How to prove paternity outside of marriage if the father is against it - recognition of paternity through the court

Free relations between the sexes in modern society often lead to children being born outside the family, to unmarried mothers.

To indicate the second parent (father) in birth documents, the procedure for recognizing paternity outside of marriage is applicable.

The Family Code provides for the procedure for this legal action in the case of voluntary consent or when the fact of a family relationship is disputed.

Peculiarities of recognizing paternity outside of marriage

There are several options for action, as a result of which a newborn’s father appears in his documents. For each of them there is a specific mechanism:

• Automatic recognition is made if the parents chose to register the marital relationship. In this case, the documents of the father and mother and marriage documents are submitted to the registry office, the data from which is transferred to the child’s birth certificate.
• Automatic, time-limited establishment of paternity is possible if the parents are divorced or the child's father is dead. The ex-husband is recognized as the father if the marital relationship existed 300 days before the birth, and divorce or death occurred within these three hundred days.
• Mutual voluntary recognition of paternity without registering a marriage is possible by submitting to the registry office an application from both parties (mother and father) stating that the man agrees to recognize himself as the father, and the woman does not object to this. The document is submitted jointly, and if the father cannot be present, then his signature must be certified by a notary or a person vested with such functions (the head of a military unit, prison, ship commander). It is also possible to submit an application during pregnancy if the father will be absent at the time of birth.
• Unilateral recognition of paternity outside of marriage can be voluntarily initiated by the father if the mother is unable to do this for a number of reasons (died, incapacitated, missing or in hiding, deprived of parental rights).
• Forced recognition at the initiative of one of the parties, if the other parent is “against”, is carried out through the court.

Much more often, claims are filed by mothers who want to involve the child’s father in his maintenance. In this case, the claim indicates demands for alimony.

In rare cases, the father insists on his rights, while the mother does not want this for some reason, for example, she is married to another man, prefers to enjoy the benefits of a single mother, and so on.

What you need to pay attention to

Due to changes regularly made to legislation, today there are several effective ways to establish paternity if the marriage is not registered.

Each of them covers a specific time period. Currently, various procedures are used, valid for those born before March 1, 1996 and after this date.

Important! An application to recognize a person as a father is possible at any age. In this case, there is no statute of limitations.

How to prove paternity outside of marriage: if the father or mother is against

Last modified: June 2023

How to prove paternity outside of marriage? According to statistics, the majority of men whose children are born out of wedlock try in every possible way to avoid responsibility, avoiding obligations to support their children.

But there are situations when the father is not aware of illegitimate children or the corresponding entries in the “Paternity” column were not made for one reason or another.

According to the Russian regulatory legal framework, this can be done in several legal ways - contact the court, the state civil registration authority, where you can write a mutual statement recognizing the paternity of the child’s father, register civil relations by entering into a legal marriage, as well as voluntary recognition of paternity , if the mother for some reason is not able to do this on her own (deprivation of parental rights, recognition of her as incompetent, in the event of her death, etc.).

Who has the right to file an application or claim?

According to Article 48 of the Family Code, the following persons can apply for recognition of paternity:

• legal representatives/parents of the child, if they jointly wish, on a voluntary basis;
• biological mother or father;
• the adult child himself;
• guardianship authority.

You can challenge the fact of paternity at any stage of a child’s life. Depending on who wants to establish this fact, the further actions of the interested party will depend.

Voluntary confession

The most accessible way to recognize paternity is the mutual consent of the parents, which allows you to make an entry in the “Paternity” column on the birth certificate without unnecessary paperwork.

Such an application can be submitted to the civil registration authority at the place of registration of one of the parents, but it is better to file it in the authority that issued the birth certificate of an illegitimate child.

Establishing paternity in the general manner at the birth of an illegitimate child is regulated in Article 48, and in other cases 49, 50 of the Family Code, as well as Chapter VI Federal Law-143 “On acts of civil...”. In order for the case and application to be considered, the parties need to collect an additional package of documents and pay a state fee of 350 rubles. (Internal Revenue Code Section 333.26).

To consider the application, parents must submit the following documents:

• identification documents of the applicants or one of the applicants;
• a statement signed by both parties or one of them;
• a document confirming payment of the state fee;
• a certificate confirming the woman’s pregnancy or a birth certificate if the child has already been born;
• when the child reaches the age of majority, his official consent is provided;
• notarized consent of one of the parties, if she is not against it, but cannot be personally present when establishing paternity;
• consent of the guardian/trustee (if available);
• a document confirming that the mother does not have the right to vote (deprivation of parental rights, recognition of incapacity, etc.).

