When a person says that there is a family relationship between him and someone, he implies consanguinity or family relationships. But are all people in the same family relatives? If so, which one in between relation degree? And what needs to be done if it is necessary to establish the fact of kinship?
What kind of people are related?
People are called relatives in 3 cases:
- one person descended from another;
- different people have a common ancestor;
- people entered into kinship through marriage.
Relations through marriage are documented, and in other cases, they can be confirmed genetically, since people are blood relatives. This kind of relationship has 6 degrees. Why 6? Because the further people are related to each other, the less blood ties exist between them. There is a saying about this among people - the seventh water on jelly. So, the concept of "close relative" includes:
- Father and children, mother and children.
- Grandfather and grandchildren, grandmother and grandchildren.
- Great-grandfather and great-grandchildren, uncles and aunts with nephews and nieces.
- Cousins and cousins, cousins and grandchildren and grand-grand nieces and nieces.
- Cousins uncle, aunt and nephews (nieces).
- Second cousins and brothers.
Who are “close” and “distant relatives”?
In addition to blood relations, there is another type of relationship - close kinship and distant kinship.
The concept of "close relative" is interpreted in Russian law differently based on the codes of the Russian Federation. So, by:
- Family Code. Close relatives are people who belong to the same ascending and descending line - parents, children, grandparents, grandchildren, siblings and stepbrothers.
- Code of Criminal Procedure. These are spouses, parents, children, adoptive parents, adopted brothers and sisters, grandparents, grandchildren, as well as a person or people who are interested in the future life of the suspect.
- Housing Code. Spouses, children and parents of the owner. In addition, people who are registered in the owner’s living space but do not have any kindred relationship with him are considered close relatives.
How to establish the fact of kinship in court and why is this needed?
The relationship between two or more people can be established in two ways:
- through the court on the basis of documents and testimony;
- through DNA analysis based on genetic data.
Typically, the establishment of the fact of kinship is required in the following cases:
- to determine the biological parents of children;
- receiving an inheritance or refusing it;
- immigration abroad, if there are relatives;
- as evidence in court when assigning a retirement pension.
What documents are important in establishing kinship?
In a lawsuit, the following documents can help prove kinship or facilitate its establishment:
- certificates of marriage, birth and death;
- witness's testimonies;
- letters from relatives;
- copies of bank accounts;
- family tree diagram.
These documents are attached to the application, which has a free form. It must include the following information:
- details of the court in which the case of kinship will be considered;
- Name and address of the applicant;
- an indication of the reasons for the establishment of kinship;
- A brief explanation of the reasons why documented kinship is not possible.
If there are papers confirming the impossibility of obtaining the necessary documents, then they should be attached to the application.This may be a certificate from the registry office and receipts of payment of state duty. The statement is not a claim and therefore does not require the presence of the plaintiff. After that, a court session is held to establish the fact of the concept of "relationship". If kinship is confirmed, then the court decision allows you to obtain documents in state instances.
When is a DNA test performed?
If it is impossible to establish whether there is a documentary relationship between the applicant and another person, a DNA test is performed. This is a medical examination, which makes it possible with almost 100% probability to reveal the fact of blood connection between the applicant and other people. Material for DNA test are:
- blood;
- earwax;
- saliva;
- hair;
- nails
- seminal fluid;
- scraping of epithelial cells.
The latter type of material is the easiest and most hygienic way of selecting material that the applicant can select on his own. To establish family ties between the applicant and other people, it is not necessary to give the same material for examination. The main thing is that samples from different people should be packed in individual paper envelopes. This eliminates the fact of transferring biological data from one material to another. For examination, material can be taken not only from a living, but also from a dead organism. In the latter case, the exhumation of the body is carried out only with the permission of the court.
DNA analysis is carried out by independent medical centers, and the cost of the service is paid by the applicant. Prices for the procedure depend on the place of residence of the applicant. In Moscow and the region this is about 12-16 thousand rubles. Another fact affecting the price is the voluntary nature of the person, the relationship with which must be established. If he refuses, then the price rises by almost 50%, and the analysis is carried out in court.
In addition to cases of kinship, a DNA test is used in the analysis of biological evidence in forensic science and genetic analysis of bone marrow cells during transplantation.
