Establishment of paternity voluntarily - voluntary recognition of paternity at the request of the mother or father

Establishment of paternity on a voluntary basis is the fact that recognizes a man as the father of a child with the consent of the mother. There is a procedure for establishing paternity established by law, which every father who wishes to carry out the procedure must follow.

The legislative framework

According to the law, voluntary establishment of paternity is carried out in accordance with Article 48 of the Family Code of the Russian Federation. If recognition of paternity occurred after the registration of the child’s birth, two changes will have to be made to the documents.

The list of documents subject to change in this situation includes a birth certificate and a vital record. This aspect is regulated in accordance with Federal Law No. 143 “On Acts of Civil Status”. The procedure for establishing paternity and obtaining the appropriate certificate involves paying a state fee.

The amount of this payment is established in accordance with Article 333 of the Tax Code of the Russian Federation.

Establishing paternity voluntarily

Each father has the right to confirm his paternity on a voluntary basis, based on an application submitted together with the child’s mother to the registry office. As for time restrictions, the legislation does not define them for establishing paternity voluntarily.

The procedure can be carried out both at the time of state registration and after it. As for cases where a child is left without a mother, an application to the relevant authorities is submitted on behalf of the father.

If he still has a desire to establish himself as the father, he can go to court to restore justice.

Features of the procedure with an unborn child

There are cases when parents who are not legally married understand that after the birth of a child, it will be impossible for the father to establish paternity. The possibility of establishing paternity during pregnancy comes to the rescue.

One of the most common situations when parents resort to this method is when the father is serving in a hot spot. Obviously, in this situation he will not be able to be near the expectant mother either at the birth of the child or after.

In this case, additional documents are required to establish paternity:

- a medical certificate from the antenatal clinic, which indicates that the woman is registered as pregnant,

- a document serving as confirmation of the validity of the reason why the father is absent.

Determination of paternity of a child under eighteen years of age

This case is typical and, accordingly, the simplest. The father has no restrictions and can submit documents to establish paternity at any convenient time, in accordance with legal regulations.

Application to establish paternity for an adult

In this case, the father must follow the standard procedure and at the same time obtain the support and consent of the adult child. If the other person does not want to carry out this procedure on himself, the child may refuse. In case of refusal, the father does not have the right to insist on a paternity establishment procedure without the knowledge of the child.

The story of a child born out of wedlock

• When a child is born into a family in which the parents have not legalized their relationship, the procedure for establishing paternity is determined by the following steps:
• — establishment of maternity occurs directly on the basis of documents issued by the maternity hospital;
• — the fact of paternity must be established independently, based on the results of a special procedure.

As part of this procedure, parents are required to submit a general statement confirming their desire to establish paternity. Establishment of paternity after the death of the father is recognized automatically, in the same way as in a situation where the birth of a child occurred within three hundred days from the date of divorce. As for the situation when a child is born in marriage, the father is immediately recognized as such and is included in the birth certificate and registry record.

Application Form

To establish paternity on a voluntary basis, parents are required to submit a joint application to the registry office. The registry office in this case is selected in accordance with the place of residence of one of the parents.

You can submit an application at the time of registration of the child or after it. The law does not establish time limits.

In the application, parents are required to fully provide reliable information regarding the following criteria:

1. - initials are written in full - last name, first name, patronymic;
2. — passport data is copied from the original passport in strict accordance with the document;
3. — the citizenship of the parents and their nationality are indicated at will;
4. - place of residence of both mother and father;
5. — information about the child (gender, date and place of birth);
6. — in a situation where the application is submitted after the registration of the child’s birth, it becomes necessary to register the details of the birth certificate and the registration number;
7. - if the parents tied the knot after the birth of the child, it is necessary to enter the details of the marriage certificate along with the registration number;
8. - last name, first name and patronymic that the child will have after birth.

Attached documents

In addition to the application to the registry office, it is necessary to submit a number of documents confirming the correctness of the procedure.

This package includes copies of the mother’s and father’s passports, a copy of the certificate confirming the birth of the child, in the case where paternity was established voluntarily after registration of the birth, a copy of the marriage certificate, if the marriage was registered after the birth of the child, a copy of the receipt confirming payment of the state fee . The size of the latter is three hundred and fifty rubles. If paternity is established voluntarily after receiving a child registration certificate, the fee increases and amounts to six hundred and fifty rubles. In addition to the specified list of copies, when submitting documents, parents must present their originals. This is necessary so that the civil registry office employee can check the accuracy of the information specified in the application and the accuracy of the copies provided.

