How to file to establish paternity

Protection of the rights and legitimate interests of minors is the cornerstone on which family law is based in any legal state. Establishing and recording the origin of a child is a key legal fact.

If a baby is born in a registered marriage, there are usually no issues with paternity. But if the father and mother simply cohabit, to establish paternity, you must act in accordance with the law.

Let's look at how to apply to establish paternity, how to write an application correctly, what documents will be needed, what are the differences between the voluntary and judicial procedures.

When it is necessary?

Before starting the procedure for establishing paternity, you need to clearly understand when, to whom and why this is necessary. The first reason is compliance with the legal rights and interests of a minor, because according to family law, every child has the right to live with his parents and live in a family. The reasons for establishing paternity may be:

Living together between a man and a woman without registering a marriage. At the time of registration of a birth certificate in the registry office, a man can express his desire to become a father, about which a corresponding entry is made in the civil status act.
Death of a woman during or after childbirth before receiving a birth certificate for the baby. In this case, the procedure follows a simplified scenario, when the father’s consent is sufficient to make an entry.
The marriage was declared invalid or less than 300 days passed from the moment of its dissolution until the birth of the baby. In this case, the presumption of paternity applies; the ex-husband is automatically recorded as the father on the birth certificate.

How much does it cost and what are the terms?

The amount of the state duty is determined in paragraph 1.3 of Art. 333.26 of the Tax Code of the Russian Federation and in 2019 it is 350 rubles. Registration of a new birth document costs 650 rubles. Registration of a child usually takes one day . A delay is possible if the registry office staff needs time to clarify the data. If you apply before the baby is born, the paperwork will only be processed after the baby is born.

Paternity can also be established using genetic testing (DNA test). It can be carried out by anyone, but everything must take place within the framework of the law. This can be done voluntarily or as a result of paternity proceedings.

Legal grounds for establishing paternity

A joint application from a man and a woman (an application from each parent separately) to the registry office.
Statement from the father, if the mother, for objective reasons, cannot participate in the process (died, declared missing, whereabouts cannot be determined).
A court decision according to which the plaintiff or the defendant is recognized as the biological father (depending on which of the parties files a claim to establish paternity).

The current legislation of the Russian Federation provides for two options for establishing paternity: voluntary and judicial. Which one to choose depends on the situation and relationship with the prospective father of the baby.

Payment Methods

A prerequisite is the transfer of funds in a manner that allows you to obtain evidence of payment. Moreover, an official receipt is required.

Payment Methods

No.	Way	A comment
1	Via bank	Funds can be deposited in cash or by bank transfer. A commission is charged for transferring funds, which depends on the specific credit institution. The bank issues a receipt.
2	Via ATM or terminal	Money can be deposited in cash or by bank transfer. The commission can be withheld both by the organization that owns the ATM and by the bank that issued the card.

Voluntary establishment of paternity

This scenario is only possible if the man recognizes himself as a father. The basis for the implementation of the legal procedure is a joint application from the parents, who were not married at the time of the birth of the baby, as well as an application from the father.

In the second case, permission from the guardianship and trusteeship authorities is required. The issue is resolved according to a simplified scheme in the registry office. Each case is considered individually, so the list of documents below is approximate and generalized:

Passport or other identification document of the applicant (for both applications, the passports of both parents will be needed).
Application in the prescribed form (a sample can be obtained directly from the civil registry office, downloaded and filled out in advance).
If paternity is established after registration of the birth, then the baby’s birth certificate.
Receipt for payment of state duty.
A certificate from the maternity hospital confirming the fact that the child was born by this particular mother (if paternity is established simultaneously with the registration of the birth).

If the child is an adult

When it comes to determining kinship in relation to an adult child, all procedures are the same as with a minor.

The only thing is that you still need to get the consent of the offspring to identify his parent. Such consent is made in writing and confirmed in the registry office:

the personal presence of the child (he gives his consent to the registry office employee);
the child to put a personal signature and a mark of approval on the application (in a joint appeal);
notarized consent.

Judicial order

If a man refuses to recognize himself as a father voluntarily and does not submit an application to the registry office, then paternity can be confirmed in court, in accordance with Article 49 of the Family Code of the Russian Federation.

A similar procedure is applicable for any controversial, complex or contradictory cases. The practice of our work shows that judicial establishment of paternity takes much more time and effort.

As with voluntary procedures, the procedure for collecting and submitting documents plays a key role. Of course, much more documents are needed for the court, and their content must be comprehensive and confirm the position of the plaintiff. Here is a general list of documents that must be submitted to the court office:

A statement of claim drawn up in accordance with the Code of Civil Procedure. In writing, indicating information about the plaintiff and defendant, the essence of the dispute and additional circumstances of the case. A copy of the claim must be sent to the defendant as soon as the documents are accepted by the court for processing.
Receipt for payment of state duty.
Notarized power of attorney, if the application is submitted by a representative of the plaintiff.
A copy of the passport or other identification document of the plaintiff.
Written testimony that can confirm a man’s participation in the life and upbringing of a child.
Photographs, letters, notes, audio and video recordings confirming the fact of the relationship between the plaintiff and the defendant.
The results of a genetic examination confirming blood relationship (can be ordered by the court during the process, but to save time it is better to do it yourself. All expenses will be compensated by the defendant as soon as the claim is satisfied).
Child's birth certificate.