• Each case is considered on an individual basis, so the package of documents attached to the application may vary.
• You may be interested in: how to leave a child with his father during a divorce.

Through the courts

1. The entire procedure for registering the establishment of paternity by decision of a judicial authority is regulated by Article 54 of the Federal Law-143 “On Acts ...”.
2. In accordance with this article, legal proceedings are initiated when the following circumstances arise:

• one of the parties is against the accomplishment of this fact, regardless of who the plaintiff is;
• the mother has entered into a new legal marriage, and the biological father wants to take responsibility for the maintenance and upbringing of the minor;
• the official father challenging the fact of biological paternity.

• In addition to the claims (claim), the plaintiff must attach the following documents:

• identification;
• birth certificate;
• document confirming payment of the duty.

1. The main circumstance for a judicial authority to make a positive decision in establishing paternity is a solid evidence base, namely:
2. The more compelling the evidence, the greater the chance of recognition of biological paternity.

Important! If the father or mother is against the DNA test or the father denies in every possible way a relationship with the minor, then the judicial authority may regard this as a fact of recognition of paternity (Article 79 of the Code of Civil Procedure).

After five days, the court schedules the first hearing in the case, where it hears the evidence, objections of the parties, requests to postpone the hearing, etc. If there is no compromise between the parties or there is insufficient evidence, the judicial authority may order a control DNA test. If a positive decision is made, the parties with the received court order are required to visit the registry office, where they will re-register the child’s documents.

If the father is hiding

• In the case where the father is against or is hiding and does not want to establish the fact of paternity, all actions of the mother will be aimed at establishing paternity by filing a statement of claim.
• As you can see, the fastest and most accessible way to establish paternity is for both parties to sign a consent to this at the state civil registration authority and enter the father’s full name in the “Paternity” column.
• Read: when is paternity denial possible?

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Options for recognizing paternity outside of marriage

Today, many fathers shirk their responsibilities to the child and do not want to acknowledge their paternity, and some are simply not aware that they had a child out of wedlock or that the corresponding record about the father was not made at the birth of the child for various reasons.

When the situation becomes clear for the father, or the mother wants to forcefully bring him to justice, the question arises, in what ways can paternity be proven if the parents were not married? According to the Legislative Framework of the Russian Federation, this can be done in two ways - through the court or through the registry office. Each method has its own nuances and rules regulated by law. We need to figure out who can apply for recognition of paternity through the court and what is the likelihood that a man will be recognized as the father of a child if he was not married to his mother.

Who can apply

A child born in marriage is automatically assigned paternity to the man who is in an official relationship with the mother, regardless of whether he is his biological father or not.

But what to do if the child was born out of wedlock and the column with the father’s name on the birth certificate is empty? Who has the right to claim paternity? Article 48 of the Family Code is responsible for regulating this issue.

So, the following persons can apply to establish paternity:

• parents of the child jointly if they wish voluntarily;
• mother of the child;
• biological father;
• the child himself, provided that he has reached the age of majority;
• guardianship and trusteeship authorities;
• guardian.

Paternity can be challenged at any time in a child’s life. Depending on who wants to establish paternity - the mother, the father or their mutual desire, the issue will be resolved differently, through different authorities - the registry office or the court.

Each of these methods requires submitting the necessary documents and paying a state fee for the provision of the service. The same rule applies to the timing of consideration of the application.

Now in more detail how this procedure goes through the registry office and through the court.

To answer this question more fully, you can refer to the provisions of Federal Law No. 148 “On Acts of Civil Status”.

Voluntary establishment of paternity

The easiest way to record the father on the child’s birth certificate, and thereby give him paternal rights, is the voluntary consent of both parents. With mutual agreement, this issue is resolved through the civil registration authorities, that is, through the registry office.

The biological father and mother must write a statement where each person signs their consent to acknowledge paternity.

The application can be submitted to the registry office at the place of residence of one of the parents, but it is best to do this where the child’s birth certificate was issued, provided that it has been received.

This can be done at any time, regardless of the child’s age and, in some cases, even when he has not yet been born. On a voluntary basis, father and mother have the right to submit an application to establish paternity:

• during a woman’s pregnancy, if after childbirth the man does not have this opportunity;
• after childbirth, at the time when it is necessary to contact the registry office to obtain a birth certificate;
• after issuing a birth certificate, if the column with the father is empty and the mother is single;
• after the child reaches adulthood, but only with his personal consent.

In addition to mutual signing of the application and the presence of parents to establish paternity through the registry office, this can also be done unilaterally under the following conditions:

• if the application is written by only one parent - father or mother, but with the consent of the second. However, this fact must be confirmed by documentation - a notarial agreement;
• if the application is submitted on behalf of the father without the consent of the mother, provided that she is deprived of parental rights, is under arrest, is wanted, is considered missing, incompetent or dead.

