Quite often in our time, a woman and a man live together, not formalizing their relationship legally. Therefore, it does not surprise anyone that babies with such a union appear outside of marriage. It is precisely such cases that raise questions about how to formalize the relationship of the baby and father. In this article we will consider voluntary recognition of paternity. as one of the most acceptable options for parents who live in a civil marriage. Indeed, very often it is from this decision that the fate of the newborn baby can depend.
Ordinary civilian family
Now, probably, you will not surprise anyone with a civil marriage. True, from a legal point of view, this is not a completely correct formulation. After all, civil marriage implies the settlement of relations through the registry office. But ... Among the huge population, it is the coexistence of two people on the same territory - in a house or apartment - used to be called civil marriage, even if they did not formally formalize their relationship.
And indeed, ceteris paribus, man and woman are a full-fledged unit of society, however, without a stamp in the passports. But when a baby is born in such a family, both parents must go to the registry office in order for paternity to be established. This procedure is not complicated and not long. The choice of the surname of the little one who was born out of wedlock depends only on the parents - how they decide will happen.
Father does not voluntarily recognize his baby
In this situation, the mother or the child himself (if he has already reached the age of majority) has the full right to file a lawsuit in the court to recognize paternity. Quite often, in parallel with such a statement of claim, a statement in order to force the negligent parent to pay child support. It should be borne in mind that child support will be collected from the father only from the moment when there is a positive court decision. For all the previous time, the father will not pay anything. It should also be borne in mind that child support will be calculated only on the amount that represents the official salary of a generous dad.
Recognition of paternity outside of marriage is voluntary, as already understood, in this case it is impossible. But well, the situations are very different.
A mother who decides to take such steps should also think that a situation may arise in which, after some time, she will deprive this father of parental rights due to the fact that he avoids paying child support for their common baby.
Instead of help, one problem
A woman should understand that if voluntary recognition of paternity from a man has not been received, and this issue is resolved in certain instances, and even a positive decision will be made for her with the child, a careless father will not love the baby. He can only cause him many problems afterwards. For example, such a “caring” dad can be “lost”, and if a child needs to go abroad, he will have to look for his father, because he gives permission to leave. Therefore, mother needs to think carefully about what possible consequences may occur after the struggle she started.
Mom, who files such a claim, will have to collect evidence, which then in court will be the evidence base of her innocence. Familiar friends, neighbors or colleagues will do, that is, all those who can confirm that their parents lived together, have a common household.
Voluntary recognition of paternity
A man who is not officially married to a woman who has given birth to their common child may admit his paternity either voluntarily or the court will establish it.In some cases, paternity is formalized after a man dies. As a rule, this happens in cases when questions of inheritance are raised. It is clear that in such a situation, the voluntary establishment, recognition of the paternity of the baby is already impossible, therefore, a slightly different procedure will be required here.
If the baby is born out of wedlock, the registration of paternity in relation to him is carried out with the consent of the mother or the guardianship authorities. This very concept - “recognition of paternity” - is a legally significant action, because it denotes a legal entry about the father in the documents of the baby and in the registry office book.
Does father confess?
If the marriage between the parents is registered, then the father is entered automatically at the request of the mother. If the parents are in a civil marriage, the father is recorded on a joint application. If one of the parents refuses such a statement, then in some special cases the paternity of the peanut is established by the court.
Today, voluntary recognition of paternity is a fairly common procedure for those spouses who do not want to register a marriage in a legal, familiar way. Children who are born in such a marriage have the same rights and obligations to their parents and immediate family as the children born in a marriage registered with the registry office.
If the father has already been entered in the birth certificate (the basis is a certificate of marriage or paternity), then you can change this record (that is, challenge paternity) in a judicial proceeding. There is no time limit for recognizing paternity from a legal point of view. You can issue a man with the father of the child, both during the pregnancy of the mother and after the birth of the baby, and even after the child is 18 years old or more (in this case, with his consent).
