The child must know his parents - father and mother, and also receive support, help and material support from them until they come of age. The mother of the baby is the woman who gave birth to him. This fact is always confirmed by relevant documents from a medical institution. The father of the child is the husband of the mother of the baby, if they are legally married, or her partner. At the same time, the latter must confirm his relationship with the newborn in an appropriate manner. Otherwise, the mother of the baby has the right to file an application for the establishment of paternity with the judicial authority.
According to law
In the event that a man and a woman were legally married at the time of the birth of the child, the husband of his mother will be recognized as the father of the baby. To do this, you just need to submit a document on the official conclusion of the union to the registry office.
If after divorce of the spouses no more than three hundred days have passed and the woman has not married again, her ex-husband will be recognized as the father of the child. In the event that the baby's parents live together, but did not formalize their relationship officially, they must submit a statement on the establishment of paternity to the registry office. If this does not happen, and the dad refuses to recognize his consanguinity with the newborn, then the mother of the baby has the right to go to court for help.
In most cases, desperate women become single mothers. But some of them still try to restore justice.
In the event that the baby’s dad died before he was born, the mother of the child will need to submit an application to the judicial authority to establish the fact of recognition of paternity.
Grounds
Very often this situation occurs when a child is born, but his parents are not married, and the baby's dad refuses to acknowledge his paternity on a voluntary basis. In this case, the mother of the newborn has the right to seek help from a judicial authority. Indeed, without establishing paternity, she will be a single mother, therefore, her child will not inherit the name of her dad and will not be able to receive financial support from him, and the baby will not be assigned a pension in the event of the death of the breadwinner.
In addition, any evidence available may be used here as evidence. It is advisable that they be fixed on paper. For example, any greeting cards that state that a child is born from a particular man whose paternity must be established through a court of law may also be joint photographs and letters.
Registration
Before applying to the judicial authority, you must write a statement of claim on the establishment of paternity. In this case, you need to be guided by the rules of the Civil Procedure Code. Most often, the mother of the baby goes to court, but the child has the right to do this when he is eighteen years old, as well as the guardians and trustees who, by law, are engaged in raising a minor.
The application for establishing paternity is compiled as follows:
To the court ________________ (city, district, region)
Plaintiff ___________________
Address________________________
Defendant ________________________
Address of residence _________________________________
Paternity claim
I had a very close relationship with the defendant ____________ for several years (indicate at what point and when it ended). When he found out about my pregnancy, he stopped talking with me and offered to leave. After I gave birth to a child, he refused to voluntarily go to the registry office and establish paternity. Therefore, in the birth certificate of our daughter there is no information about him.
In addition, the defendant, knowing that this is his child, does not help us financially, I bring up the baby alone.
But, despite the fact that the latter refuses to acknowledge his paternity, this fact is confirmed by the following evidence _______________________ (specify which ones).
Based on the foregoing, on the basis of Articles 131, 132 of the Code of Civil Procedure and Art. 49 Family Law,
I beg:
Recognize the defendant (full details) as the father of the child ______________ (name and date of birth).
The attached documents:
- Copy of the claim.
- Certificate from the FMS, which confirms that the child lives with the plaintiff.
- Documents expressly indicating that the defendant may be the biological father of the baby.
Petition:
- I ask you to call two witnesses to the meeting (indicate in full the details and address of residence), who verbally confirm that the defendant is my daughter's dad (full details).
- Carry out a genetic examination (DNA).
Date ______________
Signature________________
Voluntarily
When a child appears in people who are not legally married, the father of the latter has the right to write a statement on the establishment of paternity directly in the registry office. This is necessary so that the second parent of the baby is included in the birth certificate of the baby. Otherwise, the woman will be a single mother.
But often there are situations when the baby’s mother, for some inexplicable reason, does not want the child’s father to be entered in the birth certificate. And therefore evades a joint visit to the registry office. In this case, the "alleged" pope needs to write a statement and submit it to the court. Because only in this way can he prove the fact of his relationship with the child.
Without the consent of the mother of the baby
In this situation, the father of the child may file a lawsuit with the judicial authority, in other words, a statement on the establishment of paternity. He will be recognized as the father of the baby if he proves the fact of consanguinity with the newborn. For this, it will also be necessary to conduct a genetic examination.
The statement of claim on the establishment of paternity by the father of the child will be as follows:
To the judicial authority ________________ (cities, territories, regions)
Plaintiff (alleged father) ________________ (details)
Place of residence _______________
Defendant and his address ________________ (information about the mother of the child)
Paternity claim
With the defendant ____________ (full details of the baby's mother), we were in an intimate relationship for two years. The latter was not married, and besides me, she never met anyone else. After I went on a business trip to another city, she called me on the phone and said that we need to leave. The fact that she is in position, I learned a month after I returned back to the city. After the birth of the baby, I wanted to go to the registry office with the defendant __________ (details of the mother of the child) and apply for paternity. I have already taken and even filled out a sample of this document. But the defendant refused me, citing the fact that the child is not mine, with which I strongly disagree.
Based on Articles 131, 132 of the Code of Civil Procedure and Article 49 of the Family Code,
I beg:
- To establish that I ______ (data of the applied citizen), I am the father of the child (personal data).
Attached documents:
- Copies of the claim.
- Evidence of a close relationship with the child’s mother.
After death
In the event that the child’s dad died and did not have time to officially formalize his paternity, the baby’s mother has the right to submit an application to the judicial authority and prove the fact that the deceased pleaded the father of the baby. State duty payment is not required here.
