A statement of claim to challenge paternity, a sample of which is always available at the civil registry office and in court, is submitted in strict accordance with the law of the Russian Federation. The procedure is quite unpleasant for all participants in the process, especially for the child, if he is at a conscious age. In judicial practice, this is often found. It is unacceptable to challenge the fact of a legitimate parent if the child appeared in a marriage where the father knew that he was not blood. Consider the options when such a statement is valid for children.
Norms of law in the legislation of the Russian Federation
You can cancel your obligations to the child only to terminate legal relationships by drawing up a statement of claim to challenge paternity. A sample is given below:
Based on the norms of civil and family law, women are less likely to undergo this procedure, since the mother carries and gives birth herself.
Naturally, for many, the fact of establishing biological kinship remains a question. Therefore, in practice, 98% of men who doubt their family relationship with a child turn to medical institutions and laboratories for examinations. In case of refusal of the mother of the baby from this test, she is summoned to court and a forced DNA test is prescribed.
A woman has the right to refuse this, or rather, not to give the child for verification, since until her 18th birthday she is the legal representative of his rights and interests. This is not a judicial refusal, but a legal measure, which is fixed in the Civil Code and the Constitution of the Russian Federation. It is quite difficult to draft a model statement of claim challenging paternity so that the court goes to the compulsory appointment of testing.
Lack of relationship with mother
If the mother is not native, then the fact of registering her as a parent is excluded, since the mother writes the mother in childbirth. There are other cases when a woman abandons a child, but then decides to get it back, but more on that below. Men have much more opportunities to become fathers to their native and step-children, which is why controversial situations arise.
When can I go to court?
The refutation of paternity and the records of the act reflecting the participation of a man in the birth of a child is possible if there is doubt that he is a blood parent, which has already been confirmed. You can verify this fact after passing the examination. To do this, draw up a statement of claim based on the sample to challenge paternity. If the grounds are not confirmed, then you can take the test in court.
The reasons are different. If a woman is pregnant at the time of marriage, then by all moral standards a man should be aware of this.
It is important to know that at the time of the birth of the child, the husband is automatically entered in the birth certificate, even if the baby dies later or is born prematurely. Of course, the spouse may not know about the pregnancy of her chosen one, if the painting occurred during the first trimester, but the fact of deception also needs to be proved.
A citizen may voluntarily recognize a child as his own, when all parties know that people are not relatives. In such situations, the husband can then divorce his wife, at the same time canceling his paternity, leaving the woman a single mother. This procedure also takes place by filing a claim challenging paternity from the father. A sample letter is compiled below.
Reasons for men to abandon children
In judicial practice, there are three main reasons why men most often apply to higher instances and the Supreme Court to challenge paternity in court. At the moment, samples of statements of claim to challenge paternity have been drawn up in the Russian Federation and the Republic of Kazakhstan. The following are noted in the legislative document:
- The actual dad can try to appeal the acts of birth in the birth certificate for the release of the count, where the father is recorded as the biological father, but he does not participate in the life of the baby.
- Do not confuse the procedure with the deprivation of parental rights due to non-payment of alimony. For example, such a statement of claim in the Republic of Kazakhstan on contesting paternity will simply not be accepted. Here we are talking only about the registry office. A blood relative could even disappear when he learned that he would become a dad.
- For some reason, a woman may demand the exclusion of a man from the records of the act, referring to the fact that the child is not his own. To do this, enclose a completed ready-made sample of a statement of claim challenging paternity from the mother.
- Third parties who have the right to refute the fact of kinship of parents to terminate legal relationships. These persons may be: the mother, the father himself, the representative of the interests of the child, the child himself at the age of 18 years or the guardian who raised him to adulthood. True, according to the established model, the statement of claim challenging paternity from the biological father is no longer accepted. Only the child can start the procedure.
The process of challenging paternal and maternal affiliations has no statute of limitations, therefore, after decades, you can go to court to initiate such an investigation.
For example, a child 25 years later found out where his father lives, and decided to establish a relationship with him. When passing the DNA examination, if the test results are positive, then a decision is automatically issued on making amendments to the act records with a note that paternity is established. Along with this, child support is calculated, which a man will have to pay for all 18 years. Dad cannot refuse a “proven” son or daughter. The following is a sample claim from the mother. When challenging paternity with a biological dad, a woman can draw up such a document and submit it to the court.
Legal relationship between relatives
After confirmation of kinship, legal relations arise. The child regains the rights and obligations in relation to the found dad. The father can also establish his relationship at any time when he needs it. Of course, an example of a statement of claim challenging fatherhood from a father with expertise is difficult to find to indicate the situation. Therefore, in some unusual cases, it is best to contact a family lawyer. For the examination, blood is taken from a potential father and child. Sometimes they can carry out the sampling of this biomaterial from the mother. The tubes are immediately sealed and sent to the laboratory. If a coincidence of 99.75% is found in a man and a baby, he is recognized as a father. If the blood was taken from the mother, the coincidence should be 99.9% to recognize the fact of paternity. A sample application for the examination is given below.
Limitations
The Family Code sets certain restrictions for people who would like to terminate their family relationship with a child:
- A man who knew that the child was not his, but agreed to become a father without entering into a legal marriage with the mother of the child.
- In court, it will be necessary to prove that the man learned about the lack of relationship after this consent to the recognition of the child.
It is difficult to prove this, but it is impossible to convince the court, because outside the marriage, a born child does not automatically receive father's data.