What does a joint statement mean?

A joint declaration of paternity is a document confirming the consent of both parents to the paternity establishment procedure. The father's signature on the application confirms that he is indeed going through this procedure of his own free will and is the father of the child.

The mother's signature is proof of her consent to the paternity procedure and confirmation that this person is the father of her child.

If one of the parents is not able to be personally present at the time of filling out the application, then he has the right to fill out his part in advance. In this case, the signature must be notarized.

You can submit this application either directly to the civil registry office or through the State Services website, where it will be processed and the parents will be called only to receive a certificate that will establish paternity.

Document confirming paternity

After the parents have submitted the application, it has been reviewed and approved, they receive a certificate. After paternity has been established, parents must receive the certificate in person. It is always issued on a state-issued form of strict accountability and has an individual number and series.

It must necessarily contain information about the person who was recognized as the father of the child, that is, his full name, date and place of birth are entered into the document, and the initials of the child that were assigned to him before paternity was established and after, the date birth and place, summary information on mother - full name.

, date and place of birth. Finally, each certificate must include the date of preparation and number in accordance with the deed record; the place where the fact of paternity was registered; and the date when the certificate was issued to the parents.

It is based on this document that further adjustments are made to the child’s birth certificate.

This is strictly prohibited by the legislation of the Russian Federation. After paternity is established, the father becomes the owner of all rights and obligations to the child in respect of whom this procedure was carried out.

The child receives all the rights that biological children have.

Source

The procedure for establishing paternity on a voluntary basis

Home Parental rights Paternity

At the moment, in 2017, there are 2 possible ways for a man to recognize parental rights. Forced (based on court requirements) or voluntary establishment of paternity. This procedure is necessary only for men outside of marriage, since when children are born in an official family, the husband is automatically recognized as the father. Recognition is established upon the application of both parents and is regulated in Russia:

1. Relevant articles of the Family Code of the Russian Federation.
2. Law of the Russian Federation “On acts of civil status”.

This issue is dealt with by employees at the civil registry office (registry office).

Reasons for the procedure

To initiate the establishment of paternity, a citizen must voluntarily submit an application through the registry office, which is signed by each parent. A sample of this document can be found on the website of this institution, or you can ask the employees. The man’s signature indicates that he recognizes himself as a father, takes on the corresponding responsibilities and will participate in the future life and upbringing of his son or daughter. The mother's signature confirms that this man is the child's father. According to the law, someone who has not reached the age of majority can also voluntarily acknowledge paternity.

It should be noted that the man who filed the application is thereby subject to legal consequences and will not be able to withdraw it and refuse recognition in the future. The recognition procedure can be carried out during any period after the birth of the child, up to his or her majority, after which it changes.

Establishment of paternity voluntarily can be carried out under the following conditions:

1. A necessary condition is the man's legal capacity. The application submitted by his guardian is not legally legitimate.
2. A man cannot claim to be recognized as a father if the name of another person is already included in the birth document of his son or daughter. To do this, you must first challenge the paternity of this man through the court. If he admits that the person to whom the child is registered is not his real parent, then paternity can be established.
3. In the case of an adult citizen, his consent is required. If he is incapacitated, his guardian gives permission.

What is necessary for the recognition procedure?

It is done as follows: parents must go to the registry office at the place of registration or residence (if the addresses are different) and present the following necessary documents:

1. Passport.
2. Joint statement.
3. A birth certificate, if some time has passed between the registration of the newborn in the maternity hospital and the procedure for establishing the rights of the parent.
4. Certificate from the maternity hospital, if the recognition procedure occurs simultaneously with the registration of the newborn.
5. State duty payment receipt.

Rights are established upon the application of the parents. If for some good reason this does not happen, for example, due to illness or long-term departure of one of the parents, then two separate applications are allowed. Parents must submit documents themselves. If this is not possible, then it is necessary to notarize the powers of the person who will transfer them. If this procedure occurs simultaneously during the registration of the baby, then the couple is given documents in which the father’s data is entered. If some time has passed between registration and the recognition procedure, a new package of documents for the child is issued.

