The procedure for establishing paternity - recognition, procedure and documents

Family law provides that children born in marriage are considered to be the sons and daughters of their mother's husband, unless proven otherwise. However, not everyone is born this way. If the father does not object, he can, with the help of the registry office, confirm that paternity exists by registering the child in his name. However, if he does not agree to this, a special procedure may be required - establishing paternity in court.

When is paternity establishment necessary?

Before answering the question of what is needed to recognize paternity, one should determine when it is necessary and why. It was previously stated that the rights and interests of the child are the basis on which family legislation and state policy are built. Each child, in accordance with Art. 54 of the RF IC, has the right to be raised in a family and live with his parents. Establishing paternity is possible in the following cases:

1. The man and woman live in cohabitation and have not officially married. During the process of registering the child with the registry office, when both parents appeared and the man expressed a desire to be a father, he asked to make an appropriate entry in the certificate.
2. A simplified procedure if a woman died during childbirth or before the baby was registered. In such a situation, there is only one man left who can immediately confirm his paternity.
3. Before registration, the spouses divorced or the marriage was declared invalid, and less than 300 days had passed. That is, if the parents were married before the birth, but then divorced, the mother can enter the father’s data into the certificate, and also assign the child his last name.
4. The judicial procedure for resolving an issue by filing a statement of claim.

Note! In a situation where another man is indicated on the birth certificate, the father can challenge the recorded paternity. Only after this can new paternity be established and information added to the birth certificate. From this moment on, the new father acquires rights and obligations in relation to the minor.

Children's opinion

When considering disputes involving children, their best interests are a primary consideration.

Article 12 of the Convention on the Rights of the Child states: “States Parties shall ensure that the child who is capable of forming his own views has the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. To this end, the child shall, inter alia, be given the opportunity to be heard in any judicial or administrative proceedings affecting the child...”

Taking into account the opinion of a child who has reached the age of 10 is mandatory, except when it is contrary to his interests. In the case of establishing the fact of recognition of paternity, the child may be questioned by the court on circumstances relevant to the correct consideration of the case.

Article 57 of the Family Code enshrines the child’s right to express his opinion when deciding in the family any issue affecting his interests, as well as to be heard during any judicial or administrative proceedings.

Establishing paternity voluntarily

Voluntary establishment of paternity is possible only if the man fully agrees that he is the baby’s father. The possibility of carrying out this procedure is fixed in Art. 48 of the RF IC, namely in paragraph 3. Voluntary paternity is a mandatory process if the baby was born outside of an official marriage.

In order to voluntarily establish paternity, several aspects need to be taken into account:

1. A man must be completely sane, that is, consciously take part in the process. An incapacitated person cannot independently voice his opinion.
2. The timing of the expression of will does not matter. This means that paternity can be established even for an adult.
3. If paternity has been established voluntarily, it can be challenged in court in the future. This can be done at any time, even if the child has reached 18 years of age.

Note! A man who is not a biological child and knows this can officially recognize himself as the father. In this case, he is deprived of the right to appeal and refuse this status. The exception is misleading a man, identifying deception.

Description of the procedure

The grounds for implementing the procedure are:

1. An application from both parents with a request to establish paternity, while at the time of the child’s birth the man and woman were not married.
2. Statement from a dad who is not married to his mom. This is true if the mother has died, been declared incompetent, or gone missing, or been deprived of parental rights. In such a situation, permission from the guardianship authorities is required.
3. A court decision recognizing a specific man as the father of a specific child.

These grounds are regulated by Art. 48 Federal Law “On acts of civil status”. The entire procedure is carried out exclusively in the registry office at the place of residence of the father or mother, or at the place of registration of the child. If the entry is made on the basis of a court decision, then you can contact the registry office at the place where the judicial act was issued.

Package of documents

In order to contact the registry office, you need to collect a certain package of documents. Each case is individual, so the proposed list is general, and it is possible that employees will request additional documents. The general list looks like this:

1. Identification document – ​​as a general rule, this is a passport. If the decision of the parents is mutual, then both passports are submitted; in some situations, one passport of the applicant is sent.
2. An application written in the form prescribed by law.
3. Child's birth certificate - if paternity is established after the birth of the child is registered.
4. A certificate from the maternity hospital staff, if paternity is established in parallel with the registration of the baby.
5. A cash receipt indicating payment of the state duty.

