In some situations, citizens are required to confirm their relationship with others. This is usually necessary when accepting an inheritance or registering paternity. For this, it is necessary to collect official documents confirming kinship. They can be presented in different forms, as they depend on what kind of family ties are confirmed. If different papers are not available to citizens due to damage or loss, they will have to deal with the restoration of documentation.
When is it necessary to confirm family ties?
Documents confirming the degree of kinship between two persons may be needed in various circumstances. For example, in the following cases:
- transfer of inheritance by law, when the notary must identify all citizens who are relatives of the deceased person who left behind a certain property;
- a man wants to establish paternity;
- children from the orphanage are trying to find their blood relatives.
The most commonly required documentation upon receipt of an inheritance. Problems often arise in illegitimate children, who are heirs of the first stage, but according to the documents they may not even be listed as relatives of the deceased father. Other successors may create obstacles to prevent the transfer of property to these citizens. Therefore, it is important to find as many documents confirming kinship as possible.
What are some ways to establish family ties?
Different methods can be used to confirm the existence of kinship between two citizens. These include:
- preparation of various documents that prove the existence of family ties, and they can be stored with direct citizens or requested in different government bodies;
- DNA examination, the results of which are undeniable and objective;
- the implementation of the trial, which considers all the circumstances of the case, to identify the relatives of the plaintiff;
- use of written testimony.
The simplest and best way is the use of official documentation. It can be stored directly with citizens or requested from government agencies.
What documents confirm kinship?
There are quite a lot of different documents with the help of which family relations are established between citizens. The choice of this or that documentation depends on who each other accounts for.
If you want to receive an inheritance, the notary selects only those people who have documents confirming kinship with the deceased as successors.
Mother or father
Most often, people have to prove that they are children of one or another person. What kind of kinship documents are needed for this process? The following official papers may be used for this:
- written testimonies of witnesses that prove that one or another citizen was engaged in raising another person from infancy;
- birth certificate or passport;
- if a person changed his name after marriage or for other reasons, then a certificate from the registry office is required, which contains information about the first name;
- DNA examination results that confirm that people are close relatives;
- judicial acts;
- extracts from various state archives or other institutions;
- parent's passport containing notes on the presence of children;
- extract from the house book, confirming that citizens for a certain period of time lived on the same living space;
- documentation on the adoption of a minor.
The more documents that are collected, the higher the likelihood that a person will be included in the list of successors of the deceased person.
Sister or brother
Documents confirming the relationship of sisters and brothers may be different. The main ones include:
- entries in the passports of parents;
- extract from the house book, indicating that citizens at a young age lived together;
- if you have to go to court to establish kinship, then the testimonies of witnesses who are neighbors, friends of the family or other relatives are taken into account;
- photos in which people are depicted together in a family setting.
The most objective and optimal way is the examination of DNA.
Grandparents
Documents confirming kinship with grandparents can also be different:
- death certificates of grandparents;
- documents confirming the birth of the mother or father of the applicant;
- birth certificate of a person trying to establish family ties;
- documents with the help of which marriage is established between citizens or the fact of termination of family relations.
Since documentation related to older people is collected, archival extracts and references are most often used.
DNA Examination Rules
When collecting documents confirming kinship, the most objective and reliable documentation is the conclusion on the DNA analysis. With the help of such an examination, it can be determined whether people are relatives. Rules for conducting this check:
- most often, such a procedure is carried out when establishing paternity;
- the process is performed only by specialized organizations licensed for the procedure;
- such a service is considered expensive, and most often it is paid directly by the plaintiff trying to confirm that he is a relative of another person;
- the process requires the presence of genetic material from two citizens, for which hair or saliva is used;
- for examination it is important to draw up a contract with the selected institution;
- as a result of the audit, an official conclusion is formed, on the basis of which it can be understood whether specific citizens are relatives.
Most often, the need for such an examination is required if a trial is conducted, the main purpose of which is to identify the relationship between several people.
What to do in the absence of the necessary documentation?
Documents confirming kinship are not always kept with citizens, so often they have to face a situation where different papers are lost. Under such conditions, you can use different ways to obtain them:
- it is allowed to restore different documents, for which you have to go to the archives of different regions or other government agencies;
- many duplicates are issued only after payment of the fee;
- if you need to obtain a certificate confirming that people at a certain point in time were married, you will have to contact the registry office;
- if you need an extract from the house book, but the house in which citizens previously lived is demolished, you will have to go to the archive to obtain the appropriate documentary evidence.
Since it is rather difficult to find these or those papers created several years ago, the procedure for restoring a complete set of documents can take a long time.
The nuances of going to court
In difficult situations, you have to go to court to establish kinship.Usually this is done by a potential heir who is not able to find any documents proving that he really has the right to the property of the deceased person. Therefore, he files a lawsuit in the court, taking into account the rules contained in Art. 28 GIC.
When preparing a statement of claim, the purpose of establishing kinship is indicated, and it is also prescribed that a citizen cannot prove by other means that he is a relative of a person. The lawsuit must be accompanied by copies of applications filed with various state organizations, on the basis of which the plaintiff tried to restore one or another official documentation.
The statement prescribes various evidence that can confirm the existence of family ties. For example, photographs, videos, or witness statements may be used for this.
It is often during a court hearing that there is a need to obtain DNA examination results.
Conclusion
There are many types of documents with which you can prove the existence of family ties with parents, grandparents, sisters and brothers. This documentation may be needed in the process of inheritance or paternity.
Many documents can be restored, but if it is impossible to obtain any evidence, then you will have to do a DNA examination or resort to legal proceedings.