Application for a genetic analysis of paternity (model)

Any party to the civil proceedings may file a request for the appointment of a study. The conclusions provided by the experts are evaluated by the judge along with other evidence in the case, but in most disputes he trusts them.

Therefore, applying for a genetic analysis of paternity is a fairly common practice.

Sometimes it is only in this way that you can prove to an untrustworthy man that the child is from him or, on the contrary, disprove the existence of affinity.

Preparation and filing of a DNA test request

Molecular and genetic research is often conducted through a civil process that challenges or establishes paternity.

Both the mother and the baby's dad can apply for a DNA test at any stage of the case.

79 PCA of the Russian Federation is entitled to initiate a study by persons involved in the case (e.g. a man who believes that he is the father).

You can also apply for paternity after the father ' s death; samples of the biological material of the deceased ' s relatives are taken for the study or the blood given by the man in his lifetime is used; you can also conduct the study to establish a connection with the deceased child.

The form and content of the request shall be subject to the standard rules for the preparation of documents, and the request for the appointment of a genetic expert to determine paternity shall consist of the following parts.

• Name and address of the vessel;
• The applicant ' s data, including contact details;
• Legal status of the applicant (claimer, defendant participating in the case);
• Production number;
• I'm not sure who's the party to the process.

1. At the center, you have to write the name of the document – a request for a DNA test for paternity.
2. If available, information is provided on the proceedings in which the examination is requested – date, case number, substance of the dispute.
3. In an arbitrary form, for example, women often ask for paternity to be established in order to obtain inheritance or to recover maintenance. Fathers apply for doubts about the child ' s relationship with his mother, the recent divorce of his mother, the birth of a child out of wedlock, the refusal of the guardianship authorities to entrust the child ' s upbringing to a man by depriving his wife of parental rights.
4. The legal basis for treatment - art. 79 of the Russian Code of Criminal Procedure - is indicated.
5. In the case of paternity, the following wording is used: "Is the party to the dispute the biological father of the child?" It is also possible to indicate the preferred organization that will conduct the laboratory study. It is allowed to request the court to allocate the costs of the examination between the parties.
6. A list of the attached documents, which must include a copy for the other party to the dispute.
7. Date and signature.

• The following form may be used to write an application:
• Methods of application:

• In court;
• Through the office of the court, either personally or through a trusted person;
• It's in the mail.

An application may be filed at any stage of the proceedings; in order not to delay the proceedings, it is recommended that the application be filed together with the filing of the complaint or in preparation for the hearing.

Example

If the parties to the dispute have violated the rules of procedure or the writing of the document, the court may refuse to appoint a study, and the content of the request must be given special attention.

If the document was inaccurate or, in the judge ' s opinion, incomplete, the applicant could be given additional time to correct the errors; once the defects had been corrected, the court would proceed to consider the application.

Review procedure

After a request for research has been made, the court hears the opinion of the parties on the need to appoint him (art. 166 of the Code of Criminal Procedure of the Russian Federation). The comments of the parties may not be taken into account by the court, but if the person directly concerned by the examination has refused to provide the biological material, he may not be forced to participate in the DNA test.

If the father does not wish to take the tests, the court will rule the case on the basis of other material.

For example, if, in a maintenance case, a man claims that he is not the father of the baby while avoiding the DNA test, the court has the right to recognize him as a father on the basis of other evidence or even without it.

If the parties to the dispute agree to a DNA analysis, the court shall order the appointment of an expert examination, which shall specify:

• Name of parties;
• Deadlines for the drafting of the opinion;
• Questions to a specialist (the court sometimes deviates from the requirements of the application);
• The facts that should be established or refuted;
• Name of expert organization, name of expert;
• Distribution of research costs;
• Conditions for the handling of biological material.

The court has the right to deny the application, stating the reasons for the decision in the determination; no re-application of the document to the same court is envisaged, but the applicant has the opportunity to file a private complaint against the judge ' s actions with the appellate body, stating in it that his rights were violated during the proceedings.