Some judges will believe that a man needs material support from a minor, as well as during his retirement. As you know, children should take care of their parents financially. However, the heir has the right to refuse such a parent.
An adult needs to independently express a desire to become a parent. It will be difficult to refute your initiative later, even if a statement of claim has been drawn up to challenge paternity and to cancel child support according to the model, as prescribed by the court.
Possible ways to cancel kinship for some categories of fathers
A parent can try his luck on the basis of the law and provide evidence to the court if the child was conceived by IVF or if another man needed materials for his appearance. At the same time, both spouses agreed to this by displaying it in writing.
If a child was created artificially and born as a surrogate mother, the father does not have the right to challenge paternity, since his cells are considered essential for conception of the fetal egg of his mother. A surrogate woman is a body for bearing. She may not have any biological relation to the baby.
A person who does not have a procedural right cannot submit documents for registering a statement of claim challenging paternity. A document must be received from the biological father, which is registered in the registry of the court.
It is important to know that surrogacy in the Russian Federation is prohibited by law. If this medical fact was carried out outside the country where it is allowed, then you can try to appeal your paternity in the country where it was made.
Dispute Procedure
The procedure for such an act is provided for by law. Parents can, in accordance with the law, perform the following actions:
- The procedure begins with a statement of claim for the dissolution of the marriage or immediately to challenge paternity, as well as with the payment of state duty in the amount of 300 rubles. Any activities related to the registry office are decided in court, regardless of whether the mother, the blood or actual father appeals to appeal paternity and the desire to adopt someone else's child.
- As the main (primary) evidence, witness testimonies, video recordings and written acts can be used.
- An examination may be carried out before a court hearing. You can also apply for her during the trial.
- If the father does not want to undergo an examination, but refers to his arguments in order to challenge the fact of kinship, the defendant may give his arguments. The court may recognize them as solid.
The following is an example of a statement of claim on behalf of a father:
“___” _________ ____ between me and the defendant _________ (full name) registered marriage. Since "___" _________ ____, we do not live together because of _________, the marriage relationship between us is terminated. Since that time, we have not conducted a joint farm, although the marriage has not been officially dissolved.
“___” _________ ____, the respondent had a child _________ (full name), about which the act of record No. ____ from “___” _________ ____ was made in the registry office _________ (name of registry office). Since at the time of the birth of the child we were married to the defendant, on the basis of Part 2 of Article 48 of the Family Code of the Russian Federation, I am indicated as a father, but I am not a biological father. My name and patronymic are unreasonably assigned to the child. This is confirmed by the fact that _________ (indicate why the plaintiff does not consider himself the father of the child).
Involving a child in proceedings is not an imperative outcome. This can only happen if he turns 10 years old.
Court decision and further actions of the spouses
If the claim is satisfied, a court decision shall be issued. On its basis, records are excluded from the birth certificate of a child.
Within six months, the former husband may change his mind and again enter into legal paternity. Recovery of alimony is renewed if the spouse is divorced.
The mother has the right to appeal even a state independent positive examination, where the plaintiff does not appear as a father.
Child's opinion
If the dependent is 10 years old, then on the basis of Article 57 of the RF IC and paragraph 8 of Article 16 of the Decree of the Government of the Russian Federation, the child is obliged to give his testimony and comments on the present case. When he comes of age, he can independently dispute the paternity of the parent if he does not like the way his stepfather treated him, having previously drawn up guardianship over him in the form of recording his data in the “father” column. To do this, you must:
- Make a statement (in accordance with article 131 of the Code of Civil Procedure of the Russian Federation).
- Attach a copy of the birth certificate.
- Attach a receipt for the payment of state duty in the amount of 300 rubles (according to paragraph 3 and paragraph 1 of Article 333.19 of the Tax Code).
- Attach evidence that his father does not have relatives (according to Article 55 of the Code of Civil Procedure of the Russian Federation).
Evidence may be the testimony of doctors and obstetricians, relatives and other persons who have reason to confirm the fact of lack of kinship. A person’s testimony may be considered an argument if it is based on confirmed information. In this case, it is impossible to hold people accountable for giving false information.
On the basis of Articles 28, 29 of the Code of Civil Procedure of the Russian Federation, a child may appeal to a district court and request DNA testing there. If the party evades, the court takes into account other evidence, and also checks the benefits for those who refuse to test.
For example, a man took care of a child all his life, kept it, and now he must lose legal force, not count on help in old age. Of course, if the stepfather treated the child badly, the court will satisfy the claim of the plaintiff, who does not want to be native to a stranger. If an improper relationship is revealed to a man, a ban is issued for a period of 5 years for adoption of children.
Further procedures
Any positive court decision requires further action. If the examination was needed to check the relationship, and not to convince that the child can be abandoned, the next step will be to visit the registry office, where you need to provide
- Passport, birth certificate.
- A receipt for the payment of a fee in the amount of 650 rubles on the basis of clause 5 clause 1 of article 333.26 of the Tax Code.
Documents are sent to the district office at the place of registration of the child in accordance with paragraph 1 of Article 71 of the Federal Law No. 143 of the Russian Federation.
Within one month from the date of filing the application, a new birth certificate is issued with the amendments taking effect.
Fathers rarely turn to the competent authorities to appeal a court decision, as this is a lengthy and painstaking process. Sometimes people lack simple confidence, since many believe that law and court will be on the side of the mother. This is not true. It is worth agreeing to an examination if there are good reasons.