The establishment of paternity on a voluntary basis is a fact that recognizes a man as the father of a child with the consent of the mother. There is a statutory procedure for establishing paternity, which every father is obliged to follow who wants to carry out the procedure.
The legislative framework
According to the legislation, voluntary establishment of paternity is carried out in accordance with Article 48 of the Family Code of the Russian Federation. If the recognition of paternity occurred after registration of the birth of a child, then two changes to the documents will have to be made. The list of securities subject to change in this situation includes a birth certificate and an act of registration. This aspect is regulated in accordance with Federal Law No. 144 “On acts of civil status”. The procedure for establishing the fact of paternity and obtaining the appropriate certificate involves the payment of state fees. The amount of this payment is established in accordance with Article 333 of the Tax Code of the Russian Federation.
Voluntary Paternity Establishment
Each father has the right to confirm his paternity on a voluntary basis, on the basis of an application submitted to the registry office with the mother of the child. As for time limits, legislation does not determine them to establish paternity on a voluntary basis. The procedure can be carried out both at the time of state registration, and after it. As for the cases when the child was left without a mother, the application to the appropriate authorities is submitted on behalf of the father. But it is important to understand that this moment should be carried out solely with the consent of the guardianship authority. Otherwise, the application will not be accepted. Of course, this is not the end point for the father. If he still has a desire to establish himself as a father, he can go to court to restore justice.
Features of the procedure with the unborn baby
There are cases when parents who are not legally bound by a marriage understand that it will be impossible to establish paternity by the father after the birth of the child. The possibility of establishing paternity during pregnancy comes to the rescue. One of the most common situations when parents resort to this method is to serve their father in a hot spot. Obviously, in this situation, he will not be able to be near the future mother, either at birth or after. In this case, additional documents are required to establish paternity:
- a medical certificate from the antenatal clinic, which indicates that the woman was registered for pregnancy,
- a document that serves as a confirmation of the validity of the reason why the father is absent.
Determination of paternity of a child under eighteen
This case is typical, and, accordingly, is the simplest. The father has no restrictions, and can at any convenient time submit documents for the establishment of paternity, in accordance with legislative norms.
Adult Paternity Statement
In this case, the father is obliged to follow the standard procedure and at the same time seek the support and consent of the adult child. If the second does not want to carry out this procedure, the child may refuse. In case of refusal, the father does not have the right to insist on the procedure for establishing paternity without the knowledge of the child.
The story of a child born out of wedlock
When a child is born in a family in which parents have not legalized their relationship, the procedure for establishing paternity is determined by the following steps:
- maternity is established directly on the basis of documents issued by the hospital;
- the fact of paternity must be established independently, according to the results of a special procedure.
Under this procedure, parents are required to submit a general statement confirming their desire to establish the fact of paternity. The establishment of paternity after the death of the father is automatically recognized, exactly the same as in the situation when the birth of the child occurred within three hundred days from the moment of divorce. As for the situation when a child is born in marriage, here the father is immediately recognized as such and entered into the birth certificate and the act of registration.
Application Form
In order to establish paternity on a voluntary basis, parents are required to submit a joint application to the registry office. The registry office in this case is selected in accordance with the place of residence of one of the parents. You can apply at the time of registration of the child or after him. The law does not establish time limits. In a statement, parents are required to fully prescribe reliable information regarding the following criteria:
- initials are registered completely - last name, first name, middle name;
- passport data is written off from the original passport in strict accordance with the document;
- citizenship of parents and their nationality are indicated at will;
- place of residence of both mother and father;
- information about the child (gender, date and place of birth);
- in a situation where the application is submitted after the registration of the birth of a child, it becomes necessary to register the details of the birth certificate and the act registration number;
- in the event that the parents have tied the knot after the birth of the child, it is necessary to enter the details of the marriage certificate along with the act registration number;
- last name, first name and patronymic, which the child will have after birth.
Attached documents
In addition to the application to the registry office, it is necessary to submit a number of documents confirming the correctness of the procedure. This package includes copies of mother’s and father’s passports, a copy of the certificate confirming the birth of the child, in the case when the establishment of paternity was carried out voluntarily after birth registration, a copy of the marriage certificate, if the marriage was registered after the birth of the child, a copy of the receipt confirming payment of the state duty . The size of the latter is three hundred and fifty rubles. If the establishment of paternity on a voluntary basis is carried out after receiving a certificate of registration of the child, the fee increases and amounts to six hundred and fifty rubles. In addition to the specified list of copies when submitting documents, parents must present their originals. This is necessary so that an employee of the registry office can verify the correctness of the information specified in the application and the accuracy of the copies provided.
What does a joint statement mean?
A joint statement on the establishment of paternity is a document confirming the consent of both parents to the procedure for establishing paternity. The signature in the statement by the father confirms that he really voluntarily goes to this procedure and is the father of the child. The signature on the part of the mother is proof of her consent to the procedure for establishing paternity and confirmation that this particular person is the father of her child. If one of the parents does not have the opportunity to personally be present at the time of filling out the application, then he has the right to fill out his part in advance. The signature in this case must be notarized. This application can be submitted either directly to the registry office, or through the website of the State Service, where it will be processed, and parents will be called only to obtain a certificate that will establish paternity.
Proof of Paternity
After the parents submitted the application, it was reviewed and approved, they receive a certificate. After the establishment of paternity, the parents should receive the certificate in person. It is always executed on the form of the state standard of strict reporting and has an individual number and series. It must necessarily contain information about the person who was recognized as the father of the child, that is, the name, date and place of birth are entered in the document, the initials of the child that were assigned to him before the establishment of paternity and after, the date are also entered birth and place, summary information on the mother - full name, date and place of birth. At the end, each certificate must include the date of issue and number in accordance with the act of record; place in which the fact of paternity was registered; and the date the certificate was issued to the parents. It is based on this document that further adjustments are made to the birth certificate of the child.
It is important to understand that if the procedure for the voluntary establishment of paternity is carried out in full, that is, is fixed by a certificate, the father cannot refuse the rights that were assigned to him for the child. This is strictly prohibited by the legislation of the Russian Federation. After the establishment of paternity, the father becomes the owner of all the rights and obligations to the child in respect of whom this procedure was carried out. The child receives all the rights that biological children have.