who has reached the age of 18 or by the guardian of an incompetent citizen, the fee must be paid.300 r.The original receipt is attached to the statement of claim.

Reference to the court

The procedure for determining recognition of paternity differs slightly from that for the consideration of the application, and the length of consideration varies according to the option.

Depending on the situation, the issue can be resolved:

1. In legal proceedings(Section 2 of the Code of Criminal Procedure of the Russian Federation), applicable in the event of a dispute, for example, the relatives of the deceased refuse to recognize a related relationship; the new relative is usually a priority heir; therefore, other recipients of property do not wish to have a competition; the procedure may take a long time.
2. Special proceedings(Section 4 of the Code of Criminal Procedure of the Russian Federation) If other relatives are absent or are not opposed, this option is often used if there is no inheritance after the deceased; the application is considered in one session; the applicant ' s claim is granted.

Trial

The trial varies according to the manner in which the application is dealt with.

When considering the application, the applicant must prepare a short speech, which must contain the following information:

• About the living together (near communication) of the mother of the child and of the deceased;
• Information on pregnancy;
• The relationship of the deceased man to the pregnancy of a friend;
• Did he meet her from the hospital?
• Has given money for the maintenance of a minor,
• Did you buy him presents?
• Has the public recognized as a son/daughter?

The court also hears witnesses (neighbors, friends, relatives).

Members of the district guardianship departments and the civil registry are invited to the process, and the specialist of the guardianship department gives an opinion if the application is submitted in defence of the interests of the minor.

If the evidence is insufficient, the court may order a DNA examination; the comparative material is taken from the deceased ' s relative and from the child; the claimant is responsible for the payment of the expert report; and the results of the analysis are the basis for a decision.

Retrieving a court decision

If the court has granted the plaintiff ' s claim, it is necessary to obtain a court decision; the document is issued on the day of the announcement, but it will not take effect until 30 days.

Application to the registry

On the basis of a court decision, changes will be made to the birth record, requiring the applicant to apply to the Register Office at the place of birth registration, to the IFC or to apply through the State Services.

It is a mandatory requirement to provide the original judgement with a mark of legal effect, after which the citizen receives a new birth certificate; the document contains the data of the deceased man under "Father".

The procedure for determining recognition of paternity is not easy, and independent action can significantly increase the duration of consideration or lead to denial of claims.

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Statement of recognition of paternity

Declaration of recognition of paternity — download sample

If the child ' s father has died without having had time to file an application for recognition of paternity in life, the matter can be resolved through a court of law by applying for recognition of paternity.

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

In the general case of a child ' s father, a person married to the child ' s mother is identified by the child ' s father; if the parents are not married at the time of the child ' s birth, the father may prove his paternity by filing a voluntary application with the civil registry; if the child ' s alleged father refuses to apply for paternity, the child ' s mother may apply to the court for the determination of paternity.

Pay attention!

Statement of claim for paternity

In this example, we will consider the situation where the child's father was not married to his mother, acknowledged himself as the child's father, but failed to establish his paternity for various reasons in life.

Grounds for determining recognition of paternity

When applying for recognition of paternity, the applicant, as a rule the child ' s mother, must indicate the grounds for determining this fact, which may include inheritance, survivor ' s pension, child benefits and social benefits in respect of his father ' s death.

Often, the child's mother simply wants the child's memory of his father to be remembered, so that he knows who his father was, does not feel like a fatherless child, has officially received the father's name and patronymic, and the father's relatives can initiate the recognition of paternity.

We recommend that the grounds for the recognition of paternity be stated fairly and openly in the application.

This will enable the court to involve all interested persons in the case, to hear and to take into account their position on the matter.

Otherwise, persons whose interests may be affected by the court ' s decision will have the opportunity to appeal at any time they become aware of the decision.

Preparation of a declaration of recognition of paternity

In preparing the application, it is necessary to ascertain the position of the deceased ' s relatives on the admission of paternity, determine the exact grounds for applying to the court, and ensure that appropriate evidence is gathered.

An important point for recourse to the courts is the absence of a dispute over the law.

If there is a dispute between relatives, heirs and other interested persons about a right to be settled by a court in the event of recognition of paternity, there is no point in filing an application under the special proceedings procedure, and if the court finds that there is a dispute about the right, it will leave the application without consideration, by inviting the applicant to apply to the court for action.

Similarly, in legal proceedings, the presumed father should be brought before a court in the event that he has denied his paternity during his life; in this case, the heirs of the deceased shall be the defendants.

As evidence of recognition of paternity, one can use correspondence, videos and photographs, cheques and receipts, and other documents; it must be clear from the contents of the documents submitted to the court that the deceased considered himself the father of the child and did not hide it from others, took care of the child and acted as a legal representative.

