The voluntary establishment of paternity consists in the fact that the dad of the newborn of his own free will goes with the child’s mother to the registry office, where they draw up a joint statement to be included in the birth certificate of the baby as a father. In the event that the mother of the newborn is against having her common-law husband included in the birth certificate of the child, the man will need to seek help from the judiciary.
A little about the main thing
Many citizens know that if a child is born in a union of a man and a woman between whom there is no official marriage, then in this case people will need to go through the process of establishing paternity on a voluntary basis so that the civil husband of the mother of the baby is inscribed on the certificate of the birth of their son or daughter. Otherwise, the fair sex will be considered a single mother.
If a man does not consider himself the father of a newborn child and does not intend to assume responsibility for his upbringing and provision, then in such a case the woman will need to file a claim for establishing paternity with a court. Indeed, only in this case the latter will be able to demand alimony from the man for the maintenance of their joint offspring.
What should be done
So, what actions should citizens take to voluntarily establish paternity? Where to go?
Here it is immediately necessary to say that the voluntary establishment of paternity takes place in the registry office at the place of residence of the child's parents. In other words, if people live in one city, and the child was born in a completely different settlement, then for this procedure you need to contact the registry office of your area. You must know about this.
Moreover, if a man is not legally married to a woman, then he needs to bring to the registry office not only his application for establishing paternity, but also to obtain the consent of his beloved. In the event that the young dad wants to do all the documents on his own while his common-law wife is in the hospital, he must notarize her statement. In practice, this happens quite often.
Registration
So, what documents should citizens submit to the registry office for the voluntary establishment of paternity? First of all, biological parents must coordinate this issue among themselves so that they do not have disagreements and contradictions. When visiting the registry office, citizens must have the following documents with them:
- passports of both parents;
- a certificate from the hospital about the birth of the baby;
- receipt of payment of state duty (in the amount of 350 rubles).
Employees of the registry office will offer citizens to write a joint statement in which the mother and father of the baby do not mind establishing paternity on a voluntary basis. In the event that there are certain problems with the baby's mother (for example, she is seriously ill or died), certificates from a medical institution will be required. You also need to know about this.
A completely different situation
If the parents of the baby are legally married, then in this case only the father of the child can come to the registry office. The latter should have:
- marriage certificate with the mother of the newborn;
- a certificate from the hospital;
- passports (yours and your wife's).
In this case, the man does not have to pay anything. It is also necessary to say here that if citizens are legally married and have a child, then by law the husband of his mother will be the father of the baby.Even if the couple divorced and the woman gave birth to a child after breaking up with her ex-husband (no later than three hundred days after the divorce), he will still be entered in the registry office in the birth certificate of the baby as his father. You also need to know about this.
What to do if dad does not recognize the child?
Currently, this issue is of concern to many women who are not legally married. After all, very often it happens that a man simply refuses to acknowledge his paternity after breaking up with the baby's mom. In such a situation, you need to try again to talk with the former lover and find out the reason for his attitude towards the baby.
If a man has doubts about the fact that the woman gave birth to a child from him, then he can do a paternity test. Currently, such a procedure can be carried out in specialized clinics, but it will not cost very cheaply. Nevertheless, if desired, this issue can be resolved. Therefore, if a man is decent and is not going to leave his own child, then in this case you can do without going to court.
In addition to the foregoing
One way or another, practice shows that only a few men want to go through the process of establishing paternity on a voluntary basis. Especially if young people have not lived together for a long time. In a similar situation, the baby's mother will have to defend the rights and interests of her child in court. A paternity test can also be carried out during the consideration of this case. If a man refuses to undergo this procedure, then the court will have every reason to believe that he is the biological father of the newborn. In addition, when considering cases of this category, the court accepts any evidence that the child was born precisely from the defendant (letters, love SMS, some postcards, joint photos of former lovers). Also, special attention is paid to the testimony of witnesses.
Small characteristic
The institution of voluntary establishment of paternity determines the origin of the child from a man, which was recorded legally. This applies only to cases where a woman is not officially married to her baby's dad.
Voluntary determination of paternity is made at the request of the mother and father of the child. In the event that a woman died or was deprived of her rights to a baby, then the father of the latter has the opportunity to apply to the registry office on his own, having previously received the consent of the guardianship authorities or the decision of the justice authority. This is a must-know. This procedure is carried out quickly enough. If you have all the documents, you can manage to complete everything in one day.
Still
What is the essence of the voluntary procedure for establishing paternity? This issue is of interest to many citizens who have encountered certain problems when preparing documents for a child. The bottom line here is that the father of the child does not need to be forced to come to the registry office together with the common-law wife and to record the baby on himself, because he, of his own free will, wishes to acknowledge paternity and assume all the obligations of upbringing and providing the baby. So do all normal and responsible men. One can talk about the voluntary establishment of paternity only when the young man, having learned about the pregnancy of his beloved, does not marry her, but continues to live with her and waits for the birth of the baby, in order to give him his middle name and surname. Indeed, only in this situation the child will be considered born from a certain man, and his mother will be able to recover alimony from him for the maintenance of the common offspring. It is very important.
Many women do not think about the fact that, having given birth to a child out of wedlock, they can become single mothers.Nevertheless, practice shows that most children born outside the official union have the name of their mother, and the column “father” has a dash. And this is really sad statistics.
Period of time
So, many women are interested in the question of how long it is possible to carry out the procedure of voluntary establishment of paternity in the registry office. For most citizens, this is very important, especially when it comes to financial support for the child after he is born. So, the father of the child and his mother can jointly submit an application to the registry office at any time, even if the birth certificate of the child has already been issued. Parents can do this until the moment their offspring is eighteen years old. For example, a woman gave birth to a child and is raised by her alone for several years, then a father appears who wants to recognize the baby as his own, and together they go to the registry office and write a statement. Here, problems will not arise only if the other man is not included in the document on the birth of a child by his father. If such a record is available, then the biological father will have to apply to the judicial authorities for the protection of his rights and prove in the process that he really is the dad of the child.
If the baby has already grown up and become an adult (he is 18 years old), then entering into his documents a citizen as a father without his consent will fail. The problem here is that the son or daughter simply does not want to know a father who did not recognize himself as a dad and did not take part in education. You also need to know about this.
Nuances
Once again, it must be said that only in the registry office can pass the procedure for the voluntary establishment of paternity. In this case, a lot of documents are not required, the main thing is that the man has a desire to recognize the child as his own, educate him, support him in everything and provide. It's the most important.
It is also necessary to point out once again that for such a procedure it will be necessary to pay a state duty. A receipt for its payment can be taken at the registry office.
If after the birth of the child it will be impossible to write a statement on the establishment of paternity due to the fact that the man enters the army or is seriously ill and can die, then you can submit this document to the registry office during the pregnancy of a woman. You also need to know about this.
Conclusion
From the foregoing, it became clear that the procedure for voluntarily recognizing the father of his child is not so difficult. Moreover, at present, many couples do not consider it necessary to officially register their relationship. In this case, the main thing is that the man is decent and would like to raise his child.