[adsp-pro-1] If the last point is met, then the father will also need an agreement from the guardianship authorities to establish paternity. In the application, the man must write a confession that he wants to become the father of an illegitimate child.

If the above conditions are met, then the registry office employee accepts the application and considers it within 30 days. The application must include the child’s new details – his last and middle name.

Also, the new document will display the father’s data, so personal information when filling out the application form must also be indicated - full name, date, citizenship, place of birth. Together with the certificate, new data is entered into the Unified Register Book.

If there are no complaints, then in a month you will be able to pick up a new birth certificate for the child. The period for receiving the document can be extended to 3 months if you apply not at the place of registration of his birth, but at the registry office of another city or district, at the place of residence.

This is due to the fact that the official father recognizes the child, fulfills all duties related to his upbringing and maintenance, and does not infringe on the interests of the child.

In this case, the biological father, who wants to prove his paternity of this child, has only one option - to go to court.

How to recognize paternity through the registry office

The general procedure for establishing paternity when the parents are not married is fixed in Articles 48, 49, 50 of the Family Code of the Russian Federation. What is required of you?

Required documents

In order for your application to establish paternity to be accepted for consideration, you must submit a package of documents along with it, otherwise, or if there are any shortages, you will be denied. So, the list of documents includes:

• passports of both parties or one parent, depending on who took the initiative;
• a statement signed by both parents or one;
• confirmation of payment of state duty;
• a child’s birth certificate or a certificate stating that the woman is pregnant (if after the birth of the child it is not possible to register the man as the father);
• consent of the child himself, if he is over 18 years old;
• a notarial agreement of one of the parents, if he does not mind, but is not able to come to the registry office;
• permission of the guardian, in the absence of the mother or incapacity of the adult child;
• a certificate confirming the mother’s lack of voting rights (incapacitated, deprived of parental rights, arrested).

State fee for registration of the procedure

In order for the registration authority to issue a birth certificate for a child with the father’s data, it is necessary to pay a state tax for the provision of this service and for making changes to the Book of Registers (Article 333.26 of the Tax Code of the Russian Federation). Its cost is 350 rubles.

Recognition of paternity through court

The fact of recognition of paternity through the court is regulated by Article 54 of the Family Code of the Russian Federation. According to this law, the trial takes place under the following circumstances:

• one side is against such a decision, regardless of who is the plaintiff;
• the child’s mother is officially married, and the biological father wants to assume paternity rights;
• the official father disputes the fact of biological paternity.

The claim may be filed at the place of residence of either party. To do this, you need to write a statement of claim to establish paternity, detailing the essence of the claim. The following documents are attached to the statement of claim (the list of documents is strictly controlled by law), otherwise the case will not be accepted for consideration:

• plaintiff's passport;
• child's birth certificate;
• receipt for state duty with the mark “Paid”.

The cost of the state duty is 350 rubles. Payment must be made immediately, otherwise the case will not be considered. In some cases, the amount of the state duty may be changed, for example, if cases related to the protection of the rights of a child, and also if the plaintiff can take advantage of a tax benefit. Then the state duty will be equal to 300 rubles (Article 333. 36 of the Tax Code of the Russian Federation).

The most important circumstance for making a positive decision when establishing paternity is the evidence base. This may include the following confirmed facts:

• genetic examination of father and child;
• comparison of the blood type of parents with the child when taking blood tests;
• photographs, video shooting;
• letters, messages;
• testimony of witnesses, relatives, neighbors;
• other.

If the father refuses to submit material for a DNA test, and at the same time denies in every possible way a relationship with the child, then the court may regard this statement as a confession (Article 79 of the Code of Civil Procedure of the Russian Federation).

From the moment the claim is filed, 5 days usually pass, after which the court announces the date and time of the first court hearing. During this time, the bailiffs get acquainted with the case, study the evidence in more detail, the grounds for the appeal, and request additional documents.

According to the general rules of civil procedure, the final decision, after each party has spoken, is made during the court hearing. If during the trial the truth was not established or doubts arise, the bailiff may order a re-hearing and a control DNA test.

In the event of the death of the putative father, sometimes they resort to the method of conducting a genetic examination of part of the biological material of his direct relatives.

If the court makes a positive decision, then this is a direct reason to contact the registry office and re-register the child’s documents, where the column with the father will be filled out. Also, from this moment on, the father becomes responsible for the upbringing and maintenance of the child. The mother may demand to pay child support.