If all the parties to the dispute insist on the study and the procedure for filing the application is followed, the examination shall be ordered and the case shall be suspended for the duration of the examination.

The results of the DNA analysis shall be in the form of an opinion; this document shall be evaluated by the court together with other evidence; the Party, while disagreeing with the results of the test, shall be entitled to appeal against them; the Court may support the applicant and order a second or additional investigation.

Application for the appointment of a genetic test to determine paternity

Modern medical research is at such a level that it is possible to establish individual genetic indicators and compare them with other data by proving or rebutting the similarities between them, so it is highly likely that the persons studied are relatives and even to determine the degree of their relationship.

This method has been most widely used in the area of paternity, and it is often the DNA test that puts the final end to the dispute between the two people, and any interested party can make a request for a genetic analysis of paternity.

Materiality of DNA genetics

The genetic analysis of DNA is a study of molecular data from two or more human beings in order to establish a relationship between them or to deny that fact.

Supplementary information

Genetic analysis explores DNA molecules, each of which bears a unique code. Combining nucleotides form the links from which chains are built. Nucleotides create countless variations of DNA chains that are not repeated and have a unique structure.

Although DNA combinations are unique, they are quite similar in relatives, and the closer the relationship, the higher the match.

DNA testing is applied in many fields of science and medicine, but it has become particularly useful in the field of genetic relationship determination, and two or more people are testing the results of which are compared. DNA analysis can be done by one method:

1. This is the most common technique today, and it does not require long-term and labour-intensive withdrawals of biomaterials.
2. Data taken from fingernail plate particles are compared.
3. Defining similarities between the bones of an already deceased person, the most labour-intensive way that requires long-term comparison.

The reliability of the analyses may vary in a wide range, but may not exceed 99.99 per cent.

Grounds for holding the meeting

DNA testing is not prohibited and can be performed in any laboratory at the applicant ' s request; this will only require the provision of genetic materials and the payment of services; the results may give rise to personal conclusions, but the court will not be able to make such a determination.

As part of the forensic examination, studies are carried out in certain laboratories, which have accreditation for the activity and its reputation.

The court will need to indicate the basis for the claim, as set out in article 79 of the Criminal Code of the Russian Federation.

A similar study may be commissioned for a variety of reasons, such as:

1. The need to prove affinity: In court, this argument is most often cited in inheritance cases and disputes in determining the beneficiaries and their priorities.
2. Confirmation or denial of biological paternity: The most needed type of DNA research is to award alimony obligations or challenge them.

Note this.

Genetic analysis can also be carried out for the purpose of seeking evidence to solve criminal offences; DNA samples taken at the crime scene can be compared with those obtained from suspects; this helps to prove their guilt or to remove a person from the list of accused persons.

Preparation of the application

Most often, molecular-genetic analysis is used to determine civil litigation, and issues of relationship to a person may be raised in such proceedings.

Any participant in the process, at any stage, may apply for research on genetic material.

Most often, the mother or father of the child has recourse to such a remedy, but the same rule may be invoked by another man who believes that he is the child of the biological father.

You can establish paternity not only in the life of a hypothetical father, but even after his death. Gene material can be taken from his bones, but it will involve exhuming the body. It is much easier to compare the DNA of the close relatives of the deceased, such as the mother, brother, sister, father, and his children from other marriages.

The following points should be taken into account in the preparation of the application for paternity:

1. The question to which the experts must find the answer is clear: there may be more than one, but it is important that they state what is required in a consistent and accurate manner.
2. When drafting a document, reference should be made to the legislative provisions set out in article 79 of the Code of Criminal Procedure of the Russian Federation.

If there are special preferences for the laboratory ' s choice, they can also be set out in the application; the court may reject the proposal and replace the laboratory, but only if there are sufficient reasons to do so.

Form

The application for DNA testing for paternity is made in a conditionally arbitrary form, which means that no specific standardized forms have been developed for this purpose; the courts may develop their own collections for future plaintiffs and defendants or simply have samples of identical documents.