The list can be supplemented as During judicial proceedings, each party has the right to make additional requests, provide evidence, and bring witnesses. The plaintiff may attach any documents confirming his position.

What is state duty?

The state duty is a special fee that is levied on everyone who applies to government agencies to carry out legal actions provided for by current legislation. This fee applies to both legal entities and individuals applying for the provision of public services. Its size is set by the state.

The state duty represents funds that the applicant pays to the following state-authorized institutions acting in his interests:

courts: when filing claims and complaints;
notary offices: when drawing up agreements, powers of attorney, wills;
Traffic police: when preparing documents related to the purchase of a vehicle and its technical inspection;
financial authorities: to implement the prospectus for the issue of securities.

In accordance with Chapter 25.3 of the Tax Code of the Russian Federation, state duty is considered a tax payment for the provision of legal services provided by government agencies, including local governments. It is included in the tax system of the Russian Federation.

Funds according to the Budget Code are sent to the local budget and the budget of the constituent entities, as well as the country. An important difference from other types of payments: mandatory payment and a specific purpose.

Legal consequences when establishing paternity

The procedure is primarily aimed at protecting the legal rights and interests of the child. As soon as he has an official father, this provides additional opportunities:

Alimony payments. The child’s mother may demand to collect alimony (or resolve the issue voluntarily), which will be aimed at ensuring a decent standard of living for the minor.
An entry in the birth certificate when information about the real father appears instead of a dash. This is rather a psychological moment, but it is also for the benefit of the child.
Inheritance rights. The child receives the legal right to enter into the father’s inheritance in the future, to claim pension rights, and payments from the state in the event of the man’s sudden death.
Help in education. In practice, children, after reaching adulthood, feel gratitude to their mother, who actually and legally did not leave them without a father, and took all measures to ensure that their father took the same part in their upbringing.

State act

After checking the submitted documents, the man receives an act of establishing paternity. The child is issued a certificate indicating the applicant’s data in the “Father” column. If the document has already been issued before, changes are made to it or it is issued again for an additional fee. Information about changes to the document is also entered into the corresponding record book.

The procedure for voluntary recognition of paternity does not take much time ; usually documents are drawn up on the day of application. Difficulties may arise in cases where one of the spouses is unable to be present when the application is submitted.

A delay in registration may occur when collecting additional papers, for example, decisions of the PLO. If the registry office refuses to recognize paternity, then to carry out the procedure it is necessary to go to court.

If you find an error, please select a piece of text and press Ctrl+Enter.

Cancellation of paternity

In legal practice, there are often times when a man who is not officially married voluntarily recognizes himself as a father, without doubting this fact. The child's mother is also sure of this. Time passes and it turns out that the person is not the biological father.

In this case, it is necessary to resort to the procedure of challenging paternity. Both the mother and the man who was mistakenly recognized as the father can file a claim in court.

Important! If a man, when voluntarily establishing paternity, knew that he was not the biological father, this deprives him of the right to challenge the fact in court in the future! To restore justice, you need to reach an agreement with the biological father or mother, the guardian of the child or mother (if she is declared incompetent by a court decision).

Who can submit an application to the administrative body?

In paragraph 3 of Art. 48 of the RF IC states that parents are required to send a request to confirm the status of “father” in the child’s certificate by submitting a general application to establish paternity through the registry office. Also, the corresponding requirements can only be stated by a man if the mother of the child:

died;
is incapacitated;
due to failure to fulfill obligations, she lost her rights to the baby;
missing, and it is not possible to determine the woman’s place of residence.

The man will have to additionally obtain the consent of the department authorized to resolve situations related to children - the guardianship service (Clause 3 of Article 48 of the RF IC). If it was not possible to obtain permission to establish paternity through the registry office, it can be requested through the court.

How to pay

Features of paternity (read more...)

With this payment method, it will be enough to take the payment details or a receipt form from the registry office and hand them over to the bank employee in the operating room. The bank employee will independently enter all the necessary details, all you have to do is deposit the required amount and receive a payment receipt.

The claim can be filed by the child's biological mother or the potential father. Applicants can agree on the proportions in which they will pay the fee. If there are exemptions from state duty, you must present documents confirming their availability. The state fee must be paid before submitting the application to avoid delays.

Establishing paternity is necessary to determine a man's obligations and rights as a parent. This procedure must be completed if a child was born out of wedlock, since it will be more difficult to qualify for alimony in such a situation. To do this, you need to contact the registry office or court. You will need to pay a state fee to establish paternity.

Payment details

Collection of alimony (read more...)

Question: “Does the defendant have to pay a state fee if the plaintiff is the mother?” Answer: “Yes. Mothers are exempt from paying the fee in a father's financial assistance case. The defendant may be obligated to reimburse other costs, in addition to the state duty.”