Family law also takes into account the possibility of preliminary establishment of parental rights before the birth of the child. This is possible in a situation where, for some good reason, the father is not able to submit an application after the birth of the baby. For example, if he goes on a long business trip. In this case, the following documents will be required:

1. Factual confirmation of the circumstances that prevent the parent from personally submitting the application.
2. Certificate of mother's pregnancy.
3. Joint or separate statement of father and mother.
4. Application for voluntary establishment of paternity rights.

It contains the following information:

1. Last name, first name and patronymic of parents, their passport details.
2. Citizenship and nationality.
3. Actual registration.

In information about the child:

1. FULL NAME.
2. Place and date of birth.
3. Floor.
4. Birth certificate number, if you already have one.

Last name, first name and patronymic name that the child should receive after registration. Additionally, you must submit the following documents:

1. Scans of passports of both parents.
2. A copy of the child's birth certificate, if available.
3. A copy of the marriage registration certificate, if the parents are registered.
4. A copy of the state duty payment receipt.

Unilateral recognition

According to the rules, voluntary recognition can only be carried out with the consent of the mother, however, in a number of cases an exception is allowed:

1. Death of mother.
2. Recognition of incapacity.
3. Confession of a missing mother.
4. Upon termination of parental rights.

In these situations, to recognize paternity it is necessary:

1. Parent's statement.
2. Certificate of the basis for the unilateral application (copy of the court decision).
3. Certificate from the Ministry of Internal Affairs from the woman’s last place of residence.
4. Certificate from the guardianship and trusteeship authorities on deprivation of maternal rights.

Procedure for determining relationship after the death of the father

If the father has died, then the relationship must be established through the court. In this case, the process can proceed as follows:

There is factual evidence that during life the deceased recognized a relationship with the child. In this case, there will be no problem determining kinship. During life, the deceased did not recognize the child or there is no evidence of this.

Then indirect evidence will be needed: confessions of witnesses, representatives of authorities, documents and photographs.

If the court recognizes that the deceased is his parent, the child receives all available rights to social assistance, inheritance and pension.

Sample application for establishing paternity voluntarily through the registry office.doc

Sample application for establishing paternity voluntarily through the registry office.pdf

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

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Options for establishing paternity: voluntary and forced

The question of establishing paternity most often arises when a child is born to a couple that is not in a registered relationship. In this case, when registering a newborn baby, difficulties may arise in establishing paternity.

Paternity is the fact that a child is descended from a specific man. The father is the biological parent of the child. Legal confirmation of paternity is the recording of information about the father on the child’s birth certificate.

Establishing paternity in a legal marriage

Most often, the child's natural father is the legal spouse of the child's mother. In this case, there can be no problems when registering the child: the father is the spouse with whom the mother is officially married. Provided that he does not deny the fact of paternity.

The child of legal spouses is registered with the civil registry office as follows: either parent can obtain a birth certificate. To register a newborn you will need:

• Application in the prescribed form;
• Applicant's passport;
• A copy of the marriage certificate;
• Certificate issued by a medical institution about childbirth.

Spouses can jointly register a child at the registry office by submitting an application on behalf of both.

Establishing paternity in a civil marriage

Situations in life can be very diverse, and the baby’s parents do not always register their relationship with the registry office. Then the process of establishing paternity is more complicated.

There are two options: establishing paternity in the registry office or recognizing the fact of paternity through the court.

Voluntary procedure for acknowledging paternity

In this case, when registering a baby, the man and woman submit a joint application for birth registration.

You will need the following documents:

1. Joint statement of a man and a woman - the parents of the baby;
2. Passports;
3. Certificate issued by a medical institution about childbirth.

By submitting an application, the man thereby voluntarily acknowledges paternity. Registration must take place in the presence of both persons. Without the presence of a man, registry office employees do not have the right to enter information about him as a father, unless there is his consent. If the man has not filed an application or denies the fact of paternity, the woman will have to seek recognition of paternity in court.

Recognition of paternity in court

The judicial procedure involves filing a statement of claim to establish the fact of paternity. The need to go to court is caused by the protection of the rights and interests of a minor.

Judicial consideration of cases can be carried out through special and action proceedings.

The case is considered as a special procedure if the child's father has died. Establishing paternity after the death of a person is required to protect the property and inheritance rights of the child: receiving payments, inclusion in the queue of heirs, etc.

