Today, many families live in a civil marriage. For certain reasons, they decide to refuse to register with the registry office. Of course, this is their right. But what to do, if the baby is born out of wedlock? It is necessary to supplement: according to statistics, recently the number of such cases has been increasing. What is the reason for this and is it worth it to be afraid of this situation? The answer to this and similar questions, if desired, can be found in the article.
Common Features
If the child was born out of wedlockWhat rights does he have in accordance with the current legislation of the Russian Federation? And how will its maternal content be organized? Is paternity confirmation required to collect child support?
By the way, very soon, some changes are planned in the Family Code of the Russian Federation regarding this issue. Thus, civil marriage will be recognized as full, at least if you rely on current legislation. This decision was made by state authorities due to the fact that a large number of families today prefer not to register with the registry office, but live in a civil marriage. But from the appearance of children and jointly acquired property it is almost impossible to escape. Yes and no!
If a child was born out of wedlock, how to record a baby?
A vital issue today in a civil marriage and the birth of a baby is the problem of its registration. It is logical that unconditional paternity is excluded in this case. That is why newly-minted parents often turn to the adoption process. Of course, before this, recognition of the child is necessary. As a rule, this kind of operation is performed immediately after the birth of a son or daughter. So, information is entered into the certificate with the consent of the father. If the child was born out of wedlock and his father’s recognition was ignored, it becomes necessary to go to court, as well as to collect the necessary documentation.
It is important to note that the operation to register the baby out of wedlock is not only providing the registry office with a written application, a certificate confirming the birth, and the parent's passport. Here you can go in one of two possible ways, which are discussed in detail in the next chapter.
What to do competently?
If the child was born out of wedlock, difficulties can lie in wait for parents at every step. So, when deciding to leave, you must use one of the following methods. This will determine who the child will live with.
The first way is to indicate his mother in the birth certificate of the baby. Thus, in the case of separation of parents, the child is almost guaranteed to stay with his mother. By the way, in this situation, an indication of absolutely any middle name is permissible. Therefore, the mother has the opportunity to come up with a beautiful middle name for her son or daughter.
The second method of avoiding embarrassment is the joint filing by the mother and father of the state registration of the child. In this case, parents have the right to choose the last name of the baby on their own (it can be both dad's and mother's). Then, the registration of the paternity certificate is carried out by the registry office staff on the spot. If the child was born out of wedlock and parents decided to act in accordance with this method, then in the event of their separation, the fate of the baby will be in the hands of the guardianship authorities.As a rule, the baby stays with the mother, and alimony is assigned from the father.
Alimony
If a child born out of wedlock, child supportdirected to its contents, as a rule, come from the father. What will be the alimony in case of separation of parents? It is important to note that the calculation of the corresponding payments and directly the amount is regulated through article 53 of the Family Code of the Russian Federation. It is important to note that for the court to enforce child support if there is no paternity established earlier, an application must be filed with a claim from the mother that the child was recognized as a father. This is done in accordance with Article 49 of the Family Code of the Russian Federation. The list of documents required for the competent implementation of the operation is discussed in the next chapter.
List of documents
When the child was born out of wedlock, paternity is confirmed and there are no barriers for the mother to receive child support (that is, there is an agreement between the parents), she needs to collect some documents in accordance with the following list:
- Certificate of the birth of the baby.
- Parent passports.
- A certificate confirming the amount of income of the father (a certificate must be provided for the previous three months from the date of application to the relevant state bodies). In this case, the payment of alimony is implied in the amount established by law.
- A certificate confirming the establishment of paternity (you can get it at the registry office).
If dialogue with a potential payer of alimony is impossible (that is, he refuses to fulfill his own obligations), you must go to court with a statement of claim. In this case, you need to collect the following documents:
- Certificate of the birth of the baby (plus two photocopies of it).
- Application for the recovery of maintenance payments, submitted in duplicate.
- Passport.
The order of registration of alimony
If the child was born out of wedlock, when the parents break up, one of them must pay child support in accordance with one of the following methods:
- By court order. This method is appropriate if paternity is established, but there is no voluntary agreement.
- Through a lawsuit to recover alimony payments in court. This option is suitable when it is necessary to establish paternity, determine the place where the father was born, as well as if the plaintiff insists on providing fixed payments for the maintenance of the child.
- Through an agreement that was previously concluded.
Who is the child left with in case of divorce?
The relevance of the issue of raising a child after the dissolution of a civil marriage is increasing today. Especially if paternity is not confirmed. With whom, as a rule, does the baby remain?
First, in the event that paternity was nevertheless established, the state guardianship bodies decide the fate of the child. Secondly, the father is raising the baby if the mother is incapacitated or completely does not fulfill her own obligations. And finally, thirdly, the child remains with the guardian in the event of the death of the parents. Of course, if only the mother is indicated in the birth certificate of the child, the baby remains with her.