If the parties are not married, but mutually submit an application, you need to download the following form:

If the father cannot personally apply to the registry office and makes an application in advance, download the following form:

A mother who is unmarried and does not have the opportunity to personally contact the registry office fills out the application:

A father who is not married to the mother at the time of the baby’s birth, if she is declared incompetent/deceased/unknown, etc., makes a different statement:

Procedure

How do I apply to establish paternity? It is necessary to perform several sequential steps:

1. Pay the state fee and collect the required package of documents, the list of which was described earlier.
2. In some cases, contact the guardianship authorities in advance, where you should obtain permission to establish paternity.
3. During office hours, go to the registry office specialists and send them the collected documents. Employees immediately check the information, register it and inform you of the time of the next visit.
4. You must show up at the appointed time and pick up your certificate.

A certificate of paternity is issued either to both parents or to one of them upon request. The form and structure of the certificate is established by Order of the Ministry of Justice No. 167 of August 13, 2018 and can only be issued by civil registry office employees.

Peculiarities

The voluntary procedure for establishing paternity is dictated by certain features:

1. This is an option in which the parties have mutually agreed and there are no disagreements or disputes regarding the child.
2. In order to submit an application to the registry office, you must pay a fee of 350 rubles.
3. In the event that paternity is established in relation to an adult, it is necessary to additionally obtain the consent of the latter.
4. If an adult is incapacitated, the consent of his guardian or guardianship authorities should be sought.
5. It is not necessary to download application forms in advance; civil registry office specialists most often provide them on the spot, providing assistance in filling them out.

Registration of an entry occurs within 30 days, but in practice it happens much faster. From the moment the certificate is issued, the man is officially recognized as the father of the child, which means he has all the rights and obligations in relation to him.

Consequences

After paternity is officially recognized and recorded, the person is recognized as a parent and has a full range of rights and responsibilities in relation to his child. They are regulated by the norms of the RF IC, including Art. 63 RF IC. Parents bear full responsibility for their child; they must take care of him, participate in his upbringing, development, and take care of his moral and physical development.

In addition, separate articles regulate other rights and obligations. Recognition of paternity is formally established not only in the relevant certificate, but also in the person’s birth certificate. In addition, the father has the right to demand that the child be given his last and patronymic names.

Certificate of paternity

How to get it remotely?

The SLA is issued remotely in several ways: through the Gosuslugi portal or at the MFC. Let's consider all the options.

Through "State Services"

Submitting an application through the portal is only available for issuing a repeat SLA in case of loss. When you receive it for the first time, you will have to contact the registry office or the MFC.

What the whole process looks like:

1. Log in to your personal account on the portal. You must have a verified account.
2. Fill out the application, attach the certificates presented upon receipt of the original SLA.
3. Pay the state fee.
4. Come to the registry office with the originals and receive a completed certificate.

Citizens choose the date of their visit to the registry office when filling out the application form.

Through MFC

Guardians, both or one parent, can submit documents to determine paternity through the MFC:

1. Make an appointment at the MFC through the website, choosing a convenient date and time.
2. Come and submit your application.
3. Wait for the OMS to be completed.

It takes no more than three days to process applications.

Establishing paternity in court

If the father does not voluntarily recognize his child and refuses to submit an application to the authorized bodies, then confirmation of paternity is possible only in court. This rule is regulated in Art. 49 RF IC. This algorithm is used in any case when controversial situations, contradictions or difficulties arise. It should be noted that, in comparison with the voluntary option, the judicial one is longer and requires more effort and time.

Description of the procedure

The entire process of establishing paternity begins from the moment the father writes a statement of claim, claiming to receive the status of dad. The applicant must submit the claim and its annexes to the court at his place of residence or at the place of registration of the defendant.

Judicial practice shows that various types of research are most often ordered in the process. The most common types of examinations are the following:

1. Forensic-gynecological - used if a man denies having contact with a woman in the past. During the examination, the moment of conception of the embryo is recorded. The documentation of the antenatal clinic is examined, which reflects information about registration and other things.
2. Forensic biological – the blood of a woman, child and potential father is examined. The assessment is based on the “by contradiction” method, in which the father may not be identified. The examination can definitely indicate a negative result, thereby confirming that the man is not the baby’s father.
3. Molecular genetic testing is the most reliable and expensive research option. Due to the price, this type of examination is rarely used in judicial practice. In some cases, the defendant may voluntarily initiate this examination.

In order not to delay the trial, it is recommended to conduct research in advance, the results of which must be presented as evidence.