Supplementary information

The arbitrariness of the form led to numerous irregularities in the preparation of the application, and the complainant often writes his own petition without reference to the law, and the judicial experts do not pay particular attention to the paper.

A written request to the court to initiate DNA analysis must be made on a A4 page. The application must be structured as follows:

1. The preamble is the details of the parties involved in the case.
2. The name of the form.
3. Descriptional part.
4. The motivational part.
5. Signature of the applicant and date of filing with the court.

Information may be entered by hand or in hard copy.

Contents

The content of the application is also subject to a large number of requirements, which are inherently similar to a statement of claim and should fully disclose the reasons for the situation and require the possibility of obtaining conclusive evidence of possible paternity or lack thereof.

The application for the appointment of an expert to determine paternity shall be written according to the following pattern:

1. Name of court to which the application is submitted.
2. Information on the identity of the applicant, the defendant and other parties to the proceedings, if any, - the FIO, the address of residence and the legal status in the context of this review.
3. Summary of the situation.
4. Reasons for the application: This may be the desire to establish paternity and recover alimony, either to obtain the inheritance left by the father or, on the contrary, to challenge the relationship and the financial obligations of the man; without giving reasons, the application will be rejected.
5. Legislative grounds for such a study, reference to article 79 of the Code of Criminal Procedure of the Russian Federation.
6. Questions to the expert, to which the complainant would like to receive replies.
7. Data from the lab where the plaintiff wants to do the research.
8. The claimant may also claim a portion of the costs from the other side or charge them in full if the DNA results are negative.
9. List of documents attached to the request.

It matters!

If an application is filed after the trial in which the examination has been initiated, reference should be made to it – the number of the case under consideration and the date on which the proceedings commenced.

Submission to a court of law

An application can be submitted to a court at any time, without having to wait for a convenient time, and the sooner the application is heard, the better. The best is to file two claims at once, namely, the award of maintenance and paternity, but the procedure can be changed if the parties so wish.

The application shall pass through the same stages as the application, and shall be submitted to the Registry of the Court to verify the accuracy of the application and the completeness of the attached documents.

The specialist records the receipt of the documentation and then only waits for the applicant to complete the research, and the DNA examination itself, which takes up to six days to extract the biological material of the beech epithelia from the mouth.

But the judicial procedure for determining paternity involves:

1. The second party's notice of the application.
2. Designation of the date of delivery of the tests with the address of the laboratory.
3. The removal of biological materials from the persons involved in the proceedings.
4. A written result of the study.

Together, this may take several weeks, during which time the main case will be suspended.

Review by the court

The court focuses on officially obtained data from the genetics lab, which implies only two scenarios:

1. Paternity was established.
2. The fact of the biological relationship will be denied.

It is on this basis that further determination is made on the claims filed.

In accordance with article 79, paragraph 3, of the Russian Civil Code, the second party may refuse to surrender biological material; no one may be forced by force under the law, but the refusal is considered an indirect confirmation that the defendant is not convinced of his or her right.

Men often don't want to take DNA tests.

Such conduct for the court is a clear acknowledgement of affinity, which is established by the courts, with all its consequences, in the idea of alimony payments.

A woman raising a child may also refuse to carry out a child test, but in this case she will not be able to rely on legal requirements for financial support for a minor.

Note this.

DNA analysis does not always remove the father ' s financial obligations; if a man knew that he was not the child ' s biological father but adopted him or admitted him to his pre-trial detention, the appointment of an expert examination would be refused.

Definition

In making a judgement, the judge may decide on the following matters:

1. The recognition of a man as a father or the absence of affinity.
2. Need for alimony or refusal of the request.
3. Payment of part of the costs incurred on the defendant ' s side or recovery of all funds expended.

All these points are first read out orally and then set out on paper after the deadline for appeal, and the judgement is enforced by the Federal Service of Constables if the applicant seeks to initiate proceedings or, on the contrary, to close them.