The father himself can also file a claim if he wants to establish a relationship with a child whose mother has died, been deprived of parental rights, is incompetent or has been absent for a long time.

As evidence of the relationship between the man and the child, the mother can present the following evidence:

•  joint photos, videos, from which it is possible to establish the couple’s family relationships;
• documents for the purchase of goods, household items, real estate or movable property.
•  witness testimony (several persons will have to be found who can confirm the couple’s marital relationship).

Thus, the court will initially establish that the persons live as one family, and then the fact of the birth of a common child.

DNA examination

Genetic testing is the most reliable method of determining the biological relationship between a child and a parent. A person can voluntarily undergo an examination if desired. This study may also be ordered by court decision.

Genetic testing to establish paternity can be carried out more than once. If the second time the answer is also positive, we can say with a 100% guarantee that the child and father are genetically related.

The result of the analysis will be decisive evidence for the court.

Good to know: A DNA test is an expensive procedure. Its cost ranges from 10,000 rubles and above. However, all this can be attributed to legal costs, which will subsequently fall on the “losing” party in the legal dispute.

Documents for filing a claim

To file a claim in court, you must collect the following package of documents:

• A copy of the plaintiff's passport;
• A copy of the child's birth certificate;
• Certificate from the place of residence of the mother and child;
• Application for genetic testing;
• Materials confirming the cohabitation of mother and father;
• Other documents indicating that the defendant is the father;
• Receipt for payment of state duty.

Upon filing a claim, a state fee for establishing paternity must be paid. The cost of the state duty is 300 rubles.

A copy of the statement of claim is sent to the defendant, so this document must immediately be prepared in 2 copies.

How to collect child support from your father?

In practice, acknowledgment of paternity is usually necessary to collect alimony for minor children. If it is established that a man is related to a child, he will have to bear responsibilities not only for his upbringing, but also for his financial support.

The severance of family relations with the child’s mother does not relieve him of his obligations to the children. The mother can file a lawsuit to collect child support payments if the father does not pay them voluntarily.

What to do after the court's decision?

You must contact the registry office at your place of residence, providing the following documents:

• Passport;
• Application for registration;
• A copy of the court decision.

• The registry office issues a new birth certificate, where data about him will appear in the “father” column.
• From the moment the court decision enters into legal force, the father acquires parental rights and responsibilities.
• Adverse consequences when establishing paternity can only occur if the child’s father turns out to be an dishonest person.

There are often cases when the father does not give permission to the mother to take the child outside the state (for vacation, education, treatment, etc.), which can significantly violate the rights of a minor.

In addition, in the future the father may demand alimony for his maintenance in the event of incapacity for work. These nuances should also be taken into account before turning to the courts and other authorities.

Recognition of paternity plays a big role in the life of both the child and his parent. When establishing a family relationship, it is important to understand what legal consequences occur for all participants in these legal relations.

Features of the procedure for voluntary establishment of paternity

Voluntary establishment of paternity as a legal category is a legally significant action of the father of a child who is not in a formal marriage with his mother, which entails the emergence of legal relations between a minor citizen and his father.

If the father and mother of a newborn are in a registered marriage at the time of birth, paternity is established automatically. If a child is born to a woman who has not registered her family relationship with the child’s father, paternity is established either voluntarily or by court.

When voluntarily establishing (recognizing) paternity, the child’s parents must jointly submit a corresponding application to the registry office. By signing such a statement, the man (the child’s father) makes an expression of will aimed at agreeing to recognize the child as his son or daughter, that is, born from him.

The mother of the child, by signing a joint statement with the man for the registry office, thus consents to the recognition of this man as the father of her child.

Since acknowledgment of paternity is considered an important legal act that entails quite serious legal consequences, certain requirements must be met in order to accomplish it. Thus, a father who expresses his desire to recognize a child must have the appropriate level of consciousness and will for this, that is, be capable.

Consequently, citizens declared incompetent by a court as a result of mental disorders cannot voluntarily establish their paternity. The law does not allow the establishment of paternity at the request of the guardian of an incapacitated father, since the establishment of paternity is a voluntary expression of will that is personal in nature.

As for the judicial restriction of a citizen’s legal capacity, it primarily affects the area of ​​his property rights, and therefore such a restriction does not apply to the rights of a person in the area of ​​personal non-property relations, including the area of ​​family legal relations.

