What is the presumption of paternity? This is a very interesting question that many citizens of our state ask. So, the presumption of paternity is a legal statement that the baby’s father is the legal husband or former spouse of the mother of the latter, given the fact that no more than three hundred days have passed since the divorce. You will find out detailed information on this issue in the process of getting acquainted with the article.
Briefly about the main thing
Every child has the right to have a full-fledged family in which there is a mom and dad. Nevertheless, fathers themselves are not always willing to acknowledge, much less raise their own children, who were born not only in a civil, but also in a legal marriage. Why is this happening? The fact is that some men do not want to take responsibility for the family. In this case, legislation comes to the aid of women.
There is such a term as the presumption of paternity. But what does he mean? The presumption of paternity is the official recognition by the pope of the baby of the spouse of the mother if the citizens are married, registered in the registry office. In addition, if the husband and wife divorced, and the child was born within 300 days after their separation, the ex-husband of the mother of the newborn will also be recognized and entered into the birth certificate. This is the order.
Is it possible to prove the opposite
Earlier it was written about what the presumption of paternity is. The child will be the son or daughter of the man who was or is legally married to his mother until the alleged dad of the baby himself proves the opposite. After all, situations in life are different. For example, if a husband and wife did not live together for a long time and they did not have an intimate relationship, then the legal spouse of the latter simply cannot be the father of her child. In this case, the latter will have to challenge in court the fact that he is not the biological dad of the baby and therefore is not obliged to take care of him and provide him financially. But, as practice shows, without a serious approach to this issue and due evidence, such a case is almost impossible to win.
Nevertheless, it’s worth trying. In order to challenge his paternity, a man will have to file a lawsuit in a court of general jurisdiction.
In addition, you need to be prepared for the fact that you have to spend money on DNA testing. After all, the judicial authority in such a situation will stand in defense of the interests of the minor. Therefore, the plaintiff will have to carry out an examination of kinship for his money. Unless, of course, the court itself, having evaluated the evidence presented, decides to conduct DNA at the expense of the state.
Difficulties
How long is the presumption of paternity valid? The answer to this question is quite simple. The father of the child born in a legal marriage, or within three hundred days after its dissolution, will be the current or former official spouse of the mother of the baby, until the latter proves the opposite.
Difficulties may arise if the baby's mother is against conducting a paternity test. Moreover, if all the data indicate that the father of the child is her legal husband or former spouse with whom they broke up, and the woman gave birth to a child (after nine months). In such a situation, it is difficult for a man who is not the biological father of the child, but recognized by law, to prove the opposite. This must be taken into account.
Presumption of paternity in marriage
After citizens have entered into an official union in the registry office, they become a family and acquire certain rights and obligations to each other.If a spouse gives birth to a child in a legal marriage, then the husband of the mother of the baby is recognized as his father.
To obtain a birth certificate for a new family member, you must contact the registry office at your place of residence and provide:
- passports of both parents;
- Marriage certificate;
- a certificate from the hospital, in which both parents who are the mother and father of the newborn will be entered.
No other documents are required in this situation. Indeed, the fact that the child’s parents are officially married confirms by law that the father of the baby is the husband of his mother. All young parents must be aware of this.
For information
Once again, I would like to dwell on such a term as the presumption of fatherhood. The spouse of the mother of the child will be considered the official father of the baby when the baby is born into a legal marriage or within three hundred days after its dissolution, unless, of course, the parties prove otherwise. All citizens need to know this.
The thing is that many women after a divorce from their previous partner begin a relationship with another man. At the same time, the new couple is in no hurry to register their union officially, even when they have a baby. Therefore, very often former husbands become fathers of other people's children.
What should the parties do in this situation? A woman who is in a position from another man, but not from her ex-husband, needs to formally formalize their relationship with a new partner. This is necessary so that the real dad is inscribed in the birth certificate of his child. Because there is a high probability that the ex-spouse of the mother of the baby can become a father according to documents.
If the child was born, but the couple did not sign, mom and dad need to come to the registry office and write a statement that the father of the child is recognized as a new partner for the mother of the newborn, who is his biological father. In this case, there will be no problems if more than 300 days have passed since the divorce from the ex-husband. This must be remembered.
Small characteristic
The presumption of paternity of the spouse of the mother in relation to a child born into a lawful marriage is established on the basis of documents confirming the fact that the parents of the baby are official husband and wife. In this case, no other papers are required to be submitted to the registry office.
In the event that the spouse of the baby’s mother died and the baby was born within three hundred days after his death, the deceased husband of the baby’s mother will be included in the birth certificate. That is the law. The child in this case will be able to receive a pension for the loss of the breadwinner instead of alimony, because his dad died before the birth of his heir.
In addition, I would also like to say here that men recognized as the legal fathers of their children should take care of them, engage in their upbringing and development, and provide material support for their offspring until they come of age. This is the direct responsibility of all popes under the current law.
Nuances
Here I wanted to raise the issue of establishing the origin of children. The presumption of paternity, as a specific legal term, once again confirms the fact that a child born in an official marriage automatically acquires the right to the name and patronymic of his dad, the legal husband of the mother, regardless of the desire of the man himself. But if the wife of the latter had a close relationship with another person, and the newborn is not his child? In this case, the deceived husband will have to file a lawsuit with the court and challenge his paternity. In addition, you need to ask the court to conduct a DNA examination. In a number of cases, such issues are resolved in such a way that the new lover of the woman and the real father of the newborn himself file a lawsuit in court to recognize him as the baby's dad. It all depends on the situation.
In the event that the baby was born out of wedlock and his father is not going to recognize the baby, the mother of the newborn needs to go to court to establish paternity and recover child support. This must be remembered.
Unwillingly
The presumption of paternity is valid for the time until the man, automatically recognized as the father of the child, is proved otherwise in court. Therefore, if the ex-husband of the infant’s mother decided that he would not help the ex-wife and his step-mother financially, the latter should be prepared for the fact that child support will be collected from him by court order. Because he is the legal breadwinner of the newborn.
In the event that a person who automatically became a father by the presumption of paternity proves the opposite through the court, child support payments will be terminated. But no one will return the previously transferred money for the maintenance of the baby to him. Because in this case the rights of a small, innocent person will be violated. You need to know this.
A little bit about everything
It is good when each baby has a full-fledged family and loving parents, regardless of whether they are relatives or not. Therefore, for many real men, the very fact that a newborn child is not blood-related does not become an excuse for abandoning him and not taking care of him. However, this is not always the case.
But what to do if a woman gives birth to a child in marriage, but her husband, although he is the father of the baby, does not live with her and the baby in the same territory and does not provide for her family financially? In this case, you need to file for child support. The most interesting thing is that not only the child, but also the legal wife has the right to receive maintenance from her husband until the common baby is three years old. All women should be aware of this.
Total
The presumption of paternity is the automatic recognition by the baby dad of the man who is legally married to the newborn’s mother or has divorced her, but no more than 300 days have passed since the termination of their relationship.
How to prove that another man is a biological father? This is a very interesting question, which very often many citizens turn to professional lawyers. Here you need to file a lawsuit challenging paternity. But this applies to those cases when a man is not really the father of the child and wants to prove it in court. Otherwise, there is simply no point in this procedure.