The court ' s ruling also allows documents showing paternity to be obtained or the procedure to be reversed, all of which are carried out by the person concerned, the plaintiff or the defendant, depending on the outcome of the case.

Samples of documents

On the appointment of genetic expertise

Application for the appointment of a genetic expert to establish and challenge paternity

Form and content of the application

The request shall be prepared in accordance with the standard operating rules. The contents shall consist of four constituent parts:

1. Introduction: full name and location of the court; applicant information, passport and contact details; applicant status; production number; all parties to the proceedings.
2. Description: Name of the document (e.g. application for DNA expertise to establish paternity); number, date and substance of the case; statement of purpose of the statement in arbitrary form; e.g., mother ' s request for proof of paternity for inheritance.
3. Motivation: Legal, reasoned grounds for resorting to substantive and procedural law.
4. Expensive: specifying the list of questions put to the expert; depending on the type of dispute, the wording of the question is determined; for example, "is citizen I. (the party to the dispute) the biological father of the child?

The applicant has the right to indicate the preferred laboratory facility and to request that the costs of the examination be shared between the parties.

The application is accompanied by a list of the required documents. The document must contain a date and a signature. The application is rejected by the court. Any party to the civil proceedings may initiate the study. The application may be filed at any stage of the proceedings. The best scenario is the filing of the application at the same time as the claim.

Model application for genetic examination

Purpose and facilities of expertise

A specialist ' s opinion is required to establish the biological relationship, the origin of one person from another when challenging paternity or maternity, the identification of a deceased child with relatives, the determination of paternity after the father ' s death, the confirmation of a medical error, the identification of traces of a crime; in the case law, one type of expert examination is DNA research, but most often these concepts are regarded as identical; the conclusion makes it possible to establish with certainty the objective circumstances of the case.

Procedural legislation does not provide for the possibility of a re-examination of the genetic relationship between the same actors.

Matters of common concern

The accuracy and completeness of the expert ' s opinion in the context of a particular case depends on the questions that have been correctly formulated; the requesting party is responsible for drafting the request, but in some cases the court may choose to adjust and supplement the wording. Most often, the expert is asked the following questions in order to identify genetic information:

• Are the DNA samples provided from the ear sulphur, saliva, and blood related to the genetic data of a particular subject?
• Is the individual the biological father (mother) of the child?
• Was the pregnancy the result of sexual intercourse with a particular person whose DNA samples had been provided for research?

Procedure for the consideration of the application

Judicial statistics show that the applicants in most cases receive a favourable decision on the appointment of an expert expert; when making a decision, the court must hear the views of all parties on the basis of article 166 of the Code of Criminal Procedure; it is prohibited to force a party to participate in a DNA expert examination.

If the subject refuses to provide genetic samples, the court may assess such a step as reasonable confirmation or rebuttal of the parties ' arguments, in particular in the category of paternity cases.

For example, if the subject matter of the proceedings is the assignment of maintenance and the father renounces his or her status but does not agree to participate in the examination, the court may recognize his or her duties as a father on the basis of other materials of the case or an appropriate entry in the birth certificate of the child.

The decision on the appointment of a special medical study shall be made by a court decision and the procedural document shall not be subject to appeal.

Objections to the application shall be made in writing and shall be attached to the case file or recorded in the record of the proceedings.

An objection to the determination of the court by the dissenting party may include in the appeal and file a private complaint against the judge ' s actions with the appellate body.

How do you model a request for genetic analysis in a criminal and civil case (for paternity determination)?

Forensics are most often assigned in court proceedings because it solves many problems in court proceedings; one of its branches is genetics, which, with the development of new technologies, becomes increasingly necessary and capable of solving complex problems; and the article tells us how to write a request for genetic analysis of paternity.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How do you solve your legal problem -- use the form of an online consultant on the right or call at +7 (499) 938-50-73. It's quick and free!

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Case studies

Genetic analysisis conducted when it is necessary to establish the identity of the material received to the accused in the disclosure of criminal offences.Its principle is that biological tissues found at the crime scene or on the victim ' s body allow identification with the perpetrator who left them at the time of the offence.