The procedure and features of the procedure for establishing paternity voluntarily

The joint written expression of will of the father and mother of a minor who did not register their marriage at the time of the child’s birth is drawn up in the form of an application, which must be registered by the civil registry office.

To submit an application, the child’s parents choose a civil registry office located either at the place of residence of any of the applicant parents or at the place where the child’s birth was registered.

It is possible that the child’s parents, who wish to officially establish paternity, for some reason cannot submit the appropriate application to the registry office jointly.

Then the expression of will is formalized in two separate statements with a request to establish paternity.

In this case, the signature of the parent who was unable to be present in person when submitting the application is certified by a notary .

Voluntary recognition of paternity is not limited to certain periods. The child’s parents can submit a corresponding application both simultaneously with the state registration of the baby’s birth, and later, after such registration has been carried out. In the joint application of the mother and father of the child for recognition of paternity, the applicants must indicate the following information:

The procedure for establishing paternity on a voluntary basis

When an unmarried woman has a child, paternity can be established voluntarily by submitting a corresponding joint application from the father and mother to the territorial registry office.

In the legal sphere, voluntary establishment of paternity is understood as a legal act by the father of a recognized child, performed if the father is not married to the mother of this child. Such establishment of paternity is necessary, first of all, for the emergence of legal relations between the father and the recognized child.

Voluntary recognition of paternity requires the presence of two conditions:

• the child’s father must express his will aimed at recognizing a minor (and sometimes an adult) child as born from him, that is, recognizing this child as his son or daughter;
• The mother of the child must agree to recognition of paternity by the man who made the appropriate expression of will to recognize the child.

Conditions and legal aspects of establishing paternity

Recognition of paternity, entailing legal consequences, is permitted subject to certain conditions. In addition, a father who wants to recognize a child as his own must take into account all the legal nuances and consequences of such an expression of will. Therefore, the following points need to be taken into account:

• establishment of paternity is associated with the presence of a certain level of consciousness and will in the potential father performing a legal act. Accordingly, a citizen declared incompetent by a court due to mental illness will not be able to officially recognize his paternity. Such a legislative prohibition on the expression of will on the part of incompetent citizens wishing to recognize paternity does not apply to minor fathers and men limited in their legal capacity by the court regarding certain property rights;
• According to the Russian Family Code, a man’s voluntary recognition of paternity is a unilateral, irrevocable legal act. The declaration of will to recognize paternity becomes irrevocable from the moment the civil registry office makes the appropriate entry. In the future, such a record of the paternity of a citizen can be challenged by the registered father only in court;
• if the father of an adult citizen wishes to voluntarily acknowledge paternity, this is possible only with the consent of the adult child himself;
• the period for applying to the registry office for registration of recognition of paternity is not limited by law;
• The state registration of recognition of paternity can only be challenged in the courts. Consequently, if paternity has already been established in relation to a particular child and registered accordingly, any other citizen who considers himself the father of this child does not have the right to recognize paternity by voluntarily applying to the registry office;
• a man who has expressed his consent in writing to recognition of paternity of children whose biological father he is not, has no right to further challenge his paternity. The exception is when the man did not know that he was not the biological parent. In addition, he can challenge established paternity if he can prove in court that voluntary consent to the relevant procedure was given by him against his will (as a result of mental or physical coercion).

The procedure for voluntary recognition of paternity

• Voluntary recognition of paternity by a man is permitted:
• 1) immediately after the birth of a newborn by submitting to the territorial registry office a joint application from the applicant for paternity and the mother of the baby, who were not married when the newborn was born (paternity is registered simultaneously with the birth of the baby);
• 2) by submitting an appropriate joint application from the father, acknowledging the fact of paternity, and the mother of the child, who did not formalize the marriage between themselves, if in the previously issued child’s birth certificate, the father’s data was recorded by the registry office employees according to the mother, or a dash was placed in the special column “father”. If such a joint declaration of paternity is available, it does not matter whether the applicant parents (or one parent) are married to a third party or not;
• 3) at the request of one father of the child, who has previously received consent from the guardianship and trusteeship authorities (if there is no consent from the guardianship authorities, by court decision). This option, when paternity is established in the registry office without the consent of the mother, is possible only in four cases directly outlined in the law:

• upon the death of the mother at the time of establishing paternity;
• if the child’s mother is declared incompetent;
• if it is impossible to establish the whereabouts of the mother;
• if the child’s mother is deprived of parental rights by the time paternity is recognized.