Witnesses may be relatives, neighbours, friends and co-workers (the persons concerned in the statement cannot be witnesses in the case).

Witnesses should be witnesses to the way in which the deceased took care of the child, describing the child as his or her child, and sharing plans for the future with his or her son or daughter.

Witnesses may be asked why in life the father did not take steps to acknowledge his paternity.

In preparing the application, it is necessary to determine whether it is necessary to change the child ' s surname and patronymic according to his or her father ' s data or to leave the mother ' s last name; it must be borne in mind that the mother ' s or child ' s different surnames may lead to further psychological problems.

Submission and examination of an application for recognition of paternity

An application for recognition of paternity shall be submitted to the District Court of the applicant ' s place of residence; the mother of the child, the child himself, after reaching the age of 18, may file the application with the authority of guardianship and guardianship in the child ' s interest.

When filing an application with the court, the complainant is exempted from payment of the public service as he seeks to protect the interests of the child.

If the applicant has correctly processed the application, indicating all relevant circumstances, if all the persons involved in the case have been duly informed, the court may consider the case in a single court session, and prepare a brief report for the court, describing the circumstances of the recognition of paternity.

The time limit for the hearing of an application before a court is up to two months, following the issuance of a reasoned decision, it will enter into force after the end of the month, and the court ' s decision to apply to the civil registry to correct the birth record of the child and to obtain a new birth certificate is required for confirmation of paternity.

Model declaration of recognition of paternity

The applicant (name of the ship):.........................................................................

(FIO in full, address)

Statementon the recognition of paternity

I gave birth to a child (FIO of the child) whose father was the father (FIO of the child ' s father).

At the time of the birth of the child, we did not have a registered marriage, and we did not apply for paternity in the civil registry, since we did not apply for paternity (detail the valid reasons why the father of the child did not apply for paternity in the civil registry).

==Death=======Death========Death======Death======Death=====Death====Death

• However, in his lifetime, he never doubted his fatherhood and acknowledged himself as a father because of the circumstances (details of recognition by the deceased father of the child, his actions, words, intentions).
• A confession (the father's FIO) by the father (the child's FIO) is confirmed by the child's (indicate proof of paternity).
• When the recognition of paternity is established, it is necessary to amend the recording of the child ' s birth certificate by specifying the child ' s father, and to change the child ' s name and patronymic by the father ' s name.
• The determination of the recognition of paternity is necessary for __ (to which it is necessary to establish the recognition of paternity).
• Under article 50 of the Family Code, in the event of the death of a person who has acknowledged to be the father of a child but has not been married to the child ' s mother, his or her recognition of paternity may be determined by a court of law in accordance with the rules established by civil procedure law.
• In accordance with articles 131 to 132, 264 of the Code of Civil Procedure,
• Please:

1. To establish the recognition of paternity (FIO of the father of the child) of the deceased `___' in relation to ____ (FIO, date and place of birth of the child)
2. Change the child ' s last name to.
3. Change the patronymic of the child to.
4. In the record of the birth certificate No. __ of "___", the date of birth, the place of birth, the date of birth, the place of birth, the nationality of the father, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of citizenship, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth, the date of birth.

List of documents annexed to the statement(copies by number of persons involved in the case):

1. Copy of the statement
2. A copy of the birth certificate
3. Copy of death certificate
4. Documents confirming the recognition of paternity
5. Statement of call of witnesses

1. Date of the application of the applicant
2. To download the application model: 
3.   Statement of recognition of paternity

Determination of paternity after the father ' s death: case law, model statement of claim

When a child is born out of wedlock, he may claim both the inheritance of his biological father and the payment of the State.

In order to resolve this issue, the child ' s representatives should apply to the courts and defend the right to receive whatever is required of him or her under the law; this may be done by resorting to the assistance of lawyers or by suing themselves for recognition of paternity.

The need to recognize paternity after death

At times, when a person dies, it is necessary to establish that he or she is related, i.e. paternity, to his or her alleged children. When no legal documents confirm the relationship, the father has not established his or her involvement with the child for life, there is a special procedure that will help to restore the truth.

The procedure for determining paternity after a person has died shall be carried out for the following purposes:

• The award of a survivor ' s pension to minor children;
• Claims for inheritance;
• To receive funds for compensation in the event of a violent death;
• the desire to re-establish a relationship and to fill out "justly" all the graphs in the birth certificate.

Only the judicial authority has the right to re-establish affinity, and the law provides for a special procedure in this case; the recognition of affinity is not subject to any statute of limitations and may be initiated at any time.

In some cases (e.g. when the father is seriously ill) the problem of establishing affinity can be resolved in advance; parents who are not legally married are entitled to apply to the civil registry before the birth of the child.

It specifies his alleged family name, first name and patronymic, and describes voluntary paternity; the registration in the civil registry is made after the birth of the child and the necessary documents are provided.