The costs incurred by the party to conduct the study shall be borne by the losing party.

Package of documents

When preparing for the process, important importance is given to the collection of documents. Any contradictions and disputes can be eliminated by providing the full amount of evidence; the more evidence there is, the higher the likelihood of a quick resolution of the conflict. It is impossible to provide a complete list of evidence, but an indicative list is possible. It consists of the following documents:

1. Statement of claim written according to the rules provided for in Art. 131 Code of Civil Procedure of the Russian Federation. It must be submitted in writing; in addition to the details of the court and information about the parties, the essence of the dispute and the circumstances of the case are also indicated. The claim is sent with a copy, which is subsequently transferred to the second party.
2. A receipt indicating payment of the state fee.
3. If a representative acts on behalf of the plaintiff, a power of attorney is required.
4. Identity document.
5. Testimony of witnesses confirming the man’s participation in the life and upbringing of the child.
6. Letters, notes, calls, photographs and other material evidence confirming the relationship between a man and a child.
7. The results of a genetic study confirming the relationship between dad and baby.
8. Child's birth certificate, information from government authorities, other documents confirming the stated requirements.

During the proceedings, each party has the right to submit additional evidence by filing a motion. Considering that there is no exhaustive list, the plaintiff has the right to attach to the application any documents that, to one degree or another, will confirm the requirements.

The statement of claim is written according to the rules provided for in Art. 131 Code of Civil Procedure of the Russian Federation. Despite the fact that there is no single form, you can view an approximate sample; it can be downloaded from the link:

Procedure

In order to file a claim in court and obtain a decision to establish paternity, you must follow several successive steps:

1. Write a statement of claim - at this stage, citizens often turn to the help of professional lawyers who not only correctly formulate demands, but also help in collecting evidence.
2. Prepare a list of attachments to the claim, pay the state fee.
3. Contact the district or city court at the place of residence of the plaintiff or defendant. Submit documents through the office.
4. In the near future, the judge will check the stated claim and its annexes, on the basis of which a decision will be made to accept or refuse to accept the claim for proceedings.
5. At the appointed time, you must appear in court, state your demands, and hear the other side. If necessary, the judge reschedules the hearing, orders an examination, and requests additional documents.
6. At the end of the proceedings, a decision is made in which either paternity is established, or, on the contrary, the man does not receive the status of a parent.
7. Based on the decision received, you should contact the registry office, submit an application and receive a certificate of paternity.

Establishing paternity is a common civil matter, the positive outcome of which often depends on an examination. A properly constructed evidence base and behavioral tactics will ensure a quick and easy trial, which will result in a decision to establish paternity.

Peculiarities

The judicial procedure is characterized by its subtleties and features that every man preparing a claim should know:

1. The state duty is 300 rubles, which is enshrined in Art. 333.19 Tax Code of the Russian Federation.
2. Citizens can go to court even before the baby is born. This happens if the parties are not married, there are disputes between them, and the mother doubts the man’s paternity. In this case, the procedure for the proceedings follows the general rule, as described earlier.
3. Conducting an examination is not an obligation, but a right of the parties. If the father refuses to participate in the study, no one can force him to do so.
4. Practice shows that the average duration of trials is 3 months.

In order to avoid possible difficulties, it is recommended to seek the help of a professional lawyer. He will not only help formulate a full-fledged statement of claim, but will also represent the client’s interests in court proceedings.

Consequences

After the judge makes a decision to establish paternity in relation to a particular child, you will need to contact the next authority. This is the registry office, which, on the basis of a judicial act, will make an appropriate entry in the register, issue a certificate of paternity establishment and make changes to the child’s birth certificate. From this moment on, the man officially receives the status of dad and is endowed with the full range of rights and responsibilities in relation to his child.

Establishment of paternity through special proceedings

Special proceedings are a type of civil proceedings, during which a certain category of cases related to the emergence, change or termination of personal rights of citizens is considered. Within the framework of this proceeding, the existence of an indisputable right is confirmed or denied, and the legal status of the citizen is recorded.

Establishing paternity is one of those civil cases that are considered within the framework of special proceedings. According to the rules of special proceedings, the judge must proceed from the principles of comprehensively verified data concerning the personal rights of the participants and the child.

Description of the procedure

The procedure for special proceedings is applied in the event that a man who considers himself the father has died, after which there is a need to establish a legal fact. The rule of time applies here. If the child was born on March 1, 1996 or later, the court, through special proceedings, establishes the fact of paternity. For a child born before the established date, the family legislation of the RSFSR applies. Paternity is confirmed if the child was dependent on the man before death.

