Many citizens are interested in how to establish paternity. In fact, there are a lot of options for the development of events. It all depends on the situation. Therefore, it is recommended to consider each case separately. Indeed, in Russian law, this topic is relevant. Some are interested in her to refute paternity. Someone is trying, on the contrary, to defend their rights. Therefore, the topic under study is often of interest to parents. What should mom and dad know about paternity?
Possible options
How to establish paternity? There are several ways to do this. Much depends on the situation. The main problem is the collection of evidence, which can serve as evidence of kinship. Nevertheless, in Russia there are several options for the development of events.
Regardless of the collection of evidence, the following solutions can be identified:
- married;
- in a court;
- in a special order.
Depending on a particular case, the procedure for applying to one or another organization will change, as well as a package of documents and evidence. Most often, paternity is recognized in court. This practice has become widespread in Russia.
Automatically
You can establish paternity of a child automatically. This practice is also available. Only she does not give a 100% guarantee that a citizen is a biological father.
What is it about? If the child is born in a marriage, then the spouse of the mother is automatically recognized as his father. An exception is the writing of a corresponding application to renounce the status of the pope of the child.
Thus, in marriage it is easiest to recognize paternity. Least of all problems. It is enough to apply to the registry office with a certificate from the hospital, parents' passports, a marriage certificate and a standard form statement. The child will be given a birth certificate, where in the column "father" will be the information of the spouse.
Civil marriage
How to establish paternity if there was a civil marriage? This situation is also not so rare. Fortunately, if dad admits the fact of having a baby from him, there will be no problems.
What is required? The process as a whole does not differ from applying to the registry office with officially registered relations. But in this case, a marriage certificate is not provided. Instead, the mother and father write a statement of standard form recognizing paternity. It is advisable to do this during the registration of the child (when the baby is given a name).
Nothing more is needed. Much more interest is shown in situations in which the father does not recognize the minor. It is this practice that takes place in Russia quite often. Can paternity be established when a biological dad rejects a child? Yes. But to do this, you have to try.
Where to go
To begin with, it is recommended to understand which body to file a lawsuit in an established manner. This is not so difficult.
A mother who wants to establish the paternity of a citizen must apply to the district court at the place of registration. Myself or potential parent. It is better to choose the second option. Other courts do not accept the relevant lawsuit.
You can also apply to the judicial authorities when a person thinks about how to establish paternity in a forced manner for a father. If the mother refuses to make an official statement (joint) and the baby was born unmarried, then you will have to go to court. District, as already mentioned.
Documents
A claim will need to be attached to a specific set of documents. Without them, the case will not be considered in principle. Usually, as already mentioned, the child’s mother is studying the issue. For example, if the father refuses to pay child support and recognize his baby.
What exactly will you need to bring to court when submitting the relevant application? How to establish paternity in court? For this, the following must be provided:
- set claim;
- receipt, which confirms the payment of the state fee (300 rubles);
- birth certificate of a child;
- mother's identity card;
- evidence to establish paternity.
Just the last point causes the most problems. Especially if the biological father does not agree with the decision of the mother of the minor and flatly refuses to recognize the child. Evidence collection is something that needs special attention. Indeed, without them no one will satisfy the requirements.
DNA
The easiest way is to conduct a medical examination. You can establish paternity by a DNA test. This is the most common scenario, it confirms consanguinity with a probability of 99.9%. There are small errors, but, as a rule, the test results are considered the most reliable.
If the father does not shy away from the examination, then there will be no problems with the recognition of paternity. Nevertheless, sometimes they refuse DNA. In this situation, the test cannot be forced. But there are other options for the development of events.
Which ones? How to establish paternity if a citizen refused to conduct a DNA test? Actually, this is not so difficult. It is enough to prepare in advance.
Grounds for establishing paternity
How exactly? For example, to collect a series of evidence that can confirm the fact of paternity of a man. What could it be? The list of evidence is quite extensive. It cannot be called template, each situation requires its own documents.
What options are there? In order to establish paternity through a court of law, it is possible to provide the following certificates and evidence to prove the kinship of a child and dad (in case of refusal of DNA):
- correspondence of parents;
- extracts indicating the transfer of funds to the mother from the father of the child;
- any documents that confirm receipt of parcels from the defendant;
- Messages
- letters;
- postcards and telegrams;
- photos and videos indicating the existence of a relationship between the plaintiff and the defendant;
- witness's testimonies.
Accordingly, all of the above may be evidence of kinship. Audio recordings are especially in demand. For example, if there was a conversation between the child’s parents in which the father acknowledged the relationship, but also said that he refused to document it.
About witnesses
Now it’s clear how to establish paternity. Special attention should be given to witnesses. They also put forward certain requirements. More precisely, it is one, but quite significant.
Which one? Witnesses must be disinterested. But at the same time, relatives of the mother or father can also appear in court. The more people confirm the relationship between the biological parents of the child, the better. In fact, everything is not as difficult as it seems.
All witnesses who are required to be invited to the meeting must be indicated in the lawsuit with all contacts for communication. Otherwise, the citizen simply will not be called to testify. This is a normal phenomenon, everything is completely legal. As a rule, testimony is additional evidence to the main documents.
Special order
And it is possible and in a special order to solve the question. The thing is that sometimes it is necessary to establish paternity after the death of his father. What is required for this? How to act then? After all, the DNA test will no longer take place.
It all depends on the situation. If the parent did not abandon the child, then the mother should simply go to court with a statement recognizing paternity. Not so hard as it seems. A more unpleasant situation is the case in which the biological dad abandoned the minor.
How to be then? In this case, you can use the techniques that have already been mentioned: provide any evidence that can confirm kinship. The DNA test no longer takes place. But everything else (parcels, photos, witness testimonies, correspondence and so on) is quite suitable for proof.
The procedure for applying to the court is similar to the previously listed situations. Only in this case it is necessary to attach another death certificate of the father. Then the court will study all the materials of the case and make a decision. Often in favor of the mother. Accordingly, the claim will be satisfied.
What is required for
It should be remembered that the father and mother are responsible for the child. And the court decision, which will be issued, will certainly have an impact on the future of a minor citizen.
Why are women trying to judicially establish paternity? Alimony is the most important reason. Parents are required to support their minor children. And from the father you can recover money for the child, but only if paternity is established or has been recognized by the parent. Especially in the case of a divorce.
Also, one of the reasons is to receive survivor benefits (in the case of civil marriage), inheritance. Just because women are trying not to recognize paternity.
Implications for a minor
It should be remembered that this act may not have the best effect on the child in the future. Especially if father will be charged child support. Or he will start paying them on his own.
Why? Because under the law in Russia, able-bodied adults are required to support their needy parents. Thus, even a negligent father will be entitled to child support from adult children. And the denial of paternity will never be taken into account by law. The main thing is that a person is not deprived of parental rights .
Accordingly, if the mother thought about how to establish paternity, it is necessary to know about the consequences. Sometimes they bring a lot of problems to children in adulthood. In any case, if it is not possible to agree peacefully, then you need to stock up on evidence and go to court!