It is better to immediately resolve this issue forcibly through the court, after paternity has been established, so that there are no problems with payments later. To do this, you need to indicate this point in the primary claim, otherwise you will have to write a second application specifically for the collection of alimony if the father refuses to do this voluntarily (Article 106 of the RF IC).

If previously the mother had no contact with the biological father, and he learned that a trial would be held to establish paternity in his person, he can voluntarily agree with the claim and then the trial is terminated (Article 68 of the Code of Civil Procedure of the Russian Federation).

If the father is against

Very often, a father who previously had no interest in the fate of the child may continue to be against accepting the legal fulfillment of his parental responsibilities.

Even if he found out that this is his child, but he has his own family and children, he may not express a desire to become the father of another child. In this case, the situation is resolved as we have previously described, only through the court.

The mother needs to file a claim and, through evidence, force the man to become paternity and fulfill his obligations under the law.

If the decision is positive, then the court may immediately oblige the father to pay child support, but only if this request is also stated in the statement of claim.

Otherwise, it will be necessary to file a new claim, specifically for the recovery of alimony.

The court can force the payment of alimony only from the day when the court decision recognizing paternity comes into legal force, but not earlier.

If the mother is against

Through the registry office without the consent of the mother (if there are supporting documents of her status), the biological father can accept paternity if:

• she went missing;
• declared incompetent;
• is in prison;
• deprived of parental rights.

If these provisions are not respected and the mother fully raises the child, but is against the man officially becoming a father, then, as in the previous case, the father is forced to forcibly resolve this issue through the court.

Sometimes difficulties may arise if the mother is not only against it, but also lives with her official husband, who completely replaces the child’s father, but this fact is not documented in the birth certificate.

If a child lives in a normal family, all conditions for his full development and upbringing are met, then the court will make a decision based on the interests of the child, as well as other circumstances.

If the mother is absent

The mother's consent is not required if she is reported missing. Then the entry in the child’s documents is made on the basis of the personal decision of the biological father.

However, in addition to indicating the reason for the mother’s absence, it is necessary to attach supporting documents to the application. This could be a police certificate.

Since the mother is missing, the man will additionally need permission from the guardianship authorities. Otherwise, the issue will also be resolved through the courts.

Child's inheritance rights

The law does not distinguish between marital and illegitimate children, so they have the same share along with the official heirs. Therefore, regardless of the method of inheritance, they are entitled to a mandatory share.

But the right of children out of wedlock can only be claimed if paternity is officially proven. If the putative father has died, then paternity is established through the judicial authorities (Article 50 of the Code of Civil Procedure of the Russian Federation). If recognized by the father, the child receives the right to inheritance.

If the deceased wrote a will in which there is no illegitimate child in the list of heirs, then the mother also has the right to appeal this through the court.

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How to prove paternity outside of marriage if the father is against it - recognition of paternity through the court

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Financial support for the child is assigned to the mother and father equally. If the man’s data is not included in the children’s documents, then it is impossible to recover funds through the court.

In the interests of the child, it is necessary to first prove the relationship. If a man prevents a joint submission of an application to the registry office, then it is necessary to go to court.

Let's look at how to prove paternity outside of marriage through court.

Is it possible to establish paternity if the father is against it?

The relationship with the mother is confirmed by documents from a medical organization. The certificate indicates that the child was descended from a specific woman. Although the document contains only the mother’s data and general information about the child (date and time of birth, weight), the birth is registered on its basis.

With the father the situation is more complicated. The law strictly regulates the procedure for including paternal data in the child’s documents.

Main options:

1. When registering a birth. If the mother and father are in a registered marriage or the divorce is filed no more than 300 days before the birth.
2. Immediately after birth registration. According to the personal application of the father (with the permission of the guardianship department) and according to the general application of the mother and father. The procedure is carried out in the registry office.
3. Any time after birth registration. In addition to those specified in paragraph 2, registration is possible by court decision. If one of the parents does not agree to submit a joint application or the father has died.

From the moment the man’s data is entered into the children’s documents, he is granted all the rights of a biological parent. After which, he is obliged to pay alimony, take care of the child, and ensure his right to education and residence in the family.

It is the large amount of responsibility and parental responsibilities that are often the reasons why men do not want to voluntarily acknowledge paternity. However, the law provides for the possibility of resolving the issue even without the consent of the father.

The father's refusal to submit an application to the registry office is not the only reason why he will have to go to court. If the child’s documents already contain information about the father, then the issue can only be resolved in court. The exception is when data is included from the mother's words. In this case, the registry office issues a certificate F25.