Special proceedings

Postmortem paternity shall apply in this case when:

• The marriage between the child ' s parents was not officially registered;
• Paternity was not established in life;
• The baby was born after the father died, and he knew that there was a pregnancy;
• The deceased agreed to be a voluntary father, but did not have time to formalize him.

When the biological father has participated in the child ' s upbringing for life, admitted to his or her own, assisted financially or even lived with his or her mother, and no one contests the possibility of re-establishing a relationship, the procedure will be simplified (recommended to read: a statement that the legal fact of the relationship has been established); such cases are dealt with by the court fairly quickly, without a genetic examination; as a rule, the use of a lawyer is not required.

Collection of evidence

You have to convince the court that the deceased is the father of the child.

If you have material evidence of the deceased's confession to your son or daughter, add it to the case, it may be:

• A certificate on the joint residence of civil spouses;
• Joint photographs and videos;
• Statements from the deceased citizen ' s accounts showing that he provided material assistance to the mother or child;
• e-mails through text or the Internet, social media;
• Letters, telegrams, postal translations;
• Notices of receipt of parcels;
• Applications, applications for placement of a child in a kindergarten, school, section signed by the deceased.

Formulation of a claim for paternity

The following may file a claim for paternity upon the death of the father: (detailed in the article: model of the claim for paternity upon the death of the father)

• The mother of a minor child;
• Guardians or trustees;
• Other persons and organizations in charge and care of the minor (children ' s home, shelter, etc.).

If the child has reached the age of majority, his or her consent will be required; for persons deprived of legal capacity, the consent of the guardianship and guardianship authorities must be sought.

The application for post-mortem paternity (paternity) shall be submitted to the Magistrate ' s Court at the claimant ' s place of residence.

• Make it mandatory to specify the application to the judicial authorities (receive for a survivor ' s pension, compensation for damages, etc.);
• Describe your situation in detail, and support your words with witness statements;
• It should not contain claims against the deceased ' s property.

Attach to the statement of claim:

Model application for action:

Proceedings

Proceedings shall apply in cases where:

• The child was born out of wedlock;
• The deceased did not voluntarily recognize the child;
• The alleged father did not know that the woman was pregnant by him;
• The deceased for life denied having a connection with the child;
• There are inheritance disputes.

It's a more complicated procedure for determining paternity, and it often uses DNA research, so it takes a long time, and the case is heard several times.

Genetics

Genetic examination shall be made in legal proceedings if:

• There is insufficient evidence of affinity, or it is not significant;
• The deceased ' s relatives do not accept the child and require DNA testing;
• The complainant insists on researching genetic material.

The cost of genetic analysis is paid by the party of the process that requested it. DNA research material is taken voluntarily from the deceased ' s relatives. If the alleged father is still in the morgue at the time of the investigation, the blood will be taken from him.

Preparation of an application to the court for the determination of paternity

A claim for paternity upon the death of the biological father shall be filed:

• Mother;
• An official representative (guardian, trustee);
• Organizations that maintain the minor on their dependents;
• The child himself when he reached the age of majority.

The claim is brought before a district or city court in the place of residence of the plaintiff or the persons concerned by the deceased ' s relatives, and a similar application is made in special proceedings, and the plaintiff ' s claims for the inheritance of the alleged father should be further described.

O you who believe, put forward evidence that the deceased is the biological father of your child, and if you are able to prove that there is a conflict of property or that a trial has been initiated with the relatives of the deceased.

Examination of the application in court

During the trial, the judge will hear all witnesses and assess the credibility of the evidence, and all dates will be checked for consistency and authenticity.

If the court considers the plaintiff ' s arguments to be convincing, a favourable decision on the claim will be made.

When a child is recognized as the son or daughter of the deceased, regardless of the judicial order in which it was applied, he or she shall have all the legal rights of the deceased ' s son or daughter:

• The child may change his/her patronymic and surname;
• He has the right to communicate with his new relatives;
• is entitled to a survivor ' s pension;
• The right to compensation when the father has died because of other people ' s fault;
• The child has the legal right to be the first heir to the property of the deceased.

Judicial practice

In the case law, post-mortem recognition cases are not so rare, usually involving property disputes or child benefits; it is not possible to speak of the most common decision of the court, since each case is dealt with individually.

When the alleged relatives are opposed to the child and the plaintiff, a lengthy trial is likely to take place, and the complexity of this situation is that the court is not entitled to force the defendants to surrender the genetic material for research, which is why such claims are generally not successful.

It happens that the court makes a negative decision not to recognize paternity as the deceased. The mother of a child who gave birth to a child who is unmarried and who is not recognized as a second parent should be careful about the collection of documents and other evidence that will help to prove the recognition of paternity.