Required documents

If they wish to voluntarily establish paternity, applicants (mother and father) must submit the following documents to the territorial registry office:

• a joint statement from both applicant parents to establish paternity, drawn up on a special form in writing. It is worth considering that this application must be signed only personally by the child’s parents. In these legal relations, representation is not permitted by law. When one of the child’s parents cannot, due to objective circumstances, personally submit the required joint application, it is possible to formalize the will of the parents separately - with separate statements from the father and mother declaring the need to recognize paternity. In addition, the signature of a parent who is not personally present when submitting the required application must be notarized;
• ID cards of the applicant parents;
• a payment document confirming payment by applicants of the state fee for establishing paternity;
• children's birth certificate (when applicants apply to the registry office after the procedure for state registration of the baby's birth has been carried out);
• a birth certificate for the newly born baby from the maternity hospital (if paternity is expected to be established in conjunction with the registration of the child’s birth).

As already mentioned, recognition of paternity is possible both after registering the birth of a baby, and simultaneously with such registration.

In addition, the Russian Family Code allows for the possibility of preliminary submission to the territorial registry office of a joint application by future unmarried parents of a newborn while the woman is pregnant. To submit such a preliminary application the following is required:

• the presence of circumstances for the future parents that give them specific reasons to assume that applying to the registry office with the appropriate expression of will to recognize paternity after the birth of the newborn may turn out to be impossible or difficult (for example, such circumstances are considered to be a serious illness of one parent, a long business trip or expedition ahead of the future parent , moving to another country);
• confirmation by applicants of the fact of pregnancy of the expectant mother with an appropriate medical certificate.

Such a joint application, submitted by the future parents to the registry office before the birth of the baby, confirms the will of the potential father to recognize the newborn as his child. In addition, the application indicates the consent of the applicants to assign the future baby the surname of the father or mother, as well as the chosen name.

Such preliminary statements are registered by the Civil Registry Office employees in the journal of accepted applications and are stored on a general basis.

However, the implementation of the accepted application occurs after the birth of the newborn. Until this point, parent applicants can withdraw their application without legal consequences.

1. When the application is submitted by future parents before the birth of the child;
2. When the place of state registration of the fact of the birth of the baby and the fact of recognition of paternity do not coincide, and the child’s birth certificate already contains certain information about the father. In this situation, additional time may be required to complete and send a request for the need to send a copy of the existing birth record. Such a request is made to clarify the grounds for including the father’s data in the certificate. Of course, if such information about the father was entered into the certificate at the request of the mother of the newborn, there will be no problems with further registration of recognition of paternity. If the child already has an established father, further registration of voluntary paternity by another man is impossible.

Registration of the establishment of paternity involves the preparation by the Civil Registry Office employees of the corresponding record of the act of established paternity. A certificate confirming the fact of recognized paternity may be issued, at the request of the applicant parents, to each individual.

Based on the record of the act of acknowledgment of paternity, the registry office employees on the same day enter the father’s data with related changes into the previously made record of the baby’s birth certificate and, accordingly, issue a new (changed) birth certificate. The birth certificate previously received by the mother is subject to cancellation.

Establishment of paternity voluntarily and in court. Acknowledgment and renunciation of paternity

Family Code of Russia in paragraph 2 of Art. 48 defines the father of the child as a man who was married to the woman who gave birth, as well as an ex-spouse, if the ex-wife gave birth no later than 300 days after the divorce. This norm establishes the presumption of paternity in family law.

But dynamically developing civil relations have made their own adjustments: when a child is born out of a legal marriage, in that marriage, but from another man, such legal institutions as establishing paternity, recognizing paternity, challenging paternity are provided to restore the truth. Let's take a closer look at each of them.

Establishment of paternity can occur voluntarily and judicially.

 ○ Establishment of paternity voluntarily

Establishment of paternity in the registry office is the establishment of this fact on a voluntary basis. This is a legal act of a man - a father who is not registered with a woman - the mother of a child, aimed at creating family legal relations between him and the latter - clause 3 of Art. 48 RF IC.

Cannot claim paternity:

• Incompetent person.
• Guardian of an incapacitated person, since establishing paternity is a personal legal act.

Establishment of paternity by a minor parent or a parent with limited legal capacity is permitted (I wrote in more detail about guardianship and guardianship in this article).