Algorithm of actions to establish paternity in court

If a man evades registering paternity of a child through the registry office, then the procedure can be initiated by an interested person. The list of citizens who have the right to apply to the court is limited.

Applicants when establishing paternity:

• mother;
• child (aged 18 years and older);
• guardian of a minor or incapacitated child;
• a person actually raising a minor child;
• father (if the mother does not agree to contact the registry office).

To achieve proper results, you must take time to prepare thoroughly. In addition, the applicant must comply with the following steps:

1. Data collection.
2. Preparing an application.
3. Payment of duty.
4. Sending documents to the correct court.
5. Attending a court hearing.
6. Obtaining a court decision and registering paternity in the registry office.

Before starting the procedure, you need to prepare a significant amount of money. The process of establishing paternity is very expensive.

If in the process one of the parties or the court requests a genetic examination, then the plaintiff must pay for it. During the consideration of the application, AB0 and other studies may be requested.

It is advisable to involve a lawyer in the process. The costs of paying for the services of a specialist, drawing up a statement of claim and representation in court are also borne by the plaintiff.

Important! It is advisable to include in the statement of claim a request to recover legal and expert fees from the defendant if the claims are satisfied.

Stage 1. Collection of documentation

At the first stage, the applicant must prepare the maximum amount of evidence that the child is the natural son or daughter of the defendant. The application must be accompanied by:

• general information (provided by all plaintiffs without exception);
• evidence of paternity (formed depending on what information the applicant has);
• witness statements (if available).

general information

No.DocumentComment

1	Plaintiff's civil passport	The document must be valid at the time of going to court. If necessary, you must change your passport in advance (if you reach age or change your last name)
2	Child's birth certificate	Provided regardless of the child’s age
3	Child's civil passport	Provided if the citizen has reached 14 years of age
4	Extract from the house register	Confirms that the child lives with the applicant
5	Duty payment receipt	Paid if the plaintiff is a child who has reached the age of majority

The applicant must confirm his authority:

• guardian (certificate, order appointing guardianship);
• foster parent (certificate, agreement on the transfer of a minor to foster care);
• the person actually raising the child (extract from the house register and passport).

Evidence of paternity includes documents that make it possible to assume that a man is the biological father of a child.

Proof

No. Evidence What are they needed for?

1	Expertise AB0	Proves that the blood type of the defendant and the child match
2	DNA research	Proves the presence of blood relationship by 99.9%
3	Joint photos	Showing a man and a child
4	Video shooting	In which a man acknowledges paternity, joint events are depicted
5	Documents on pregnancy and childbirth	If the man was indicated as the father in the exchange card, underwent a medical examination during planning or during pregnancy, or participated in joint childbirth
6	Statement of account	If a man regularly sent funds to support the child
7	Receipts and receipts for the purchase of children's things	If a man bought baby food, clothes, shoes using a bank card

The witness must appear in person at the trial. If appearance is impossible (located outside the country or in another region), then he can be questioned in court or at the consular office at his location. To conduct a survey, the court generates a request in which it indicates the necessary questions.

Stage 2. Drawing up a claim

A sample statement of claim can be found in the article “Statement of Claim to Establish Paternity and Collection of Child Support.”

The application must contain:

1. Request for the attendance of witnesses.
2. Request to order a DNA test.
3. Applicant's telephone number or email address.

Stage 3. Selecting a court

The choice of judicial authority depends on the content of the statement of claim:

1. If the applicant demands not only to recognize the man as the father, but also to recover money for the maintenance of the minor, then the documents are sent to the court at the place of permanent residence of the child.
2. If the plaintiff asks to prove exclusively paternity, then the documentation is sent to the court located at the defendant’s place of residence.

Stage 4. Payment of duty

The law exempts citizens who act in the interests of a minor from paying duties. Therefore, the obligation to pay the fee rests solely with the adult child and the guardian of the adult incapacitated citizen.

The payment amount is 250 rubles. Funds must be transferred in a way that allows you to confirm payment. Therefore, you need to use an ATM or cash desk at a bank branch.

Stage 5. Court hearing

The court clerk will contact the applicant 5 days after the documents are sent to the court. He will inform you about the date of the preliminary meeting.

Both the plaintiff and the defendant are summoned for a conversation. The judge clarifies whether the applicant supports the claims.

During the conversation, the date for the main meeting is determined. It is scheduled within 14 days from the date of the conversation.

One of the evidence in the process may be genetic testing. It is used to confirm family ties. But the result of the study is not the only or main evidence. Other information should also be studied.

Specialists from the guardianship and registry office departments must be called into the process. They express their opinions regarding the applicant's demands.

