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Paternity determination: the subtleties of the procedure

Paternity determination: the subtleties of the procedure

A marriage in the Russian Federation is recognized as a union of a man and a woman registered with the civil registry office of the Russian Federation. A couple who live together but are unmarried are colloquially called “civil spouses”, and their union is “civil marriage”, although In terms of a civil marriage, it is an officially registered union, so in this case the term “cohabitation” is more appropriate. Increasingly, unmarried couples give birth to children who in no case should suffer from the fact that papa and mama have not registered the relationship in the registry office.

You can establish the paternity of a person who is not married to the child’s mother in two ways:

  1. Extrajudicial. When a father agrees to enter information about himself in the birth certificate of the child and the mother does not mind it, paternity is established by the parents submitting a joint application to the civil registry office.
  2. Judicial. When the father does not recognize the child as his own, he refuses to submit a joint application for the establishment of paternity, it is established in court upon the application of the mother. When establishing paternity in court, first of all, it is necessary to collect reliable evidence confirming the relationship of the child and his father. Those may be:
  • the result of genetic examination, which will be the main argument in favor of paternity;
  • any documents in which the father of the child recognizes him as his own: correspondence by e-mail, on social networks and instant messengers, joint photographs, for example, when discharged from the hospital or with joint walks with the child;
  • documents confirming the material maintenance of the child, for example, bank statements, where you can see the receipt of money from the father for the needs of the child, the purchase of gifts to him and so on;
  • testimony, from which it will be possible to establish the attitude of the father to the child as his own.

According to family law of the Russian Federation, children born out of wedlock have equal rights with children born in wedlock. These rights, in particular, include the child’s right to receive maintenance from parents (alimony). If a specific person is entered in the “Father” column, then he is responsible for the maintenance of his minor child. If there is a dash in this column, then so that the child has the right to be supported by the father, and the mother to collect alimony, it will be necessary to establish paternity in relation to the child through the courts.

Up to this point, in the event of the father’s deviation from this duty, it is impossible to force him to pay child support in a legal way.

The family law of the Russian Federation also provides for the right of the child to an obligatory share in the hereditary property of the deceased parent. If the father is inscribed in the birth certificate, then regardless of the content of the will, the child inherits at least half of the share that would be due to him at the time of inheritance by law (mandatory share). it will be necessary to establish paternity in a judicial procedure and then ask the court to recognize the right of the child to such a share.

In this situation, it will be more difficult to establish the relationship between the father and the child, because the main evidence of the relationship is the result of genetic examination, which cannot be carried out if the genetic material is not taken away before burial. However, other evidence will be available to the court.

Along with the rights that paternity gives a child, there are some nuances that should be taken into account.

If a minor child travels abroad with one of the parents, then the permission of the second parent for such a departure, as a general rule, is not required. However, if the father is listed on the birth certificate and does not agree to leave the child abroad, he is entitled to file a statement of disagreement.

If in the column “Father” is a dash, then even in case of disagreement on leaving the child abroad, the father has no right to interfere.

In addition, according to the legislation of the Russian Federation, the “single parents” state provides various social guarantees, such as partial compensation of fees for kindergarten, cash payments and social benefits. The right to such benefits arises only if in the column “Father” is a dash.

If the father is listed on the birth certificate, the woman will not be considered a single mother, regardless of whether she is married to the father of the child or not.

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