The main characteristic of special proceedings is that the court independently establishes the legal significance of those factors that cannot be obtained otherwise. This rule is reflected in Art. 265 Code of Civil Procedure of the Russian Federation.

Package of documents

In general, the package of documents will be identical to the general package, the composition of which was reflected earlier. The general list looks like this:

1. Statement of claim – in 2 copies.
2. Identity document.
3. Evidence confirming the child’s long-term residence with a man, the latter’s participation in the child’s life, running a common household with the mother, and open recognition of himself as the father.
4. Testimony of witnesses.
5. Photos, joint correspondence, audio recordings and videos.
6. Any evidence supporting the stated claims.

The peculiarity of the situation under consideration is that the applicant cannot provide reliable evidence - the results of a DNA examination, therefore it is necessary to collect the maximum number of indirect arguments.

Procedure

How to file a claim to establish paternity if a man has died? The process itself proceeds according to general rules, taking into account the peculiarities of special proceedings provided for in Art. 266, 267 Code of Civil Procedure of the Russian Federation. The sequence of actions is as follows:

1. The applicant - most often the mother of the baby - submits an application to the court at his place of residence. It specifies the requirement to officially confirm a fact of legal significance. In addition, the purpose for which it was necessary to establish the fact of paternity must be recorded.
2. Evidence supporting the applicant's claims is attached to the claim.
3. At your place of residence, documents should be sent to the office of the district or city court.
4. At the appointed time, the party appears in court, and a decision is made based on the results of the proceedings.
5. A judicial act is a decision that has legal significance and confirms the fact of a person’s paternity. The peculiarity is that no one will appeal this decision, so it makes a legal decision immediately.

In general, the procedure for the trial is identical to the general one, however, due to certain features, the duration of the trial is significantly reduced. Due to the fact that there are no disputes or contradictions between the parties, the need to require additional evidence is eliminated and the process is not delayed.

Peculiarities

In accordance with subsection IV of the Code of Civil Procedure of the Russian Federation, the main feature is that the person for whom paternity is recognized has died, which means he cannot file independent petitions, appear in court and undergo a DNA test. That is why there is no direct evidence in the process, there are only indirect arguments that must be presented by the applicant. In addition, an important feature is the date of birth of the child - before or after March 1, 1996, as mentioned earlier.

Consequences

After the court has made a decision, you can immediately go to the registry office, where employees will officially register the father and make an appropriate entry in the register. The mother who is supporting the child has the right to receive compensation payments for the loss of a breadwinner, one-time financial assistance and receive other forms of support.

State registration of paternity establishment

It is carried out exclusively by employees of civil registry authorities at the applicant’s place of residence, or at the place of registration of the newborn. Based on the results of registration, a new birth certificate of the child is issued with information about the father and a certificate of paternity entered into it.

In addition, a special entry is recorded in the register; it describes the number and date, information about the child, his father, mother, series, number and date of issue of the certificate, details of identity documents. All rules and registration procedures are regulated by Chapter VI of the Federal Law “On Acts of Civil Status”.

Who can stand for the issuance of a certificate

The biological father is not the only person who can stand to issue a certificate. The following person (several persons) can receive the document:

• both parents, going to the registry office at the place of registration;
• the child’s father, if the mother died prematurely, is absent from her place of registration or is considered missing;
• guardian or person who cares for the child. The certificate can be received by both an individual and a legal entity;
• a child who has reached the age of majority.

Other persons wishing to issue this document will be refused.

A document confirming the paternity of a citizen

The grounds for state registration, that is, documents that confirm this fact, are strictly regulated by Art. 48 Federal Law “On acts of civil status”. These include:

1. A court decision, which reflects that a man is the father of a specific child. The decision must enter into legal force, only after that it can be sent to the registry office.
2. A mutual statement from both parents who are not officially married at the time of the baby’s birth.
3. A statement from the father in the event that the mother is dead, missing, declared incompetent, deprived of parental rights, or for any other reason cannot participate in the process.

In the event that citizens are officially married, establishing paternity is not required, because when registering a birth, documents of both parents are simply submitted, information about which is entered into the certificate.