With DNA examination

If there is a DNA test result, paternity will be established, even if the father is against it. Material collection and examination are carried out in a specialized organization.

Process algorithm:

1. Obtaining a determination to conduct a study.
2. Visit to a specialized organization established by the court (appearance at the appointed time).
3. Collection of material.
4. Payment for the study.
5. Carrying out an examination.
6. Submitting a report to the court.
7. Schedule the next meeting.
8. Notifying the parties about the appointment of a date.
9. Next court hearing.

The judge examines the results of the examination and makes a decision.

Without DNA research

Let's consider whether a court can establish paternity without DNA. As already mentioned, the results of the examination are not the only evidence. Therefore, the court may make a decision based on other information.

In practice, the following options arise:

1. The defendant was not notified of the examination. Often a situation arises when the defendant avoids receiving a summons in every possible way (does not attend meetings, hides his place of residence). Since the citizen was not properly notified, the court cannot make a positive decision without the defendant. However, a decision can be made based on the evidence in the case. If there is enough information, the court will satisfy the plaintiff’s demands.
2. The defendant was notified of the study. If a citizen knew about the date and place of the examination, but did not appear, then the court may count the failure to appear as an admission of paternity. In this situation, the requirements are satisfied by default.

Stage 6. Registration with the Civil Registry Office

After receiving a court decision, the applicant must visit the civil registry office at the place where the child’s birth was registered or the MFC. According to the plaintiff, the specialist makes changes to the child’s data and issues a new birth certificate.

Important! The document confirming the procedure is a certificate of paternity.

Arbitrage practice

Acknowledgment of paternity through the court is a common legal process. However, not all demands are met. The main reason is the lack of evidence.

Women have high hopes for the results of the examination. However, it is necessary to prepare other data. It is advisable to prepare evidence for all the information specified in the application.

Example. Citizen R. applied to the court to delete the record of her father and establish paternity. At the time of the child’s conception, the plaintiff was officially married, but did not actually live with her husband. The child's father wants to formalize paternity and give the child his last name.

At the time of birth, the marriage had already been dissolved, but 300 days had not yet passed. Therefore, the ex-husband's data was automatically included. The woman asked to exclude the information and include information about her partner. The defendant and cohabitant appeared in court. Each of them confirmed the applicant's information.

The court satisfied the requirements.

It is not always possible to find unanimity between the parties in the process. Often paternity is established against the will of the man.

Example. Citizen M. applied to the court to establish paternity. She lived with the defendant for 3 years and ran a joint household with him. Her parents accepted him as a son-in-law. During pregnancy, he underwent a joint medical examination.

After giving birth, I went to work and stopped calling and sending money. The woman asked to establish paternity and order the payment of alimony. The requirements for recognition of family ties were satisfied.

Since there was no information about the defendant’s place of employment, the court, when assigning financial support to the child, proceeded from the amount of the subsistence minimum for the child.

It is possible to establish a relationship between a man and a child without the consent of the father. Moreover, conducting an examination is not a prerequisite. If there is other evidence, the court makes a decision without DNA.

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How to establish paternity if the father is against it?

Answer: It is possible to establish the fact of relationship not only if there is a registered marriage, but to recognize paternity you will have to go to court, since the child’s father does not agree to voluntary recognition of the child.

Forced and voluntary recognition

Russian family law provides for two types of recognition of paternity – voluntary and forced. In the case of voluntary recognition of paternity, the mother and father of the child together apply to the registry office with an application to establish paternity, on the basis of which amendments are made to the child’s birth certificate.

• The forced establishment of kinship requires the participation of the parties in litigation, since it is impossible to oblige the father to recognize his child without his consent in any other way.
• Recognition of paternity can be carried out in a general manner, in which each of the parties can be present at the court hearing and testify in its favor, and in an exclusive manner - in the event of the death of the child's father.
• Since everything is fine with your spouse, the case to establish paternity will be considered on a general basis in the district court.

Step-by-step instructions for establishing paternity

In accordance with paragraph 3 of Art. 48 of the RF IC, establishment of paternity is required if the parents of a minor were not in an officially registered marriage at the time of the birth of their common child.

Within the framework of Art.

49 of the RF IC establishes that recognition of paternity is carried out in court in a forced manner, if the father of a minor does not recognize the child voluntarily, refuses to apply to the registry office with an application for recognition of the child together with the mother or in person, as well as in cases where the mother the child does not consent to establishing paternity for personal reasons.

Preparation of documents

Before going to court to establish paternity, it is necessary to prepare a comprehensive package of documents, as well as evidence of the relationship between the defendant and the minor child.