In his statement, the baby's mother needs to describe in detail the current situation, as well as indicate the reasons necessary to establish this fact. For example, to receive a pension on the occasion of the death of dad or other social benefits due to a minor in case of loss of a breadwinner.But more often than not, a woman wants to ensure that the child bears the name of his father and does not feel worse than other children.
It should also be noted that even relatives of the deceased can file such a claim with the court.
These civil cases are always considered only in a special order. A statement on the fact of paternity is drawn up as follows:
To the court __________________ (cities, territories, regions)
Applicant ___________________ (data)
Place of residence ________________________
Stakeholder __________ (e.g. Social Security Authority, Pension Fund)
Statement
on the establishment of the fact that a father recognized a child as a deceased citizen
____________ (indicate date) I gave birth to a daughter ______ (data in full), whose dad is __________________ (data of the deceased).
We were not legally married, but he recognized himself as the father of the child when I was pregnant. This is confirmed by _____________ (indicate all the evidence indicating that the deceased considered the baby to be his own).
_____________ (date) _________________ (data of the deceased) died of a serious illness, and did not have time to properly confirm his paternity. This is confirmed by the following documents ________________.
I also believe that when establishing the fact of recognition of paternity as deceased ______ (his data), it is necessary to amend the document on the birth of a child. Give the baby the name and patronymic of his deceased dad. And also it is necessary to enter data on the father in the birth certificate. This is necessary so that I can apply for a child's pension on the occasion of the death of his father.
Based on article 50 of the Family Code, Art. 131, 132, 264 GPK,
I beg:
- Recognize ________ (data) of the deceased citizen ______ (full name) as my daughter’s father.
- Change the name of the child from __________ to ___________ (indicate the name of the father).
- Amend the document on the birth of a daughter.
Applications (all documents are attached according to the number of persons participating in the case):
- Copy of statement.
- Copy of birth certificate.
- Death certificate.
- Documents indicating the recognition of paternity as deceased.
- Petition for summoning witnesses.
Date_____________________
Signature______________________
It is important to know
An application for the establishment of paternity after the death of the father is submitted to the judicial authority at the place of residence of the person who makes such a claim. It can be filed by the mother of the baby or relatives of the deceased. In addition, guardianship authorities have the right to do this. The child himself has the right to file such an application with the court when he is eighteen years old. State duty in this case does not need to be paid.
Nevertheless, many women are interested in the question of what will happen if such an application is not filed. Establishing paternity after the death of the alleged dad of the child will be very difficult. Without the collection of documents and evidence confirming that the deceased was the biological father of the baby, the mother of the latter will not be able to receive a pension for the child in case of loss of dad.
Additional requirements
It is no secret that each child in fact has two parents. But, unfortunately, it happens that the baby remains only with his mother, because dad does not recognize him as his family. Nevertheless, many women in such cases do not despair and file an application with the court to establish paternity, and also ask to recover from the last funds for the maintenance of a joint child. This is entirely legitimate. After all, if dad does not want to live with the child under one roof and engage in his upbringing, he is nevertheless obliged to support the baby until he comes of age.
In such cases, the court first establishes paternity, and then collects alimony from the defendant.
Practice
The woman lived with the man for several years. They did not register marriage. After she found out about her pregnancy, the man left her, not wanting to take responsibility for the family. When the baby was already born, his father never appeared. In addition, he did not want to recognize the child. The baby's mom went to court and wrote a statement.The establishment of paternity in this case takes up to two months.
From the case materials:
At the meeting, the woman fully supported her demands and asked the judicial authority to recognize her former civil husband as the father of her child. In addition, she requested a DNA examination. The court granted her claim.
The defendant disagreed. He did not admit his father. He refused to conduct an examination. In addition, the man said that at the moment when the latter informed him of the pregnancy, they no longer lived together.
Nevertheless, his paternity was confirmed by DNA examination, as well as testimonies of witnesses who indicated that the young people lived together for more than two years, but were not painted.
The court found that the father of the baby is the defendant. In addition, funds were collected from him for the maintenance of the child.
What is it for
In the event that the child’s dad refuses to acknowledge his paternity, it is best to turn to a judicial authority for help. This is necessary so that the baby, in the event of the death of the breadwinner, can receive a pension until he comes of age and become the heir to his property. If this is not done, then the woman will become a single mother, and her child will never know the name of the pope. A sample claim for paternity can be taken even at a judicial authority or found on its official website. You can also seek help from a professional lawyer who specializes in such matters.
How to challenge
Unfortunately, but sometimes it happens that not only women, but also men are forced to go to court and defend their rights. This happens when people lived together, but were not painted, and after the woman gave birth to a child, she did not want to enter her father in the certificate. Or employees of the registry office entered into the birth certificate not her real beloved mother, but her ex-husband. Situations are different. But if a man wants to challenge his paternity, then he needs to file a lawsuit with a judicial authority. Evidence must also be provided that the latter is not really the baby's dad. In addition, a genetic examination will be required. After all, only DNA can help a person who doubts his paternity.
In such a situation, the application must be submitted to the judicial authority located at the place of residence of the defendant. The review period takes up to two months.
But why does it happen that the father of a child is recognized as a man who is not one? The answer to this question is very simple. If the mother of the baby was at the time of conception legally married, but had a close relationship with another person, then her husband will be recognized as the father of the child. Also, if a woman is divorced and gives birth at a time when three hundred days have not passed since the union was dissolved, her ex-husband will be considered the baby's dad.