Procedure and documents

Paternity can be established by:

• A joint application by the child’s parents submitted to the registry office.
• A man’s statement in the event of deprivation of the child’s mother of parental rights, recognition of her as legally incompetent, unknown absence, or death.

Establishing paternity is possible:

• Under the state registering the birth of a child.
• After registering the child.
• Before his birth, in the presence of serious circumstances.

The application includes the details of both parents, the child, as well as the latter’s future surname. The joint statement of the parents also notes her consent to this legal act.

The following must be submitted along with the application:

• Identification document of the child (certificate), if the identification occurs after state registration of birth.
• A document confirming the death of the mother, a court decision to recognize her as missing (incompetent, partially competent) in the event that the child’s father submits an individual application.
• Honey. a certificate of pregnancy, as well as a document indicating a valid reason why the parents cannot submit such an application in the future, if such an act is declared by the parents before the birth of the child.

This procedure does not provide for any examinations for biological paternity, therefore any man can establish paternity in relation to any child with the consent of the mother and there is no entry about the father in the child’s birth certificate.

You can become the father of an adult (age 18+) only with his consent, or the consent of his guardian, if he is declared incompetent - clause 4 of Art. 48 RF IC.

 ○ Establishment of paternity in court

In addition to the voluntary procedure, there is also a judicial procedure for establishing this fact (Article 49 of the RF IC):

• If the mother refuses to establish a legal fact.
• If the father does not recognize himself as such in relation to a particular child.

The claim can be filed either by the child’s mother or father, or by his guardian, as well as by the person raising the child.

The court has the right to accept any evidence confirming the fact of paternity.

Procedure and documents

The claim is filed in court at the place of residence of the defendant, or the plaintiff, if she so desires.

The claim is accompanied by the child’s birth certificate, as well as evidence of paternity referred to by the plaintiff, or a petition to order a DNA paternity test.

Judicial practice shows that if the father or mother evades DNA testing, Part 3 of Art. 79 of the Code of Civil Procedure - that is, the fact of paternity is recognized without an examination (or is not recognized if the plaintiff does not agree to the examination).

After paternity is established, alimony may be collected.

 ○ Disputing paternity

If the birth certificate contains a man who doubts his paternity in relation to a particular child, or a third-party man claims paternity of a child who already has a legal father, then in this case it is necessary to file a lawsuit to challenge paternity (or refute paternity ) – Art. 52 IC RF.

The plaintiff may be:

• The father recorded in the child's birth documents.
• The child's blood father.
• An adult child.
• Guardian of the child.
• Guardian of an incapacitated parent.

Prohibition on challenging paternity

A person who knows when registering a child in the registry office that he is not his father by blood is deprived of the right to file such a claim - clause 2 of Art. 52 IC RF. The husband who has given consent to IVF is deprived of the same right - clause 3 of Art. 52 IC RF.

 ○ Denial of paternity

Denial of paternity does not exist in Russia! Severing the legal connection between a parent and a child is possible only through:

• Challenging paternity.
• Deprivation of paternal rights.

Any agreement to renounce paternity has no legal force and carries no legal consequences.

 ○ Recognition of paternity

Recognition of paternity is often equated with establishing paternity, but this is not entirely true.

Recognition of paternity, as a legal fact, is established in court in relation to a deceased man who, before his death, recognized himself as the parent of a particular child - Art. 50 IC RF.

Recognition of paternity takes place in a special procedure and is regulated by Art. Art. 264-268, as well as paragraph 4 of Art. 262 Code of Civil Procedure of the Russian Federation.

The procedure for recognizing paternity.

The applicant applies to “his” district court with an application to establish this legal fact. Most often, this has to be done in order to include an illegitimate child among the heirs.

The application indicates all interested parties, for example, other heirs, or if there are none, then the state, represented by the Federal Tax Service, or the social security authority.

After establishing the fact, the mother can contact the registry office to make adjustments to the child’s documents, referring to Art. 58.59 RF IC.

Published by: Alisa Anikeeva, specialist at TopYurist.RU

The procedure for establishing (recognizing) paternity on a voluntary basis

Establishing paternity voluntarily is the fact that a man recognizes his paternity in relation to a child and the mother’s consent to this action. How and where it is possible to establish paternity voluntarily, you will learn from our article.