The following may apply to court to establish paternity:

• the mother or father of the child, if the second parent refuses voluntary recognition of the relationship;
• guardian of a dependent child;
• a child, if he has reached the age of majority.

The procedure for establishing paternity at the request of one of the parents, when the child is eighteen years old, is allowed only with the written or oral consent of the child to conduct the process.

A common child can personally express his opinion at a court hearing, the court will accept his opinion as fundamental and will make a decision based on the interests of the adult child of the plaintiff and defendant.

To establish paternity of a child, you will need to collect the following package of documents:

• statement of claim, which is drawn up in accordance with Art. 131 Civil Procedure Code;
• a copy of the minor's birth certificate;
• a receipt or other document that establishes payment of the state fee;
• documents establishing the relationship of the child and the defendant.

In addition to documents, testimony of witnesses and experts, expert opinions, oral explanations on the merits of the case, extracts and petitions, personal letters or negotiations about the child, information submitted on audio and video media, DNA examination data, if any, can serve as evidence of kinship. was carried out before filing a claim in court, etc.

Often, the application is accompanied by a request for a compulsory DNA examination so that the parties have no doubt about the relationship between the child and the defendant. If for some reason the defendant refuses to conduct a genetic examination, then the court has the right to establish kinship based on the refusal and the totality of other evidence.

In addition to DNA texts, medical documents of the woman and child can be attached to the case - a pregnant woman’s chart, a birth history, a child’s medical record, etc.

Going to court

The statement of claim must be filed with the district court at the place of registration of the plaintiff or defendant in accordance with Art. Art. 28-29 RF IC.

Before filing a claim, you must pay the state fee in a single payment for consideration of the case to establish paternity, which is 350 rubles.

Both parties to the process have the right to make oral and written motions, which the court will accept or reject during the consideration of the case. As noted above, if the defendant refuses to conduct an examination, the court, based on other evidence and the fact that the alleged father of the child refused genetic research, has the right to recognize the defendant as the father of the child even without DNA tests.

The court makes a decision based on the evidence presented by the parties, it indicates information about the satisfaction or refusal of the claim.

Contacting the registry office

The last step in recognizing paternity is to contact the registry office for a replacement of the child’s birth certificate. You can submit such an application to this institution only after the court decision has entered into legal force; until that time, the registry office will not make any changes.

The legislation provides for several methods of appeal:

1. Private. In this case, you need to visit the registry office in person with the established package of documents and an application to establish paternity based on a court decision.
2. Online appeal. You can use the service of remote application to the registry office using the State Services portal, which allows you to draw up an application in a special window, as well as attach scanned copies of documents. When visiting an institution to obtain a new birth certificate, original documents are provided before the information is verified.

For the issuance of a new birth certificate, a state fee of 350 rubles is established, so the total cost of filing a claim and issuing a certificate will be 700 rubles, excluding the cost of making a copy of the court decision, the cost of lawyers, if they participated, and DNA testing.

To obtain a new certificate, you must provide the following package of documents to the registry office:

• passport;
• the minor's previous birth certificate;
• a copy of the court decision establishing paternity, which has entered into force;
• a check or receipt for payment of the duty.

After paternity has been established, you can go to court to enforce the collection of alimony from the date the relationship is established .

How to prove paternity outside of marriage

Today, many couples are in no hurry to enter into marriage; they even give birth to children out of wedlock. My friend is one of those modern moms. She and her common-law husband ran away, but he is in no hurry to help the child. So my friend decided to prove his paternity and get alimony through the court. I will tell you how to establish paternity if the birth occurred without official registration.

Nuances of recognizing paternity without marriage

The number of children born into single-parent families where parents are unregistered is growing every year. Most of these couples live well without formalizing the relationship. But sometimes it happens that a couple breaks up, the father stops supporting the baby, which forces the mother to apply to establish paternity.

The law strictly regulates the entry of the father's data into the child's certificate.

1. When registering with the registry office - if the parents are legally separated or divorced no more than 300 days before the birth.
2. Immediately after registering the birth, the father submits an application and it is included in the child’s certificate.
3. At any time - if the court has decided to recognize paternity.

When the father is included in the certificate, he receives full parental rights. At the same time, he becomes obliged to pay alimony, provide for the child, provide him with education and accommodation in the family, and take care of him. Such significant responsibility sometimes becomes an obstacle to voluntary recognition of paternity. But according to the law, a person can be recognized as a father without the consent of the biological parent.

Voluntary establishment

The most accessible way to prove paternity outside of marriage is voluntary recognition by mutual consent of both parents. An application is submitted to the registry office, you also need to collect documents and pay the state fee.

Each application is considered individually, so the documentation may vary. If necessary, the mother must provide a notarized consent that she is not against establishing a relationship.

