Establishing the origin of the child is an important issue that interests many citizens. After all, biological parents do not always recognize their kinship. Therefore, it is sometimes necessary to prove it in one way or another. Usually men refuse children in Russia. So the establishment of paternity plays a much more important role than motherhood. Parents, as a rule, on the contrary, fight for their babies. In addition, they are trying by all means to find the biological father and recognize him as a real parent. But there are also refuseniks among mothers. Therefore, the problems of establishing the origin of children are of concern to many. Life is an unpredictable thing. And you can’t say exactly how to act, what to prepare for. 
General concepts
The first step is to understand what will be discussed at all. What is fatherhood and motherhood? What definitions are given in the laws of the Russian Federation to these terms? After all, all this is important to know and understand. Only then the establishment of the origin of the child can be called conscious. So, motherhood is the origin of the baby from a particular woman. That is, the birth of a child by some lady, the biological relationship between the parent and the baby. But not in all cases it is possible to give a similar interpretation of the term. For example, with surrogacy, the concept does not work.
Paternity is the birth of a child from a particular man. If it is still possible, as a rule, to establish motherhood without any special problems, then sometimes there are problems with determining the baby's dad. Especially when he in every possible way evades parental obligations and does not recognize the peanut. This is not such a rare occurrence. But it is possible to conduct a forced determination of the origin of children. Parents in this case are held accountable for raising the baby in court.
Grounds for Maternity
The first thing you should pay attention to mothers. After all, they are for the newborn - this is the whole world. What is the procedure for establishing the origin of children, or rather motherhood? It all depends on what kind of case takes place for a particular baby, whether a woman recognizes for herself the fact of her birth of a baby or not.
If so, then there are usually no problems. The basis for establishing the origin of the child from a particular woman is a document that is issued in the hospital. This is usually a birth certificate. It contains information about the mother and baby.
What's next? After discharge from the hospital, a woman must apply with a birth certificate to the registry office. She needs to bring her ID. Parent will be issued birth certificate baby where she fits in as a mother. So there is nothing particularly complicated about this. A birth certificate is usually issued within a week from the date of application to the registry office. But the cases in which a mother does not recognize her child are quite rare. And they will be discussed a little later.
Father married
At the same time, fatherhood is a much more serious moment. And it is installed according to several algorithms of action. Much depends on how the relationship between the mother of the baby and the biological parent was framed.
If you were married, then by default in the column "father" in the birth certificate the legal spouse will be indicated. Even if in fact he is not the biological dad of the baby. But then, when the relationship between the parents was not officially registered, you will have to try to establish the origin of the children.There are several scenarios that will help you understand the question posed.
Laws
It is worth turning to the modern Family Code of the Russian Federation. After all, it is in it that some features of the process are registered. Establishing the origin of children (family law provides for a variety of options for the development of events) is possible even when the parents divorced. How exactly does this process go? If you look through the Family Code, you can find the 48th article, which states that the father of the mother’s ex-husband will be recognized when no more than 300 days have passed since the divorce.
The same applies to cases in which the biological father dies. If 300 days have not passed since this unfortunate incident, then the mother has the right to enter her former spouse in the “father” column. In this case, the establishment of the origin of children, the establishment of paternity, will be carried out without unnecessary proceedings, directly in the registry office. This will require a certificate of marriage or your divorce. There is nothing difficult or special about this.
Civil marriage
But all the features of the process do not end there. In Russia, many people live in civil marriage. And even have joint children. And in this case, the establishment of the origin of the child is possible without judicial debate. But what to do?
Paternity (with motherhood, and so everything is clear, the case is considered when a mother recognizes her child) will be issued on a joint statement. It is written by a woman that has produced a child, as well as her biological dad. Such a document is submitted to the registry office, as a rule, upon receipt of a birth certificate. No problem. Only parental passports and a joint statement are needed. If the mother died, was deprived of parental rights or she was incapacitated, then the baby's father must independently make himself known. And write a statement on your own behalf. But you also need to get permission from the guardianship and trusteeship authorities.
Posthumously
Another scenario is also possible, in which the origin of the child is established. Mothers in this case will have to go to court. After all, we are talking about the posthumous recognition of paternity. Actual for those couples who were married. And nothing more. Mother will have to write a statement to the court. Which one? It all depends on what rights your child will claim. If only for inheritance, then courts of general jurisdiction will do. Otherwise, you need to go to a magistrate's court. Documents you need from you:
- passport (mothers);
- death certificate of biological dad;
- document confirming the birth of a child;
- statement of claim describing your life;
- evidence of kinship with the deceased (letters, messages, statements of witnesses).
A meeting is held at which all case materials are studied. At the end, you will either receive an opinion indicating paternity. Or you will simply be denied recognition. In the first case, after that you will need to come to the registry office to make changes to the column "father" in the birth certificate of the child.
Court and investigation
However, it is not always so easy. More and more often it turns out that the father or mother of the child is alive, but does not want to recognize kinship. In this case, the establishment of the origin of children (the establishment of motherhood or paternity) will occur in a judicial proceeding. If real mom or dad rejects kinship, you will have to conduct an independent examination. Or rather, a special DNA test that can confirm both motherhood and fatherhood. With such a document, you can write a statement to the court, and then just conduct an examination. As a rule, in the presence of the results of a DNA test, there are no problems with establishing who the parents of the child are. So the option is quite acceptable.
But it’s worth mentioning right away that it’s not cheap. And for the DNA test, you will sometimes need to pay not so little money.Nevertheless, if the final goal of the process is to establish the origin of the child, then you can fork out. As a rule, biological materials of both the baby and the potential parent are required for the examination. For example, hair or blood.
Documentation
Now there is a little specificity in such processes as obtaining a birth certificate for a child, as well as establishing paternity / motherhood. What documents will be required for certain cases? We have already dealt with the posthumous option. What about the rest?
In principle, the standard procedure for determining the origin of children takes place in the registry office at the request of the mother, as a rule. In order to fill in the columns “mother” and “father” in the birth certificate of a child, you should bring the following list of documents with you to the appropriate authority:
- passports of parents;
- marriage certificate (or divorce / death of a spouse, if less than 300 days have passed);
- application from the mother for a birth certificate;
- a joint statement from the mother and father of the child to establish paternity (civil marriage).
If you go to court, then you will be required to:
- statement of claim (in it indicate the father / mother of the child);
- evidence of kinship (usually a DNA test);
- birth certificate of a child;
- certificate of marriage / divorce (if any, in relation to you and the potential father / mother);
- witnesses capable of confirming your relationship (in a civil marriage).
After the trial, you should find out what the further procedure for establishing the origin of children is. Usually, you will be issued a court order that states that the parent has recognized / not recognized a citizen. But what to do next?
After the trial
After you receive this document, you will need to contact the registry office. In the same way as with the posthumous recognition of paternity. You can either do it with mom / dad, or on your own. Would need:
- court statement;
- Your passport;
- birth certificate of a child.
This is how the origin of the children is established. Parents (biological) can always be found and recognize paternity / motherhood. Either voluntarily or through court.
