Establishment of maternity in court or general procedure

Documents required to establish the origin of children

Two legal procedures can accurately establish the origin of a newborn child, which allow the newly born person to acquire a first and last name, as well as receive his first document:

• Establishment of paternity;
• Establishing maternity.

When performing such procedures, it is necessary to have documentation from the medical institution where the birth took place or certificates from non-medical organizations. When establishing maternity, the mother's application to the registry office is important.

The procedure for establishing paternity can be carried out automatically when the father of the child is recognized as the mother’s husband, or voluntarily when the father submits an appropriate application if the mother is not officially married to this person.

Legal advice

So, a joint parental decision to recognize the origin of a child born out of wedlock is an important step that has many legal, moral, and material consequences for all participants in the procedure.

Although the administrative procedure for establishing paternity is quite formal, in practice difficulties cannot be ruled out. In your case, you may need to first obtain permission from the guardianship and trusteeship authority to recognize paternity or challenge the already recognized paternity of another man.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

In any case, a preliminary consultation with a lawyer will allow you to act confidently in the legal field.

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Author of the article

Irina Garmash

Family law consultant.

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Establishing the origin of children. Maternity registration

Establishing maternity is the most important stage in the life of every woman, which requires mandatory compliance with the legal procedure. According to the current legislation, in order to establish and register the fact of motherhood, it is enough for a woman to have the appropriate medical certificate when contacting the registry office, which will issue a special document

In the event of the death of the mother or her incapacity, maternity is established in accordance with documentation from the maternity hospital or additional papers from non-medical institutions. If there are disputes about the fact of maternity, the procedure involves appealing to the judicial authorities.

Outside the hospital - second case

But that's not all. Life is unpredictable. You can never say with certainty that childbirth will take place in a medical facility or under the supervision of medical specialists.

A situation in which a woman gives birth without a doctor and not in a medical facility will be quite difficult. There are known cases of girls going into labor on airplanes or other unusual places.

In such circumstances, maternity is established on the basis of statements from witnesses who were present at the birth of the potential mother. One person is enough.

Important: you must contact any maternity hospital in the region or directly to the registry office. It's better to choose the first option. It will eliminate most of the unnecessary problems.

Evidence confirming the fact of the birth of the child

Evidence that can accurately confirm the fact of the birth of a new person is relevant documents from medical institutions: maternity hospitals, hospitals, paramedic stations (depending on the conditions in which the person was born). If the birth took place outside of a medical institution, then the documentary basis that could confirm the fact of a person’s birth are:

• Evidence from persons who were present at the birth;
• Conclusions issued by private medical practice;
• If a person was born in special conditions (without medical support), then the captain (on a ship), the head of the train (on a train), etc. have the right to draw up a birth certificate for the child.

Establishing the origin of children. Grounds for establishing paternity

The peculiarities of establishing paternity lie in the possibility of carrying out the procedure automatically without recourse to judicial authorities, with the joint consent of the parents when applying to the registry office, as well as in the process of establishing paternity through judicial proceedings.

An important basis for the legal establishment of paternity is the fact that the child’s mother is officially married. In this case, the mother’s husband automatically becomes the father, but if the spouses are divorced, then for paternity to be recognized, no more than three hundred days should pass from the moment of divorce to the day of birth of the child.

Procedure for establishing paternity

The legislation provides for different ways to establish paternity, as follows:

• A man can be automatically recognized as the father of a child if at the time of his birth he was married to the child’s mother;
• A man can obtain a certificate of paternity after submitting a joint application with the child’s mother to the registry office;
• A certificate of paternity can be issued in court. To do this, a man can file a lawsuit to establish his paternity or be considered a defendant if the organizer of the trial is the child’s mother.

Establishing paternity before the birth of a child

The legal procedure for establishing paternity provides for the possibility of establishing the fact of paternity by any man even before the moment of birth of the child. Such cases are possible if the future father is planning long business trips, leaving the city or country, is in prison, or will be drafted into the army in the near future.

In this case, the application to establish paternity is submitted not only on behalf of the father; the future parents prepare such a document jointly and submit it to the registry office during pregnancy. After the birth of the child, the entry of the parents' names on the birth certificate will duplicate the application.

If, before the moment of birth, one of the parents wishes to withdraw the jointly drawn up application, he has the right to do so. But in the end, the fact of signing this document will be considered evidence of recognition of the paternity of a particular child.

Establishment of paternity posthumously

Posthumous establishment of paternity will be carried out automatically at the time the child’s mother applies to the registry office, if the child’s mother was officially married. In this case, no more than three hundred days should pass from the date of death of the spouse until the birth of the child. A similar procedure is maintained if the deceased spouse and the child’s mother filed a divorce before the deadline.

• If the child’s mother and deceased father were not married, then posthumous paternity establishment can occur in court:
• If the deceased did not recognize paternity, then a genetic examination will be required that can confirm the fact of paternity;
• If the deceased considered himself the father of a particular child, then witness evidence, receipts for financial assistance or personal records of the father will be required.

