According to Art. 47 SK, as a proof of the origin of the child from certain persons, there is a mark in the Book of birth records. It is made in the prescribed manner. However, the law provides for the contestation of paternity (motherhood). This feature is set in Art. 52, p. 1 of the UK. Next, we will examine how the contest of paternity is carried out at the request of the father in a judicial proceeding.
Limitation period
The CoBS (Article 49, paragraph 5) previously provided for a period during which it was possible to challenge paternity. Judicial practice today is based on Art. 52 SK. It does not have a one-year limitation period by which it was possible to apply to an authorized authority. In this regard, the rigid framework for the implementation of the legal right to challenge paternity in court has been eliminated. Along with this, the requirements present in Art. 49, paragraph 5 of the CBS, shall apply to cases of appeal of entries made in the Book of Births regarding children born before March 1, 1996. According to the provisions, the contestation of paternity in these cases should have been carried out within a year from the moment when the person could become or became aware of the appearance of a mark in the Book.
Reasons for appeal
A statement of claim challenging paternity is filed in cases where the person who is not the actual person is recorded as a parent. Such situations occur, for example, when the husband was at the time of conception of the child on a long trip. Challenging paternity may also occur if the person cannot be a parent for health reasons.
Specificity
The challenge of paternity is the requirement to cancel the mark made in the Civil Registry Office book and to introduce new data. Exclusion and replacement of records is carried out only in accordance with the procedure provided for by law. To cancel the record, a court decision must be made to contest paternity even in cases where all participants in the legal relationship agree to make changes. The obligation to appeal to an authorized instance for consideration of a case is established in Art. 47, paragraph 3 of the Civil Code.
New provisions of the UK
The Family Code has significantly expanded the circle of individuals who can file a claim challenging paternity. So, together with persons recorded as parents in the Civil Registry Office Book, the curators (guardians) of the child can appeal the information. This right is also enjoyed by children themselves who have reached 18 years of age. The guardians of a parent considered legally incompetent also have the opportunity to go to court. Grandparents do not have such powers. This is due to the fact that actions aimed at deleting a record are a personal matter of those persons indicated in the Book as parents. An exception is when grandparents act as legal guardians of a child of a minor mother and father (under 16 years old).
Tasks of the authorized instance
Considering the requirements, the court is obliged to establish the conformity of the mark made by the registry office with the actual origin of the minor. This means that you need to find out if the recorded parent is biological.The court will take into account any evidence provided by the parties that can reliably confirm the origin of the minor from a certain person.
Limitations
There are a number of cases in the law when it is impossible to exercise the right to challenge paternity. They are defined in Art. 52, p. 2-3 SK. The essence of the restrictions is that some people cannot refer to the absence of consanguinity with the child as the basis of their requirements. According to Art. 52, p. 2 of the UK, the claim for contesting paternity will not be satisfied if it is filed by a person who is not married to the mother, but recorded as a parent and who at that time knew that he was not in fact. In this case, information was entered on a personal or joint (with the mother) application. Also, this restriction applies to cases where the recording was made by a court decision without consent guardianship authority to establish paternity at the request of the parent. This rule is aimed at protecting the legitimate interest of the child.
It is assumed that a man, making a decision to formalize paternity, understands all its legal consequences, even taking into account the fact that he is not a biological parent. Therefore, the law prohibits arbitrarily changing one’s initial position in the future. In such cases, it is not allowed to withdraw the application, which has already been submitted to the registry office, on the establishment of paternity after registration. However, the Code allows exceptions. In particular, the person recorded by the parent in the Book may challenge the entry of this information if he filed a statement on the establishment of paternity under the influence of violence (threats) or in a state where he could not give an account of the actions taken and direct them. Thus, in these situations, the will of the man is violated.
Also, the father’s demand will not be satisfied if, as his foundation, the citizen refers to the fact of using artificial insemination or to implantation of an embryo, if he has previously given written consent to perform these procedures.
Surrogacy
The law does not allow contesting the actual origin of a child who is born and born to a surrogate mother after an entry has been made in the registry office. Thus, this fact cannot be invoked and cited as the basis of the requirements. Of great importance in the introduction and application of this norm is foreign experience. In some countries, such situations are quite common, and some of them have become the subject of high-profile proceedings.
Important point
In considering claims to challenge paternity, the court must take into account the rule given in Art. 57 SK. It establishes the right of the child to express his opinion in proceedings that affect his interests. If the requirements are satisfied, previously entered data in the Civil Registry Office Book are excluded. 
Disputes of paternity: sample
Consideration of requirements is carried out in the district authorized authority, located at the place of residence of the defendant. The applicant must pay the fee. To his requirements, he must attach documents confirming his claims. Also, the applicant may provide letters to other authorities, involve witnesses in the proceedings.
In such cases, as a rule, a card is requested for the pregnant woman and the woman in labor from the corresponding medical institution. This procedure is carried out by requests for evidence. If the submitted documents are insufficient, the person concerned may require a genetic examination.
The application is compiled in accordance with the general rules. The upper part indicates the name of the authority authorized for consideration, full name and the addresses of the plaintiff and defendant. The document contains the circumstances of the case.They should be indicated in chronological order, starting with marriage. Further, facts indicating the termination of the union may be indicated. After that, data on the birth of the child (s) are provided. Then, the number and date of making the corresponding entry in the registry office book are indicated. After that, in fact, the grounds for the challenge are set out. The plaintiff points to the fact that there is no blood relationship with the child, the unreasonableness of making a record, the reasons and evidence that he is not a father. In conclusion, references are made to articles of the UK and the Civil Code that give the right to protect their interest. Following this is a list of annexes to the application. At the end, put the number and signature. 
Establishment of paternity (motherhood)
The definition of motherhood is quite simple. To establish this fact, a corresponding certificate is requested from the medical institution in which the birth was made. A man who is married, and also within no more than 300 days from the moment of its dissolution, will in any case be recorded as the child's parent in the Civil Registry Office Book and birth certificate.
The establishment of paternity can also be carried out by filing a joint application. It is considered legal if the man is not married, but recognizes himself as a parent on a voluntary basis. Also, the determination of paternity may be made in accordance with a court decision. This is the case if a man, with respect to whom there is reason to believe that he is a biological parent, is alive by the start of the proceedings, but there are a number of obstacles. These include, in particular, the reluctance of a person to submit a voluntary application to the registry office or the mother’s refusal to recognize him as a father. If a man is alive at the time of the trial, then the fact that he is a biological parent is established in the order of special production.