For example, on the fingernails of the resisting victim, the same is important in identifying the perpetrator for genetic material left behind as a result of sexual violence.

The basis for such analysis is the production of fragments of the skin and parts of the skin, hair containing DNA molecules of the accused, which are checked against the material found at the crime scene.

The essence of the analysis is based on stable genetic structures owned by the individual.By counting the genetic code through the new generation of technologies, the expert establishes the identity of the polymorphic structure of the samples to be checked and the fact that he was involved in the crime.

In civil claims, genetic analysis is used to determine paternity or other degree of kinship, based on the identification of the so-called variable tandy replications (VTP) as the basis for the genetic structure of the human being, and naturally, the closer the degree of kinship, the higher the convergence of the TTF in genetic samples.

What challenges should be met?

Based on the specific nature of the criminal act,The following tasks may be assigned to the expert:

1. The identification of the body fragments, including the number of deaths, the sex of each of them.
2. Identification of alien material on the victim's body belonging to a person who was in contact with him, possibly in the commission of a crime.
3. Identification of the victim's remains by matching genetic matches with the alleged relatives.
4. The fact of sexual intercourse, just after it's been done.

The existence of a close relationship, if the defendant refuses to carry out the examination, is also subject to the procedure of legal action.

Who's making the petition?

Once a case has been brought before a court, such a decision may be made by the court at its discretion.Similarly, a request for genetic analysis may be made by:

• The victim, his representative, the prosecution;
• The accused, his representative, the defence.

In civil cases, such a request shall be made:

1. The plaintiff or his representative;
2. by the defendant or his representative.

The injured party, as well as the plaintiff in the proceedings, may take the initiative by filing a request; the accused and the defendant may only file a motion in response to the charge against them.

IMPORTANT:The representative shall speak for the benefit of the person only on the basis of a notarized power of attorney, and the accused, who are present at the remand centre, shall certify the authority of the head of the institution.

Please read here in detail who can apply for a forensic examination and how to process this document.

1. "Shooting" is done.On the top is the name of the court in which the case is heard and the name of the trial judge. The following is the source of the request and the status of the originator. For example, Vasnetsov M.K., the defendant in the case. The following is the case number and details of the parties who may take the floor:
   • The plaintiff and the defendant;
   • The victim and the accused.

   The listed information shall be entered by a tablet on the right side of the sheet.

2. Title of the document: The following is written in the middle: "Request for the appointment of a genetic expert".
3. Introductory part.It refers to the main text, but its task is to formulate the information given in the "scape" in such a way as to lead them to a reasoned statement of the request, stating that the relevant court is in charge of the criminal (civil) case in question, in the event of an investigation into the crime related to a particular incident; all the provisions of the chapeau are required to be specified in accordance with the circumstances of the case.
4. The wording of the justifications.Once the basic information on the case is transmitted, the grounds are given which oblige the court to order a genetic examination, and it is required to indicate a significant fact which is not reflected in the case, but which is essential for an objective understanding of what is happening.

   For example, the defence may state that: "Cigarettes found in an ashtray at the crime scene may contain the saliva of a person present at the crime scene and withdraw charges against suspect Konoplev M.T.

   BACKGROUND:The arguments presented must be supported by documentary evidence attached to the request.

5. Request writing.This part of the document is always standardized: "On the basis of the above and on the basis of the provisions of article 283 of the Code of Criminal Procedure of the Russian Federation (or 79 of the Code of Criminal Procedure of the Russian Federation) of the Office of Internal Oversight Services:".
   • Formulation of the request for an application.
   • An exhaustive list of issues to be submitted for review.
   • Name of State Bureau of Forensics (SME) or other non-governmental institution where genetic analyses are required.
   • Position, name and initials of an expert.
6. Final provisions.A request relating to the nuances of the process is appropriate here; the most common is requests for reimbursement of the value of the examination by the guilty person, with a mandatory indication of the cost of the service.
7. Annexes to the document.The main text concludes with the date and signature below a list of the annexes. It includes the documentation attached to the application. It contains any evidence of the need for genetic analysis, including any acts, statements and statements, as well as oral testimony.

