Some couples face a dilemma - there is a need to establish paternity. Many people think that this procedure is associated with paperwork and will take away a lot of time from them, therefore they postpone its implementation. But is it really so? First you need to understand some aspects. For example, how is paternity established in the registry office? Which plan documents will be required? What special requirements exist? What nuances should you know in advance? We’ll talk more about all this in this article.
What is this procedure?
The procedure for establishing paternity today is extremely simple and does not require a lot of time and money spent. For its implementation, it is enough to collect a package of required documents and fill out the corresponding application.
However, it is first important to understand all the nuances of this process. You also need to understand what the fact of establishing paternity will mean directly to the father and what responsibilities this places on him. This is clearly described in the Family Code of the Russian Federation. Among the responsibilities of the father are the following:
- Material support (payment of alimony).
- Transfer of inheritance rights to the child (he becomes the heir to the first category).
- Acquisition of the right to inherit (the father can inherit the property of children in the event of their death, as well as require child support after retirement).
The father receives the right and opportunity to raise a child, take care of his education, protect his interests, and prohibit anything. Subsequently, the man himself cannot subsequently challenge paternity, even if the absence of direct relationship is confirmed. Therefore, this procedure must be approached with all responsibility.
If a man’s knowledge that this child is not from him is proved, then the decision to establish paternity will be valid throughout his life. This is reflected in current legislation. Any government agencies primarily care about the interests of the child.
Who can contact?
Both the father without the child and both parents together can declare their desire to establish paternity. In the latter case, you will need two signatures certifying the statement. The main thing is that there is one who wants to consolidate parental rights. Without the presence of this person, documents will not be accepted. In this case, even a power of attorney, which was certified, will not serve as a sufficient argument. This is due to the fact that in recent years attempts to cheat while trying to file this kind of application have become much more frequent.
The presence of the mother at the same time is not mandatory. However, her written consent will have to be attached. It should also be notarized. The presence and even actual existence of the child is not mandatory. You can start the procedure at any time also from conception to birth. In this case, you will need to provide a document issued by a medical institution that officially confirms the fact of pregnancy.
What may be required
It is important to follow the established algorithm of actions:
- Collect the required documents.
- Write a statement.
- Pay the due fee (attach receipt of payment).
- Submit a package of documents to the local registry office.
- Directly obtain a certificate.
If the child has not yet reached the age of ten, then the consent of the mother is decisive in this matter. If he is older than the specified age, you must also obtain the consent of the guardianship authorities .
The opinion of adult young people is taken into account first. It must be stated in writing and legally certified. If such a child is against the establishment of paternity, the documents will not be accepted.
The opinion of the mother is taken into account in a different way and does not play a key role. Although, if she disagrees, the trial will take place in court. And the key argument in making the decision will be the desire of the child.
Deadlines
Interestingly, the voluntary establishment of paternity in the registry office has no time limits. This can be done in any of the following periods:
- When parents only expect the birth of a child.
- Immediately after the baby is born.
- Any amount of time after his birth.
The only limitation: the establishment of paternity in the registry office is possible only while the child is alive. In the event of his death, the procedure is not performed.
If a lot of time has passed since the moment a child was born, it is important to strictly observe the procedure for establishing paternity in the registry office. It will be described later.
The procedure for establishing paternity
You can start the process only if the parents do not have any mutual complaints in relation to each other. If controversial issues still arise, then the issue should be resolved in a local court. Sometimes it is officially impossible to establish paternity, even taking into account the fact that the subject is really the biological father of this child. In what cases does this situation occur?
- Father recognized legally incompetent.
- The kid is already adopted.
- If the father was previously convicted under certain articles of the Criminal Code of the Russian Federation.
- The father is on special registration in a narcological or neuropsychiatric dispensary.
Drafting a statement
The application for the establishment of paternity in the registry office must be submitted in accordance with all established standards. A special form has been created for this. All data in it are classified according to certain criteria and make up several sections. Among them are:
- data of a specific registry office;
- Name and passport details of parents;
- explicit parental request that paternity be recognized, with reference to the required documents;
- nationality;
- citizenship;
- address at which they actually live;
- if a marriage was concluded between parents, it is required to indicate the details of the act confirming this event;
- Name assigned to the baby;
- date and place of state registration of this child;
- decrypted signatures of parents.
It is important that all data in the application and in the documents exactly match. Otherwise, it will become impossible to establish paternity through the registry office. A government agency will simply refuse to accept documents.
Documents
What needs to be provided in order to establish paternity in the registry office? It is necessary to prepare a number of documents. Among them are: the birth certificate of a particular child, as well as a birth certificate (it can be provided directly in the hospital), a passport of a citizen of the Russian Federation (any other document that can be used to identify an individual is also suitable), a receipt (it confirms the payment of the necessary state duties), as well as the consent of the second parent to carry out the procedure, notarized (especially important if the documents are submitted in the absence of the second parent).
It is possible to carry out the procedure without the last document described only in the following cases:
- the parent is currently in custody;
- mother recognized missing;
- mother recognized legally incompetent;
- mother died.
What other features must be considered in order to successfully establish paternity in the registry office?
State duty
Do I have to pay any fees? Such a procedure as the establishment of paternity in the registry office is an action that invariably has important legal significance and requires the obligatory introduction of some state duty. Its size may fluctuate in accordance with the amendments that are made to the Tax Code of the Russian Federation. Today it is three hundred and fifty rubles. Before a person will pay for the establishment of paternity in the registry office, it is important for him to carefully check whether the details are correctly indicated. In the event that any mistake was made, the proposed documents will not be accepted by the relevant institution.
Special requirements
The establishment of paternity in the registry office is also possible for an individual who was previously declared legally incompetent. However, in this case, the consent of the following persons and institutions will be required, namely: the guardian who is currently fully supervising a certain child, as well as the guardianship and guardianship authorities (relevant only in situations where such supervision is carried out by the relevant state institutions).
The establishment of paternity is a relatively simple procedure that does not take a lot of time or money, but gives the legal right to fully participate in the life and upbringing of your child.
Be prepared to take full responsibility for your children. Always remember: they really need you!