Establishment of paternity in an official marriage is not required

Recognition of posthumous relationship

According to Art. The Investigative Committee of the Russian Federation, when a man passed away, who is the real father, but this was not noted in state papers, it is necessary to establish the fact of recognition of paternity. You can't do without it:

• transfer property previously owned by the parent;
• apply for and receive pension payments for the loss of a breadwinner (if the children are minors);
• claim damages.

To do this, a lawsuit is filed in court and all possible evidence is provided.

Article 50 of the Family Code of the Russian Federation “Establishment by the court of the fact of recognition of paternity”

Evidence of paternity

In accordance with Art. 55 of the Code of Civil Procedure of the Russian Federation, any information in a wide variety of forms and expressions can be recognized as evidence. The most common are the following:

1. Written documents – extracts from the antenatal clinic, certificate from the maternity hospital, extracts, etc.
2. Testimony of witnesses - this can be both neighbors and employees of a kindergarten, school, other educational institutions, hospital, etc.
3. Physical evidence – photographs, video recordings or correspondence, this also includes phonograms.
4. Expert opinion.

Regardless of what form of evidence is presented to the court, it must be obtained without violating the current legislation. If the rights or interests of any person are violated in the process, the evidence is considered insignificant and is not taken into account by the court.

If the mother does not consent

If a woman does not consent to the man being recognized as the father, a statement of claim is drawn up.
She acts as a defendant, and the guardianship authority as a third party. The parent needs to apply for an examination. The testimony of witnesses is taken into account.

If there is strong evidence of paternity, then obtaining a positive result will not be difficult. It is necessary to follow all instructions accurately and without errors. The duration of the entire procedure is on average three months. For a more successful and faster process of the case, it is better to use the services of a lawyer.

Peculiarities of document preparation, joint statement and statement of claim

Regarding applications submitted by parties to the registry office, strictly regulated legislation applies. This means that all forms and forms are clearly reflected in the Order of the Ministry of Justice dated October 1, 2018 No. 201; deviation from them is strictly prohibited. In this regard, it is recommended to download the forms attached in the text of this article, they are officially recognized.

The statement of claim does not have the same strict form as statements, but it is also drawn up according to the rules established by law. The attached claim form will help you navigate and write the correct statement.

Legislative framework on the topic

Due to the fact that the process of establishing paternity affects the rights and interests of the child, the Russian Federation has a full-fledged legislative framework in this area. It consists of such laws as:

1. Family Code of the Russian Federation - Art. 48, 49, 50, 51 of the RF IC give a general idea of ​​the procedure for establishing paternity.
2. The Civil Procedure Code of the Russian Federation regulates the general rules of judicial proceedings and proceedings.
3. Federal Law No. 143 “On Acts of Civil Status” dated November 15, 1997 - Chapter VI is entirely devoted to the process of registering paternity by civil registry office employees.
4. Order of the Ministry of Justice No. 201 of October 1, 2018 “On approval of application forms for state registration of the civil registry office and Rules for filling out forms” - concentrates application forms.
5. Tax Code of the Russian Federation – Art. 333.19 of the Tax Code of the Russian Federation regulates the amount of state duty.

In some cases, other regulatory and local acts may come into force that affect and regulate certain aspects of establishing paternity. The above list is general and does not cover the intricacies of the process under consideration.

Establishing paternity is an actual procedure that is used if the child’s parents are not officially married, or the wrong citizen is registered as the father.
Current legislation provides for the possibility of both voluntary and judicial options for obtaining papal status. They differ in the duration and complexity of the process. In the first case, the father does not dispute the legal fact, he himself expresses a desire to recognize paternity, in the second situation this is not the case and the need arises to go to court. All these cases were described in detail in this article. Order a free legal consultation

Deadline

1. Before the baby is born. Such treatment requires compelling reasons. Applies only when the father and mother do not have the opportunity to submit a joint application to the registry office after the birth of the child. The reasons may be:
   fear that the father will not live to see the birth of his son or daughter;
2. the possibility of the mother dying during childbirth;
3. long business trip;
4. other reasons.

Additionally, a certificate from a gynecologist confirming pregnancy is required. The recognition procedure will be carried out at the time of registration of the child, not earlier. In this case, the application can be withdrawn by the decision of either parent, but no later than the deadline for registering the newborn.

5. During child registration. Simultaneously with the birth certificate from the medical institution, a joint application of the parents for recognition of paternity is submitted to the registry office. Information about the father is immediately entered into the newborn’s documents.
6. After registration . In this case, the application period has no limitation. The only rule is that if the child is an adult, his consent is required.