   Reference may also be made here to the evidence in the case, requesting that it be attached to the application in the form of copies.

More about this request for a CME in a criminal case, we've talked about here, and in this article you can look at a sample of this document.

How and where does it go?

Prepared byThe text with copies and originals of the documents is transmitted in a package to the office of the court or to the clerk of the court.Documentation must be registered at the time of filing; the transfer to the office may take place at any time, and the clerk of the court may also transmit the request directly in the courtroom.

ATTENTION:If the accused at the SIZO makes an application by post, the option of a registered letter of receipt and an inventory of the investment is always chosen.

In addition, a declaration of genetic analysis may be made orally, in the presence of the court, with the request recorded in the record.

Cases of refusal

After consideration of the application and taking into account the reasons given therein, the court decides whether to order an expert examination or to reject it.This right is exclusively within the jurisdiction of the court and is not subject to challenge except in cases of violation of court proceedings, usually on the basis of objective reasons and the apparent situation reflected in the case on the basis of the evidence already available.

If the refusal was caused by technical errors and miscalculations, they are stated in an extract from a court decision to make a negative decision on the request. They can be corrected and renewed. In other cases, the court decision will have to be followed.

Conclusion

The genetic examination is based on advantage for the purpose of identifying similarities between persons, or for the purpose of determining the ownership of biological material to a certain person.Appointed by a court decision or on the basis of an application.

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Request for the appointment of a genetic expert

Model application in civil case for genetic examination (nacculosis) - a large number of applications for a variety of examinations can be found in the section "Requests for expertise".

Genetic or molecular-genetic forensic examinations are carried out in cases where it is necessary to establish the consistency of DNA in various biological objects, most commonly in cases of paternity determination or challenge of paternity and the establishment of affinity relationship.

In the course of genetic analysis, DNA samples must be taken for examination, usually by citizens who give blood to do so; it is possible to determine the origin of a child from a particular person based on the results of a study of the child ' s and father ' s blood, or other relatives ' blood.

1. Does blood belong to a particular person on the subject being studied?
2. Is the defendant the biological father of a particular child?
3. Is the defendant the mother of the child?
4. Could the plaintiff have been pregnant by a particular man?

Forensic genetics are carried out in public and private medical institutions with the necessary equipment to carry out DNA research and experts in this field.

In order to properly justify its position in the appointment of a forensic expert, we recommend that the rules for the appointment of an expert opinion in civil cases be studied in more detail, and that the Council take advantage of the rules for the preparation of a statement of claim when drafting a written application.

(name of the court) of: (FIO in its entirety, address) in civil case No.

____ (Responsor ' s FIO)

Request for the appointment of a genetic expert

The court is seized of a civil case No. ___ (the plaintiff ' s FIO) against (the respondent ' s FIO) relating to the claim (specify the nature of the claim).

In its objections, the defendant objects to the claim: I consider that the determination of the circumstances (identify the circumstances to be confirmed by expert studies) is possible by means of a forensic molecular-genetic examination.

On the basis of this statement, in accordance with article 79 of the Code of Civil Procedure of the Russian Federation,

Please:

1. To appoint forensic genetics, to allow experts to ask the question.................................................................................
2. The expert body shall be entrusted with the task of carrying out the expert review (name of expert institution).
3. The fee for the expert review shall be assigned to _ (specify who should pay for the expert review).

List of documents attached to the application (copies by number of persons involved in the case):

1. Documents supporting the grounds for the request for genetic analysis.

• Date of application "___" ______________________________________________________________________________________________________
• To download a sample application:
•   Request for the appointment of a genetic expert

How to make a request for genetic analysis

The issue of genetic analysis is most often related to the determination of paternity, especially when disputes arise between the mother and the child ' s alleged father, which leads to a forced decision to acknowledge the existence of affinity through the courts.