Establishing the paternity of adopted children

A man who lives with the child’s mother or is legally married to her has the right to adopt and establish paternity of a step-child. Surely, at the time of going to court or the registry office, the person knows for sure that he is performing the procedure in relation to actually someone else’s child, however, there is a legal abolition of establishing paternity.

• Adoption is a legal process in which the applicant becomes a documented relative of the child and is required to act as a father.
• Establishing paternity involves contacting the registry office of the potential father with the mother of the child to establish paternity.

Who can go to court

It is worth paying attention to the fact that judicial determination of maternity can be carried out on the basis of a claim filed not only by the baby’s natural mother. Who else has the right to appeal to the mentioned authority?

Today, the following persons can file a claim in court to establish the origin of a child from a specific girl:

• baby's father;
• the woman's husband;
• prosecutor;
• representative of the guardianship authorities;
• the organization where the child is located;
• adoptive parents;
• guardians;
• persons raising the child.

Additionally, the child himself can submit a corresponding request to the court, but only after reaching adulthood. You can file a claim at age 16 if you have been emancipated.

Time frame for establishing paternity

According to official international documentation, the origin of a child must be established by the parents immediately after his birth, as this is necessary due to the helpless state of the child himself and the fact that parents are responsible for their children.

The period for establishing paternity is not limited by law, so a man has the right to file an application to establish paternity at any time.

Once a child reaches the age of majority, paternity can be established with his consent or upon his application. If the child is declared incompetent, responsibility for all procedures falls on the shoulders of the guardians or mother.

Surrogacy

Unfortunately, not everyone can give birth on their own. And not everyone is ready to take in someone else’s child from an orphanage. If a couple is unable to give birth, they often try IVF. Maternity in such a situation is established on a general basis.

If IVF does not help or artificial insemination cannot be carried out for one reason or another, surrogacy comes to the rescue. In fact, a stranger will carry and give birth to a child for the couple.

From the point of view of establishing the origin of a child, this situation is considered one of the most difficult. This is due to the fact that you will have to carry a lot of documents with you.

Namely:

• contract for the provision of surrogacy services;
• written consent of the “client” spouses to register them as parents;
• the consent of the surrogate mother to register the born baby in the name of those for whom she gave birth.

In this case, the last document is drawn up after childbirth or shortly before it. Generally, all consents are considered irrevocable. It will not be possible to refuse them after official registration.

When is it prohibited to establish paternity?

The law provides for the possibility of establishing paternity by a man voluntarily or in court. This procedure is possible even if the child already has a corresponding entry on the birth certificate. If a man provides enough evidence of his paternity, he will be recognized as the father of the child.

The law prohibits establishing paternity in cases where a man, at the time of going to court or the registry office, certainly knows that he is not the natural father of the child. The reverse procedure for such manipulations is not provided, since it will be necessary to provide evidence that the man did not know about his paternity.

Determination methods

Establishing motherhood at the moment can occur in different ways. It all depends on the specific life situation. Therefore, you will have to take into account when the need arose to determine the origin of the baby.

At the moment, the following ways to solve this problem are possible:

• establishing paternity and maternity without trial;
• judicial procedure for determining who is the mother.

In reality, everything is not as difficult as it seems. In any case, if you don’t bring the matter to court. However, everyone should know both scenarios. They are described in more detail below.

Voluntary acknowledgment of paternity

If there is no presumption of paternity and both sides of the child’s parents have no objections to the procedure for establishing paternity, then voluntary establishment of paternity by the natural or putative father is possible.

In order to establish paternity voluntarily, the father of the child must apply together with the mother to the registry office to submit a joint application. In addition, you should provide the following documentation:

• Medical report on the birth of the child;
• Parents' passports;
• Paid state duty for establishing paternity.

As a result of processing the documentation, the registry office issues a child’s birth certificate, which indicates both parents, after which the voluntary establishment of paternity can be considered complete and successful.

The basis for the emergence of the rights and responsibilities of parents and children is the origin of the children from specific parents, regardless of whether the parents are married or not, whether they live together or separately. Descent is a blood (biological) relationship between a child and his parents (certain men and women), registered in the prescribed manner.

The origin of a child from specific parents becomes a legal fact only if his birth is registered by the state in the district, city (district in cities) civil registry offices. State registration of the birth of a child is carried out with the simultaneous determination of his origin and the assignment of a surname, first name and patronymic. During state registration, a record of the child’s birth is compiled in the civil registry book, which indicates the necessary information that determines the status of the child, as well as information about his parents. A record of parents made by the civil registry office is evidence of the child’s origin from the persons indicated in it and can only be challenged in court.

The law establishes various procedures for certifying the origin of children from a specific man and woman, depending on the following circumstances: the child’s parents are married; the parents are not married, but the father voluntarily acknowledged paternity; the parents are not married, the father has not recognized paternity.

