A certificate of paternity can be obtained from the registry office as confirmation that the man has officially become a father. We are talking about the legal execution of a document on the basis of a birth certificate for a newborn. Blood relationship does not require proof and a DNA test, but if the couple is not married, a man should recognize a baby only by submitting documents and applying for recognition of his heir. In the case when the baby is not bloody, a man who has married a mother who has given birth can also arrange paternity in the same way as in the case of a baby.
Paternity Rights
The testimony of the child, where the father is already inscribed, gives him the same rights as the blood heir. The baby also has rights and obligations regarding the parent. Subsequently, he can refuse it, due to the lack of blood connection, despite the fact that the parent can present a certificate of paternity.
Such an opportunity is provided for the step-father. However, this is not always the case with relatives in practice, especially when it comes to the child. In fact, if the baby is not native, then theoretically, dad can refuse him, so as not to pay child support.
- Suppose he acknowledged the fact of fatherhood and married a woman who has an heir from another man. In the event of a divorce, she may, on the basis of a certificate of paternity, receive compensation and alimony.
- If a man cancels a document and invalidates paternity on the basis of a non-kinship relationship, then he should not pay anything.
Such moments are quite rare in judicial practice.
Where and how to get a document?
A certificate of paternity does not affect the educational process. It is necessary for the formal preparation of all documents for the child. The paper will be considered official confirmation that this particular man is the pope and he represents his interests.
- Based on the certificate, he can exercise his paternal rights in full if he wants to.
- A mother can also exercise her rights: apply for alimony, demand support for the baby and his living with his father. In this case, the very certificate of establishing paternity will be needed.
Knowing why a certificate of paternity is required for a parent, a positive outcome of intentions can be assumed.
Legality in the absence of a document: is it possible to do without it?
According to article 47 of the RF IC, the birth of children must be certified, that is, spouses must be married, at least. What does it mean?
- A man before or after the birth of a child must first sign with his mother, then to produce a certificate, instead of the data taken in the hospital, bring a paper stating that he wants to recognize his child.
- After that, a certificate is issued, and on its basis a document confirming kinship is produced.
Here's how to get a paternity certificate after undergoing DNA testing.
Grounds for applying for a certificate
Several aspects are considered grounds for recognition, which must be observed in order for the newborn to be issued:
- More than 300 days have passed since the divorce of one of the spouses.
- Less than 300 days have passed since the marriage - the ex-spouse writes a refusal statement that the child is not his (such rules are provided, since the ex-spouse can be pregnant from her ex-husband, being at the stage of the divorce process).
- The death of the spouse with whom the man was married.
Also in practice, there are cases when a woman receives benefits in the situation of a single mother and intentionally does not register the man as fathers, although they may be blood relatives.
In such cases, obtaining a certificate of paternity is done in court. Rarely, it is possible to obtain the consent of a judge to undergo a medical examination for recognition of people as blood relatives, that is, biological.
Document receipt process
If the conditions are met, then how to get a document? There are several options:
- Parents jointly apply to the registry office to submit an application.
- If the father does this himself, then he must obtain permission from the guardianship authorities, but the mother should not be at all: she died during childbirth, went missing (some time after the birth of the baby), is incapable or has lost the ability to perform basic functions of movement, thought) or deprived of parental rights (no matter on what basis).
- Filing a lawsuit in a district court to obtain a court decision on consent to establish paternity by obtaining a certificate bypassing DNA testing.
At this point, the procedure in order to receive the document is considered completed. The father can pick up the paper at the registry office at the place of registration of the mother or child.
Thus, without entering into marriage and recognizing the child, the man receives a document on the basis of which the child acquires his last name and patronymic. You can give a middle name to grandfather (on the maternal side), if the father does not immediately decide to recognize the baby. At the same time, a state duty is paid, and the old certificate is canceled. For traveling abroad, being out of wedlock, the document should be translated into English and the authenticity of a copy of the translation must be certified by a notary seal.
How to restore help?
If the document is stolen or lost, you must go to the department of the registry office where the newborn was registered. If dad does not know how to restore the certificate, you should first properly fill out an application form for making a duplicate.
- The right is given to those parents who are not deprived of parental rights. This is a necessary condition, and its absence may affect the rights of the father and child.
- A citizen has the right to make an application through the MFC single window with the provision of a child’s birth certificate.
You will also need to make a copy of the package of documents of the spouse to get a certificate on the issue of a copy of the certificate. It is necessary for the hospital, where records are made about the child. In case of repeated loss, a copy of the duplicate is issued. However, on this basis, a man will not be able to issue maternity allowance in his own name. It is worth remembering what the certificate of the establishment of paternity means and how much role it takes in the workflow.
All duplicates have a specified expiration date, like a birth certificate, - then upon receipt of an identity card by a child, the certificate and a duplicate of the paternity certificate lose their validity, and parenthood records are entered in the established form in the registry database and home book.