Recognition of paternity
Professional legal assistance is needed to help protect the confidentiality of vital issues, such as recognizing paternity or depriving paternity or abandoning paternity. Paternity is determined by the courts and relevant executive authorities.
The recognition of paternity is under the direct control of the state since it forms the basis of children's rights. This right was affirmed in the Family Code as follows: “When a child is born from persons who have been married to each other, as well as within 300 days from the date of divorce or invalidation of the marriage or the death of the child’s father, the child’s father is considered to be a husband ( ex-husband) of the mother. "
Recognition of paternity/maternity of the child
The recognition of paternity/maternity of the child is established by the relevant executive authority on the basis of a document confirming the birth of the child by the mother in the medical institution, and in the case of the birth of the child outside the medical institution, on the basis of medical documents, testimonies or other evidence.
Judicial Recognition of Paternity
The recognition of paternity is confirmed in the record of marriage with the mother and father. The paternity of a person who is not married to the mother of the child is established by the mutual filing of a joint application to the relevant executive authority.
A record of the parents of the child is made after the birth of the child. The establishment of paternity, in relation to an adult, is allowed only with his/her consent, and if this person is declared legally incompetent, with the consent of his guardian or the relevant executive authority.
When the determination of paternity is carried out without the will of the father, the written consent of the mother, the birth certificate of the child, an identity document of the parents, the court decision on the establishment of paternity are transferred to the relevant executive authorities.
Deprivation of parental rights (paternity)
The deprivation of paternity rights is enforced by a court decision. Deprivation of the parental rights of the mother or father is carried out in case of failure to fulfill their parental responsibilities.
According to article 64 of the Family Code, parents (or one of them) can be deprived of parental rights in the following cases:
- in case of failure to fulfill their parental responsibilities;
- in case of deliberate non-payment of alimony;
- in case of refusal, without any good reason, to pick up the child from the maternity hospital or of one or another institution of social protection of the population, medical, educational and other similar institutions;
- in case of abuse of parental rights;
- with cruel treatment of children, putting physical and mental pressure on them;
- if they are chronic alcoholics and drug addicts;
- when committing an intentional crime against the health or life of children or husband (wife)
Refusal of paternity
Refusal of paternity is often the basis for a person's inability to fulfill parental responsibilities. In some cases, couples, not entering into an official marriage, build family relationships and have children. After a certain time, they are separated and the opposite side refuses to give the child his last name.
In such cases, a woman who is not aware of her rights cannot demand that her father fulfill his duties or pay child support. In the absence of marriage between parents and a joint petition of the parents for the establishment of paternity, as well as in the absence of a court decision, a birth certificate with the mother's name is issued instead of the father's name. The name of the father of the child is recorded at the direction of the mother of the child. After that, the mother of the child can go to court to establish paternity and determine child support.
Legal services related to the fact of paternity
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