Judicial ruling

If a man resists and refuses kinship, then action must be taken through the judicial authorities. But not everyone can file such a claim. Applicants eligible to file a claim:

• mother;
• the child himself is over 18 years old;
• guardians;
• a person raising a minor;
• the father himself, with the mother's disagreement.

You will need to competently prepare for the procedure for judicial recognition of parenthood. Collect documentation and draw up a statement of claim, pay the state duty, appear at all meetings, and then receive the judge’s decision and register paternity in the registry office.

Documentation

The applicant should prepare more evidence that the child was actually born from the respondent. To do this you will need to collect a package of papers:

• plaintiff's identity card;
• baby's birth certificate;
• child’s passport, if required by age;
• a certificate from the house register confirming that the child lives with the applicant;
• receipt of state duty.

You will also need to provide evidence of paternity, which includes:

• ABO examination to confirm the match of the blood type of the child and the father;
• joint photos where the father is captured with the child;
• videos of family activities together;
• DNA research – proves blood relationship by 99%;
• a pregnancy and childbirth management card, in which the man was listed as the father, underwent studies during planning and gestation, and was present during joint childbirth;
• bank statements – if the father sent the child maintenance funds;
• receipts or checks for payment for purchases - if a man bought shoes, food, clothes, etc. for a child.

The presence of witnesses will only be a plus, but they must be present in court in person.

File a claim

It is recommended to draw up a statement of claim with a lawyer. It must indicate:

1. Petition to attract witnesses.
2. That you require a DNA test.
3. Phone and email applicant's email.

If the applicant demands to prove and recognize paternity, then the lawsuit should be sent to the court at the father’s registration. If, in addition to paternity, it is necessary to recover compensation for the maintenance of the child, then the claim should be sent to the court according to the registration and permanent residence of the child.

Pay the fee

Some citizens acting in the interests of a minor child may not pay the duty fee. The obligation to pay rests only with the adult or his guardian if the child is over 18 years of age and is incapacitated.

The state duty fee is 250 rubles. You can transfer funds in a way that allows confirmation of payment, i.e. through an ATM or bank teller.

Meeting

The court secretary will contact the claimant 5 days after the application to the judicial authority to inform about the appointment of a date for the hearing. Both parties are called to the meeting to clarify the applicant’s intentions and his claims.

During the meeting, the date of the next meeting is set. This is usually carried out over the next 2 weeks. You can come to the meeting in person, together with a representative, or send an application so that the case is considered without the personal participation of the applicant.

Genetic testing is considered one of the most powerful pieces of evidence used to confirm the relationship between the defendant and the child. But its results are not the main or only evidence; other evidence is also considered.

Registration at the Civil Registry Office

After a decision has been made on the claim, you must contact the registry office at the child’s registration address or the multifunctional center. The plaintiff submits an application, attaches a court decision, on the basis of which changes are made to the child’s certificate.

As a result, the plaintiff receives a new certificate with updated data. And the main document proving the legality of making an entry is a court decision to determine paternity.

If the father or mother does not recognize paternity

The fact that fathers are stubborn and do not recognize paternity is understandable, because not everyone is so noble that they are ready to pay alimony. Women may oppose paternity determination for their own reasons. For example, in order not to ask the father’s permission in the future for the child to travel abroad, and also to consult with him on other issues regarding the child.

Without the father's consent, paternity can only be recognized through court. Both parents have equal rights. Even when the mother is against it, a man can establish his paternity and give the child his last name. Also, a woman can go to court if a man disagrees, establish paternity, and then collect alimony.

If paternity needs to be established in relation to a foreign citizen, then the claim is filed at the place of registration of the plaintiff. The case will be reviewed and the results will be sent through our consulate in the country of residence of the potential father.

Conclusion

To summarize, we note that paternity can always be proven through the courts, even if one of the parents is against this process.

1. If the defendant is unable to challenge the evidence provided by the plaintiff, he will be forcibly registered as the father and will be required to make child support payments until the child reaches adulthood.
2. If the official husband knows that the child is not his, but wants to register him in his name, and the mother and biological parent are against it, then the court will still register the child in the official spouse’s name. In this case, the biological parent can confirm paternity in court using DNA testing.

In order to avoid legal disputes regarding paternity issues, it is recommended to register the relationship before the birth of the baby.

Once a decision has been made to have a child together, then the official registration of the relationship is not a banal passport stamp, but a duty to the child. The baby will always be better off in an officially complete family.

This way you will protect him from disputes between you and your common-law spouse in the future. If there is a need for litigation, it is better to consult with experienced lawyers.