Very often, after a final judgement or at the trial stage, one party disagrees and may object.

Therefore, the only correct decision to resolve the situation and clarify is to apply for DNA analysis, the results of which are not only reliable but also show the accuracy of the relationship to 99.9 per cent.

Application for a motion

The most common purpose of the application for genetic analysis is to challenge paternity before a court of general jurisdiction (district).

The application relates to the opposition of one party to the decision on the recognition of the father ' s and child ' s blood relations, which may include not only the mother or father, but also other parties to the proceedings, as well as legal representatives (art. 79, para. 2, of the Code of Criminal Procedure of the Russian Federation).

The method of filing an application is no different from that of filing an initial claim. This can be done as follows:

• Personally apply through the Office;
• In court;
• Write an e-mail through the State Services portal;
• Send a registered letter of notification by mail.

If you want to challenge the court verdict on paternity, under the Civil Procedure Code, you can do so no later than 30 days from the date of the final decision; otherwise you will have to re-apply for the determination.

An application can be filed at any time while the trial is under way, but the best way to do so is to file an application if you are sure of your intentions.

It is possible to request a mandatory genetic examination even when the father or child is dead.

The biological material of the deceased ' s relatives or blood samples in the laboratory will be taken for DNA testing.

How to draft a statement

The correctness of writing a request for a genetic examination to determine paternity depends on further consideration of the application, so follow the following recommendations when making the application:

• In the right-hand corner hat, the full name of the judicial authority, its address, is written with a capital letter;
• Please provide below your data - personal information from your passport, address of residence, telephone;
• Describe your legal status in this case, whether the plaintiff or the defendant, as well as the number of the proceedings if the decision is made or the question of paternity is pending;
• In the centre, we write the title of the "Request" document;
• You write down the purpose of the request in an arbitrary manner, the purpose of which is to carry out a DNA test. Since the doubts of each side arise for different reasons, it is necessary to motivate your appeal. For example, a mother often wishes to obtain recognition of paternity for child support payments and a father for parental rights, or vice versa;
• Reference is made to the legal basis for writing the application (article 79 of the Criminal Code of the Russian Federation);
• Please describe in detail the prognosis part, which is a list of questions that you are concerned about and to which you would like to know the exact answers from the experts. Many indicate in the requesting part and the requirement to share the costs associated with DNA analysis, especially in view of its high cost. This part also includes a recommended organization where genetic analysis can be performed.
• List the annexed documents to the declaration;
• Date, signature.

With regard to the penultimate paragraph, the list of necessary documents is not only a confirmation of the complainant's personal data, but also the provision of evidence that would affect the proceedings and the final decision.

In addition to the genetic analysis itself, paternity can be confirmed or challenged by various certificates, statements, cheques, receipts, photographs, correspondence and witness statements.

Despite the results of the DNA test, other evidence must also be examined and taken into account by the judge.

What kind of documents do you want?

In addition to writing the application itself in two copies, the following documents will have to be attached:

• A copy of the passport;
• A copy of the registration or dissolution of the marriage if it has been concluded between the parents;
• A copy of the birth certificate;
• the documents that are evidence.

In addition to having copies of the documents, you must have the originals with you.

You must understand that the court does not always grant this kind of request, and it may refuse the application on the basis of its judgement in the determination.

Once refused, you cannot reapply for an appeal; you only have the opportunity to file a complaint with the Court of Appeal, stating that the judge has violated and disagreed with it.

Secretary of State

In accordance with article 333.19 of the Tax Code, the amount of any application to the court is 300 roubles if the matter does not affect the property dispute; if the application is made in order to protect the interests of the minor child, including the determination of paternity, the duty to pay for the public service shall be waived.

Model application form

In order to avoid the most common errors and deny the application, look at a sample application for genetic analysis.

Review procedure

Once the DNA application has been processed, the trial begins.

The judge must not only order a DNA examination to establish affinity, but must also listen to both parties and evaluate all the evidence presented (article 166 of the Code of Criminal Procedure).

