The procedure for establishing paternity in the registry office: application, documents

If a woman gives birth to a baby without an official marriage, it is she who makes the decision as to whether the father will be indicated in the birth certificate of the child. Often, this column remains blank, so a woman is recognized as a single mother. A man who is the father of the baby may voluntarily decide to officially become a father. For this, paternity is established in the registry office. This procedure is carried out exclusively on a voluntary basis.

Process concept

The establishment of paternity in the registry office is represented by a procedure in which a man willingly wishes to assume responsibility for his child. Only under such conditions does he have the legal consequences of fatherhood. The main nuances of the process include:

• a man has responsibilities for the care and material support of the child;
• the father of the child becomes his first degree relative;
• if for various reasons he refuses to spend his money on the baby, then the mother can sue to collect child support;
• a man becomes the heir of the child, as well as all his property after death will be transferred to the rightful heir;
• a man, upon reaching retirement age or registering a disability group, has the right to require an adult child to pay child support.

All the above consequences arise immediately after the establishment of paternity legally. After that, a man has certain responsibilities and rights in relation to a child. He can take part in the life of his baby, and also prohibit him from leaving the country if there are good reasons.

The nuances of the process

The establishment of paternity in the registry office has some features. These include:

• the procedure is performed exclusively on a voluntary basis;
• it is impossible to challenge such fatherhood in solitary order;
• even if there is evidence that the other man is the biological father of the minor, the person indicated on the birth certificate of the child still remains his legal representative.

If any controversial issues arise, they are resolved in court. At the same time, representatives of guardianship authorities, prosecutors and judicial authorities always take into account the interests and rights of the child.

What are the requirements

The establishment of paternity through the registry office is allowed only when certain conditions are taken into account. These include:

• the process requires good reason;
• permission from the mother is required, represented by a statement that can be written jointly by the parents;
• a woman must agree to this procedure, otherwise a man will have to establish paternity through a court;
• it is important to collect various documents that confirm the legitimacy of the procedure;
• if a man wants to admit that he is the father of an adult citizen already, then the consent of an adult child is required;
• if the child is a minor, then the presence of the mother is mandatory.

Therefore, a man who wants to officially confirm that he is the parent of a child must prepare in advance for this procedure.

What documents are required?

Documents submitted by the following papers are required to establish paternity in the registry office:

• a statement drawn up by the mother, father or both parents;
• copies of passports of parents;
• if the process is performed for a newborn baby, then a certificate obtained from the hospital is required;
• receipt of payment of a fee equal to 350 rubles;
• if the baby is not yet 10 years old, then written parental consent is required to establish paternity;
• in addition, it is required to obtain permission in advance from the guardianship authorities, whose representatives carefully check the man to make sure that he is really ready to take responsibility for the care and material support of the child.

The above list is not exhaustive.

What other paper might be required?

In addition, other documents may be required, depending on the circumstances. This is especially true of the situation when paternity is established in the registry office for an adult child.

If a man visiting the registry office does not have all the necessary documents, then the employees of this institution will refuse to accept and register the documentation. If the mother does not agree with the registration of the establishment of paternity in the registry office, then the man will have to contact the judicial authorities.

How is the process performed?

The procedure for establishing paternity in the registry office is considered a simple process. To do this, the standard actions are performed:

• initially, parents prepare a statement in which they express a desire to indicate a particular man in acts of civil status as the father of a particular child;
• you can take the form of such an application directly from the registry office employees;
• copies of the necessary documents are prepared, as well as originals are prepared, which will be studied by representatives of the institution;
• registry office employee checks all documents received;
• copies are verified with the originals;
• a day is appointed when a man can return to the organization for confirmation of paternity;
• verification of all received documentation;
• if a positive decision is made, the applicant receives a certificate confirming his status;
• This document indicates information about the man and his child;
• information on the legal father is entered in the birth certificate of the baby.

In fact, the procedure is considered quite complicated for the registry office employees. This is due to the fact that they have to study many documents, as well as make sure that the mother of the child agrees to the procedure. Only under such conditions is the legal establishment of paternity in the registry office. Family law contains information about what consequences in this case the parents of the baby have to face.

When doesn’t mother consent?

It is allowed in some situations to establish paternity in the registry office using a statement drawn up exclusively on behalf of the father. Such cases include the following circumstances:

• the man is the legal husband of the mother of the baby;
• there is permission for this process from guardianship authorities;
• a woman acting as the biological mother of a minor was deprived of her rights to the baby for various reasons;
• the mother dies or is considered missing;
• there is no information about exactly where the woman is;
• mom is recognized as legally incompetent.

Any of the above reasons should be confirmed by official documents, which together with the application are transmitted by the man to the registry office. The most important is the permission received from the guardianship authorities. If this document is missing, then the probability of rejection is high. In this case, the right to raise a child will have to be proved exclusively in court.

When can I apply?

Voluntary establishment of paternity in the registry office can be carried out at different periods of time. A man can freely declare his rights to a baby in the following situations:

• the woman is pregnant, and in this case, the parents voluntarily want to accept responsibility for the baby, but at the time of the birth of the child, the man will be absent from the city for various reasons to submit a joint application, for example, he is serving in the army or in prison;
• immediately after the birth of the baby;
• at any other time period, when the man has the corresponding desire and there is the consent of the mother to register.

With the consent of the mother, the procedure will not be difficult. To do this, you only need to prepare the necessary documents and correctly draw up statements. The sooner the process is completed, the less different certificates will have to be transmitted to the registry office employees.

Application Rules

The application for establishing paternity in the registry office is transmitted along with other documentation. You can get the form of this document directly from the employees of the institution. The application has a standard form. The following information is entered into it:

• name of the registry office;
• surnames and other information about parents;
• The reasons for establishing paternity are described.
• links to various legislative acts confirming the legality of this procedure are left;
• All documents attached to this application are listed;
• passport data of parents are entered;
• the place of registration of the man, his nationality and citizenship are indicated;
• information is provided on whether the parents are legal spouses or are divorced;
• it is prescribed whether the name of the child will change after the establishment of paternity;
• It is indicated when the baby was registered in the registry office.

This statement is signed by both parents, but in some situations only the father’s signature is permitted. If there are even the slightest inaccuracies or errors, this may become the basis for the refusal to establish paternity.

Reasons for refusal

There are several reasons under which registry office employees may refuse to establish paternity. These include:

• all the necessary documents for the implementation of the process are missing;
• the mother of the child is categorically against recognition of paternity;
• documents submitted for consideration revealed various inconsistencies or errors;
• in the registry office there is already a record that the father of the child is another person;
• Consent from representatives of guardianship authorities was not obtained in advance for the procedure;
• the biological father of the child is declared legally incompetent;
• the citizen applying is registered with a drug dispensary;
• previously, a man was held accountable for violence committed against a minor or his mother.

Sometimes mothers think about how to cancel the establishment of paternity in the registry office. There may be various reasons for this. The process can be carried out only through the court, as well as in the presence of official evidence of the legality of the procedure. During the trial, all circumstances that may become the basis for the abolition of the established paternity are evaluated.

Conclusion

The establishment of paternity through the registry office is possible only with the voluntary execution of the process by a man. There must be consent from the mother of the child and the guardianship authorities. The procedure requires the preparation of certain documentation and the preparation of a statement.

If for various reasons a man is refused registration, he will have to go to court.