The origin of the child from the mother (maternity) is established on the basis of a document from a medical institution confirming the fact of the birth of the child by this woman, and in case of childbirth without medical assistance - on the basis of a certificate from a person present at the birth. In the absence of a medical certificate, maternity is established only on the basis of a court decision establishing the fact of the birth of a child by this woman.

Recording of information on paternity, if the child’s mother is in a registered marriage, is made on the basis of the presumption (assumption) of paternity of the spouse of the child’s mother. Therefore, the mother’s husband is registered as the father of the child born to her at the request of either spouse. This rule also applies if a child is born within 10 months from the date of divorce, the marriage being declared invalid, or from the date of death of the child’s mother’s spouse, that is, the mother’s former spouse is recognized as the father of the child. Information about the father in these cases is entered on the basis of the parents’ marriage certificate or other document confirming the fact and time of termination of the marriage.

In cases where the child’s parents are not married to each other, family law provides for two ways to establish paternity: voluntary and judicial.

Voluntary establishment of paternity involves submitting to the civil registry office after the birth of a child by his father and mother, who are not married, a joint application to establish paternity. By a joint application to establish paternity, a person who is not married to the child’s mother confirms recognition of paternity, and the mother agrees to establish the paternity of this person in relation to the child born to her. Thus, voluntary establishment of paternity is a legal act (manifestation of consciousness and will) of the father of a child who is not married to his mother, aimed at creating legal relations between the father and the child. A person declared incompetent by a court due to a mental disorder cannot voluntarily acknowledge his paternity.

Family law allows voluntary establishment of paternity upon an individual application only from the child’s father in the following cases: the death of the mother, her recognition as incompetent, the impossibility of establishing her whereabouts or deprivation of her parental rights, provided that the birth registration was carried out at the request of the child’s mother (applicant) for state registration of birth . However, in these cases, establishing paternity requires the consent of the guardianship and trusteeship authority, expressed in the appropriate document.

Establishment of paternity in court is carried out if the following conditions are met: the absence of a registered marriage between the child’s parents; absence of a joint statement from the parents or father of the child; lack of consent of the guardianship and trusteeship authority to establish paternity.

Most often, paternity is established in court at the request of the child’s mother. The claim is brought against the alleged father of the child if he refuses to recognize the child voluntarily, or against the mother if she prevents the filing of a joint application to establish paternity. A claim to establish paternity can also be filed by the guardian (trustee) of the child or the person who is dependent on the child (grandmother, grandfather), or the child himself upon reaching eighteen years of age.

When considering cases to establish paternity, the court takes into account any evidence that reliably confirms the origin of the child from this person. In necessary cases, in the case of establishing paternity, the court may order a forensic medical examination. However, the expert opinion on the issue of the origin of the child is only one piece of evidence that must be assessed by the court in conjunction with other evidence. The court's decision to establish paternity or to refuse it must be based on comprehensively verified data confirming or refuting the stated claims of the plaintiff.

Forced establishment of paternity

If the parents are unable to reach a single joint decision voluntarily, then a certificate of paternity may be issued as a result of court proceedings. In this case, different judicial scenarios are possible:

• The plaintiff may be the mother of the child, who will demand recognition of paternity by the defendant;
• The plaintiff may be the father of the child, but if the mother of the child refuses to submit a joint application to the registry office.

To initiate a lawsuit, the plaintiff must contact the court at his place of residence and draw up an appropriate statement of claim, in which he must indicate the following data: personal data of the parties, his demands, a list of related documents.

Organizations addressing this issue

Organizations that are involved in establishing the origin of children include:

1. medical institutions;
2. medical examination institutions;
3. civil registration authority;
4. court.

In any case, if everything is simple and agreement is reached between the participants in the proceedings, then the proceedings themselves will not take place . If not, and it becomes clear that a visit to court cannot be avoided, it is better to enlist the support of an experienced family law lawyer.

On the legal side of establishing the origin of children, watch the video:

Registration of paternity

A simple way to register paternity is to contact the civil registry office with a joint application from the parents. After submitting all the necessary documentation, a corresponding entry is made in the birth certificate.

If a joint statement cannot be made, a man or woman can complete this procedure in court, as a result of which a certificate of paternity is awarded. This document is also the basis for making changes to the book on registration of civil acts, as well as the child’s birth certificate.

Limitation period for establishing paternity

The time period within which a decision to establish paternity can be challenged is not provided for by official legislation. Therefore, any party may request that a lawsuit be initiated: the parents, the biological father of the child, the child, the guardian of any of the parties.

Cases of challenging legal claims may be the evasion of one of the parties from a voluntary settlement of this issue or the desire of one party to challenge the fact of paternity. Challenging paternity is strictly prohibited if, at the time of establishing paternity, the man knew for sure that he was not the biological father of the child or the child was born as a result of artificial insemination.

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