Therefore, it is so important not only to rely on the results of the analysis, but also to prepare other substantial evidence, since the defendant may also refuse to carry out a genetic examination.

The appointment of a genetic expert is not a compulsory procedure, even within the court, but a person directly concerned with the establishment of paternity may refuse to do so.

If the father refuses to surrender the biological material for DNA testing, the court may consider the application to be an indirect recognition of paternity, especially if the mother ' s claim required the recovery of alimony from the second parent.

However, on the basis only of the results of the examination or the refusal to carry out the examination, the judge may not make a final decision; the evidence must be taken into account together.

Dispute fatherhood without DNA.

Genetic DNA testing is one of the main evidence that confirms the blood link between certain individuals.

However, as we have already said, the judge is not entitled to make a final decision without taking other evidence into account, and they are taken into account together.

But if genetic testing is not possible for a number of reasons, a positive solution can be obtained if:

• One party categorically refuses the DNA procedure or does not provide biological material for research;
• Receives notification from the judicial authority but ignores and does not appear at court hearings;
• The results of the methods derived from the blood group are not always reliable and unambiguous, but in single cases 100% of the answer is possible;
• Documentary evidence that the father did not live with the child ' s mother during the expected period of conception, testimony, correspondence, certificates, etc.

A more complete list of evidence to challenge paternity is given in article 79 of the Civil Procedure Code.

To date, genetic testing remains the strongest evidence of blood relations.

Therefore, if you are the plaintiff or defendant in the recognition of paternity case and are confident of your position, immediately apply for a DNA examination.

Given the high cost of this procedure, you may wish to state in your request that some of the costs should be reimbursed by a second party.

Model application for molecular - genetic examination (paternity determination)

Question:

There's a court to challenge paternity.

• Question: No. 2116 of 2015-08-23.

Answer:........................................................

On the substance of the question, let us say the following.

In accordance with article 79 of the Code of Criminal Procedure of the Russian Federation, an expert may be assigned to a forensic institution, to a specific expert or to a number of experts in the fields of science, technology, art, crafts and crafts.

Each of the parties and other persons involved in the case shall be entitled to submit to the court questions to be resolved in the course of the examination; the final question on which the expert ' s opinion is required shall be determined by the court; the court shall be obliged to justify the rejection of the proposed questions.

The parties, other persons involved in the case have the right to request the court to appoint an expert to a particular forensic institution or to assign it to a specific expert; to challenge the expert; to formulate questions for the expert; to examine the court ' s determination of the expert ' s appointment and the issues raised therein; to examine the expert ' s opinion; and to apply to the court for a second, additional, comprehensive or commission ' s examination.

By virtue of art.

80. In the decision on the appointment of an expert, the court shall state the name of the court; the date of the appointment of the expert and the date on which the expert ' s opinion must be drawn up and forwarded by the expert to the court which appointed the expert ' s examination; the names of the parties in the case in question; the names of the experts; the facts of which the expert ' s examination is to be confirmed or rebutted; the questions posed to the expert; the name, name and patronymic of the expert or the name of the expert institution entrusted with the conduct of the expert ' s examination; the materials and documents submitted to the expert for comparative study; the special conditions for their treatment in the study, if necessary; and the name of the party that pays the expert ' s expertise.

The court ' s ruling also states that for giving a false opinion, the expert shall be warned by the court or the head of the forensic institution, if the examination is carried out by a specialist of the institution, of the liability provided for in the Criminal Code of the Russian Federation.

Thus, you must apply to the court for an appointment in the molecular, genetic, case, and this application must be accompanied by documents confirming the expert's qualifications.

For ease of reference, a sample application for molecular analysis — genetic analysis — is provided.

For a more detailed answer to your question, we recommend that you contact Yvlev ' s reception lawyer, Sergei Sergeyevich, at: Orenburg, Street Shevchenko 20B, office 414, tel.: 8-912-343-72-22.

To download a sample of a request for a molecular - genetic examination

The information provided in the article is relevant at the time of its publication.