Highlights in the negotiated procedure
The procedure for recognizing the paternity of a man is of great importance for babies who were born in a union that is not officially registered, because the paternal identity in this situation cannot be established only by the fact of their birth.
If the papa's dad wants to take an active part in the fate of his baby, if he expresses the recognition of paternity voluntarily outside of marriage, then the necessary personal data of this person will be entered in the metric. If the case is diametrically opposed, then it will be necessary for the mother to go to court.
So, according to article 48 of the UK, the husband of a woman - mother, is recognized as the father of a newborn baby. If the parents of the peanut are divorced, then the ex-husband may be recognized as the father, if the baby was born within three hundred days, the countdown of which began from the moment the divorce was terminated. This applies in cases in which the marriage is recognized as unlawful or when the woman’s husband has passed away.
If the parents of the baby are in a civil marriage, then, according to article 48 of the Federal Law "On acts of civil status", they have the right to register the birth of their common crumbs in the registry office.
If completely voluntary recognition of paternity comes from him (from his father), then for registration to take place, parents must submit a general application containing a request to establish paternity for the newborn baby. It is for this that the voluntary recognition of the father is required.
How is the application filed?
If there is voluntary recognition of fatherhood from a man, then the registry office, based on the whereabouts of the parents who are in a civil marriage, has the right to draw up the necessary documents and issue a baby metric.
An act is drawn up immediately, which makes it possible to enter information about the baby's father. The registry office informs the social protection authority that the documents for the paternity of the child have been executed within three days.
If the father does not recognize the fact of the birth of a child in common with the common-law wife, then his paternity must be established by means of a trial in a forced manner (this was mentioned above). It is here that all the circumstances under which the baby was born will be taken into account.
Inheritance rights of the baby
If the father of the baby died, then in accordance with the provisions of Article 50 of the Code of Civil Procedure, the fact of recognition of paternity should be established. The trial will help.
If there are some contentious situations that are related to the inheritance, if there are other heirs, then the mother must file a claim with the judicial authority at the place of residence. And already in court proceedings and establish the fact of fatherhood of the baby. Then the question of the right to inheritance will be decided.
What is the existing order?
Recognition of paternity outside of marriage in Russia is voluntarily allowed in the following cases:
- Immediately after the baby was born: a joint application is submitted to the territorial registry office from the applicant for the paternity of a pean and, in fact, the mother of the baby, who were not married to each other at the time of his birth (in this case, the father of the man will be registered simultaneously with the birth of the baby )
- The mother of the child and the father, who acknowledges the fact of their paternity (in the event that they did not register their marriage), submit a joint application - this is if in the birth certificate of the child that was issued earlier, in the column where the data about the father should be placed dash. If there is a joint statement of the parents on the recognition of paternity, then it does not matter if the mother and father, or one of them, are married to third parties.
- According to the statement only of the father of the baby, who had previously received consent either from the guardianship authorities, or by a court decision. The possibility of establishing paternity in the registry office, without taking into account the consent of the mother, is possible only in four cases - if the mother of the baby is declared legally incompetent; if there is no way to establish where the baby’s mother is; if at the time of recognition of paternity the mother of the child died; if at the time of recognition of paternity the baby’s mother has already been deprived of parental rights.
If there is a possibility that there will be a recognition of paternity of an adult child on a voluntary basis, it should be borne in mind that this will be possible only if the adult child himself agrees to this.
Documents you will need
If there is a possibility that there will be voluntary recognition of paternity, the documents that need to be prepared for submission to the territorial registry office are listed below.
These include:
- a general statement from the mother and father on the establishment of paternity, which is drawn up on a special form;
- identity documents of the applicant parents;
- children's birth certificate (because, as a rule, mother and father apply after the state registration of birth of the baby was carried out);
- a payment document that confirms that the applicants paid the state fee for establishing paternity;
- if the parents decided to conduct the process of establishing paternity in parallel with the registration of the baby’s birth, then a certificate of birth of the crumbs issued at the maternity hospital will be required.