When a child is born, it is always a significant event for every family. Any child, as a biological being, has parents, and this fact is reflected in the child’s birth certificate. If the mother of a child is a woman who has submitted the relevant documents to the registry office from the maternity hospital, then it is a little more difficult to determine the father from a legal point of view.
Spouses who are married at the time of the child’s birth will be considered the child’s parents. But for those who live in a civil marriage, everything is not so simple, because a man who is the father of a child must agree in writing to accept this status. At the same time, the child’s mother must also confirm their candidacy. If the same person is specified in both documents, then the registration of paternity can be carried out through the state registration authorities. If the mother for some reason does not want or is not able to specify the father, then the paternity column is marked absent. Such a mark can be changed by applying to the court if the child’s mother can identify the father, or the father himself expresses a desire to recognize his status. You can do this at any time after the baby is born. Although there are cases when paternity is claimed by a person who is not married to the mother of the child, and she, in turn, is in an official relationship with another man. For this option, the Statute of limitations is one year, so that the court can find out all the circumstances of the case.
Establishing paternity through the court
The following points may serve as grounds for recognizing paternity:
- availability of information that the plaintiff and the child’s mother lived together before birth;
- evidence that the child’s mother and the plaintiff worked together to raise and maintain the child;
- various examinations (including DNA) that would be highly likely to confirm biological paternity.
The paternity test is a very popular procedure in our time. If you want to find out paternity for your needs, you can use the opportunities provided by various medical institutions. At the same time, the institution must have the appropriate accreditation. There is no need for a court decision for such a procedure. The cost of such a test is approximately 4,500 thousand hryvnias and the results can be obtained in a week.
If you want a paternity test to have legal force, then you need to conduct it in court. In this case, it is the court that appoints the expert examination, taking into account the request of the party that is interested in it. A court-ordered paternity test takes place in certified clinics or forensic medical institutions. Most often, as a biological material, blood samples of the father and child are used. To remove the possibility of error, you may also need the biological material of the child’s mother.
Features of proof of paternity without a DNA test
For various reasons, a DNA test to confirm paternity is not always an acceptable or possible solution. In this case, the plaintiff must prove his paternity, using, as an option, the following situations:
- Before the birth of the child, the mother and the plaintiff lived together, made common plans for life, acquired property, etc. But after that, they broke up for personal reasons.
- After the birth of a child, the plaintiff restores the relationship with the woman who gave birth to his offspring and takes part in his upbringing and provision.
In order not to appear unfounded, you must provide documentary evidence of your position in court and attract witnesses. As you can see, the volume of information on the legislative regulation of such issues is quite extensive. In order not to stumble on this long path and get the desired result, contact family lawyers of Kasyanenko & Partners Law Company who know a lot about paternity cases.