Voluntary establishment of paternity means a legal action that creates mutual rights and obligations between the father and the child. To carry out voluntary recognition of paternity, the father of the child must be legally competent. If the court has declared a citizen incompetent as a result of his mental disorder, the citizen has no opportunity to be held accountable for his actions. Since recognition of paternity is a voluntary act of will, accordingly, in this case it is not possible to perform it. But if we are talking about the fact that a citizen’s legal capacity is partially limited by the court, then this, as a rule, concerns the scope of his property rights, without affecting family legal relations. In this case, the citizen has the right to voluntarily recognize his paternity. If there is no legal capacity due to age (under 16 years of age), then guardians can raise the child together with the parents.

Establishment of paternity in the registry office is carried out:

1. the child's parents;
2. when the mother applies (“300 days rule”);
3. upon application by the father and mother of the child who are not in a registered marital relationship;
4. the child's father alone in cases provided for by law.

200 rubles is the amount of the state fee for registering paternity. No other payments are required. You can apply for paternity registration at the registry office, which is located in the territory where the mother/father lives or at the one where the child received a birth certificate. After the birth of a child, taking with them a certificate of birth, a marriage document, passports and a receipt for payment of state fees, the new parents go to the registry office and, having submitted a joint application, register the fact of the birth of the baby. In this case, the rule applies regarding the presumption of paternity of a citizen who is in a registered marriage with the child’s mother. Various situations can happen in life. The baby's parents have the right to divorce before the child is born, or his father dies as a result of a serious illness or accident. What then should a mother do?

The Family and Civil Codes of the Russian Federation provide for the so-called “300-day rule”. It is as follows: if a baby is born within 300 days after the divorce or death of the mother’s spouse, the latter is recognized as the father of the child.

Parents who have not formalized their relationship also have the right to file an application to establish paternity. This procedure is considered voluntary.

Moreover, the legislator provides for all possible developments, namely:

1. the application can be submitted before the birth of the baby is registered;
2. after registration;
3. during the mother's pregnancy, if the parties have reason to believe that this will not be possible later.

If for some reason one of the parents cannot be present when submitting the application, the legislator has provided the option for the other parent to submit it alone. But the signature of a citizen who cannot be present must be certified by a notary or in another way that is equivalent to a notary (for example, the signature of the head of a correctional institution, etc.).

The legislator has provided for several situations that allow the father of a child, who was not in a registered marriage with his mother, to apply for paternity establishment alone, but with the obligatory presence of permission from the guardianship authorities:

1. death of mother;
2. deprivation of her parental rights;
3. if the woman’s whereabouts are unknown;
4. if she lacks legal capacity.

However, together with the application, the father’s passport, the child’s birth certificate (if there is one) and a receipt for payment of the state fee, the father must provide the registry office with documents that confirm one of the above facts. It should be noted once again that the permission of the guardianship authority is mandatory in this case. If for some reason it is not given, then the fact of paternity will be established in court. The legislator provides for a case when civil registry office employees have the right to refuse to issue an applicant a certificate of paternity.

The birth book contains information about the baby's father. Moreover, this information was confirmed. For example, a statement from the father or a court decision. In this case, replacing one dad with another can only be done through the courts.

A citizen can recognize himself as the father of a child after any amount of time.
In practice, there are cases when a father can find out about the presence of an offspring, for example, after the death of his mother; and by this age the child will already be 18 years old. But in this case there is a small nuance. If the child is already 18 years old, then the father must obtain his consent to establish paternity. But if the child is incapacitated, then his guardian has the right to give this permission.

At the same time, the legislator reserves the right of the child to refuse to express consent to paternity from a specific person, despite the fact that there may be facts indicating paternity. Such a refusal is acceptable without explaining the reasons or performing any additional actions.

If the baby was not born on the territory of the Russian Federation, paternity can be established by submitting an application to the consular office of the Russian Federation. The following must be attached along with the application:
 

1. child’s birth document (if any);
2. parents' identification document;
3. if the child has reached 18 years of age, then his written consent.

Please note that all documents are issued on behalf of the child’s country of residence; therefore, legalization is necessary for their further use in the Russian Federation.

Thus, voluntary establishment of paternity is possible both by the common will of the parents and by the application of one father. Taking into account compliance with all legal requirements, on the day of filing the application, parents receive a certificate of paternity. To carry out this registration procedure, you must pay a state fee of 200 rubles.