The establishment of motherhood is an important process, without which it will not be possible to fully determine the origin of the child. It was not so difficult to understand whose baby it was. But over time, people began to bring in step-children into families, formalizing legal parenthood. Today we will be interested in motherhood. What it is? How to install it correctly? Under what circumstances problems with the implementation of the task are not ruled out? To understand all these issues and not only for us to come. The legislation of the Russian Federation will help to avoid unnecessary difficulties in the topic under study.
Definition
What is maternity? So called the procedure for finding a biological mother. That is, from whom the baby is born.
Ideally, there is no problem with this, especially if a woman gives birth in a hospital under the supervision of doctors. However, sometimes in life with the establishment of the origin of the baby there are problems. And not only with paternity. For example, when it comes to surrogacy.
When in doubt
The establishment and contestation of motherhood in Russia is regulated by the Family Code of the country. It outlines the basic principles for determining the origin of babies. Next, we focus directly on motherhood.
When may you need to check your family ties with your mother or find them from scratch? For example, if:
- a child born outside the hospital;
- after successful childbirth, the baby was declared dead;
- the child is missing or abducted;
- parents do not see anything in common with the newborn;
- we are talking about surrogacy.
In any case, it is necessary to establish the origin of the baby without fail even during ordinary births in the maternity hospital. Without this, it will not be possible to issue a birth certificate, as well as other documents for the newborn.
Determination methods
The establishment of motherhood at the moment can occur in different ways. It all depends on the specific life situation. Therefore, you will have to consider when it became necessary to determine the origin of the baby.
At the moment, the following methods are possible to solve the problem:
- establishment of paternity and motherhood without trial;
- court order determining who the mother is.
In reality, everything is not as difficult as it seems. In any case, if you do not bring the matter to court. Nevertheless, everyone should know both scenarios. They are described in more detail below.
Classic case
Under Family Law, the establishment of motherhood is carried out on the basis of a medical certificate of an established form. It is issued to a woman after childbirth.
This is a medical birth certificate. This document writes information about the mother, as well as about the baby. Paternity on the basis of such an extract is not confirmed or refuted.
Accordingly, initially the mother will be the one who gave birth in a medical facility. But, as already mentioned, there are various turns in life. And therefore, one case will not work. For example, a woman may be a surrogate mother or give birth at all outside the hospital.
Not at the hospital - case one
The pre-trial procedure for establishing motherhood in Russia is most common. But far from always it is possible to quickly and without additional problems cope with the task.
It happens that women give birth outside of medical organizations, but under the supervision of doctors. For example, some practice home birth. What to do in this case?
A woman should contact a medical organization where a doctor who helps with childbirth works. Or a medical birth certificate is issued by an entrepreneur conducting medical activities, provided that the mother herself has submitted a statement of the established form.
Outside the hospital - second case
But this is far from all. Life is unpredictable. You can never say with confidence that the birth will take place in a medical institution or under the supervision of medical specialists.
A situation in which a woman gives birth without a doctor and not in a medical institution will be rather difficult. There are cases when girls began labor in airplanes or other non-standard places.
In such circumstances, the establishment of motherhood is carried out on the basis of statements by witnesses who were at the birth of the potential mother. One person is enough.
Important: you need to contact any maternity hospital in the region or directly to the registry office. Better to choose the first option. It will relieve most of the unnecessary problems.
Surrogacy
Unfortunately, not everyone can give birth on their own. And not everyone is ready to take on the upbringing of someone else's child from the orphanage. If the couple is unable to give birth, often she tries to conduct an IVF procedure. Maternity in this situation is established on a common basis.
If IVF does not help or artificial insemination cannot be carried out for one reason or another, surrogacy comes to the rescue. In fact, an outside woman will bear and give birth to a child for a couple.
From the point of view of establishing the origin of the child, this situation is considered one of the most difficult. This is due to the fact that you have to have a lot of documents with you.
Namely:
- contract for the provision of surrogacy services;
- written consent of the “client” spouses to record them as parents;
- the consent of the surrogate mother to record the baby born to those for whom she gave birth.
In this case, the last document is prepared after the birth or shortly before them. As a rule, all consent is considered irrevocable. It will not work to refuse them after official registration.
Without witnesses and outside the hospital
The establishment of motherhood in the Russian Federation usually does not cause any trouble. Women give birth in maternity hospitals under the supervision of specialists. With their help, a medical birth certificate is issued.
Unfortunately, it is impossible to exclude cases of childbirth all alone and not within the walls of a medical organization. If there are no witnesses who saw the birth or helped with them, it will be necessary to establish the origin of the baby from a particular woman in court.
On court decisions
In court in Russia, not only the establishment of the child’s origin from the girl is carried out, but also the refutation of kinship. The second operation is very common, but in relation to the fathers.
If the establishment of maternity is carried out in court, you will need to act as follows:
- Make a statement of claim in the established form. It describes the situation in which a particular baby was born.
- Gather evidence to prove kinship. For example, testimonies, examinations and DNA test results.
- Go to court with a lawsuit.
- Take part in the meeting.
- Get on hand a court decision regarding the establishment of motherhood in a particular case.
It does not sound too confusing, but in fact, problems with determining the relationship between a baby and a woman can arise. For example, if a bio-mother does not want to recognize a child.
Who can go to court
It is worth paying attention to the fact that the judicial establishment of motherhood can be carried out on the basis of a lawsuit filed not only by the mother of the baby. Who else has the right to appeal to the said authority?
To date, the following persons may file a lawsuit with a lawsuit to establish the origin of a child from a particular girl:
- father of the baby;
- spouse of a woman;
- the prosecutor;
- representative of guardianship authorities;
- organization where the child is;
- adoptive parents;
- guardians;
- persons bringing up the baby.
In addition, the child himself can apply to the court with a corresponding request, but only after adulthood. A lawsuit may be filed at the age of 16 if a person has received emancipation.
What does the procedure give?
The establishment of motherhood in the courts has its pros and cons. But what does it give?
After confirming the birth of a baby by a specific child, the following occurs:
- There is the possibility of determining the cohabitation of mother and baby.
- The child has the right to alimony from the mother. In a woman, they arise in relation to the spouse until the child is 3 years old.
- Mother will be able to apply for child benefits and compensation.
- Inheritance rights arise.
In reality, everything is not so difficult. The main thing is to properly prepare for the appropriate meeting.
Documents for the court
And what documents are useful for establishing a relationship with a woman? Usually this requires:
- a statement from a woman who calls herself a mother (recommended);
- kinship lawsuit;
- testimony of witnesses;
- DNA test results.
This is usually enough. If there are other materials (photos or videos, audio recordings, correspondence), they must also be presented.