Acknowledgment of paternity and alimony. DNA examination, establishment of paternity - judicial practice, procedure and nuances Establishment of paternity in court DNA

Today, situations often arise when a man does not want to recognize his paternity. The opposite cases are also not uncommon - women who gave birth out of wedlock refuse to recognize the paternity of their partner. To resolve such a difficult situation, it is best to contact the district or city court.

What it is

Establishing paternity in court without the consent of the mother or father is a rather complicated procedure. Its implementation can be carried out by any parent of the child - both mother and father.

It is required in the following cases:

  1. For some reason, the father does not want to recognize his relationship with the child.
  2. The mother does not want the biological father to have rights to the child.

It is important to remember that in the analysis of this kind of cases, the opinion of the father or mother does not matter.

Since judicial institutions, as well as guardianship and guardianship authorities, are necessarily guided primarily by the interests of the child. The presence of a father always has a positive effect on the standard of living of the baby.

Establishing paternity is always understood as a procedure for recognizing parental rights. Having a relationship of this kind implies not only rights, but also duties.

This is often the reason a father recognizes his child. Since in this case he will be obliged to financially support him, as well as participate in his upbringing.

But in addition to the obligations when confirming paternity through the court, the parent also has the rights to:

  • participate in the upbringing of the child;
  • forbid him anything;
  • the property of the child in case of his;
  • upon reaching old age.

Establishing paternity in court is a special procedure, which is why the most important aspects this process reflected in the Civil Procedure Code.

A claimant making this type of filing will need to be aware of the following important questions:

  1. Which court should be applied to?
  2. Who is eligible to apply?
  3. What are the deadlines.

Which court to apply to

Litigation of the type in question is jurisdictional only to the following instances:

  • the district court;
  • city ​​court.

If the statement of claim is submitted to a lower level authority, then the application will be automatically transferred to a higher one. It should also be remembered that the statement of claim must be filed at the place of residence of the defendant.

For example, if the father lives in another city, then it will be necessary to contact the court office of this particular region. But there are also exceptions. For example, if the plaintiff is a mother with a minor in her arms.

This moment is reflected in the legislation in force on the territory of the Russian Federation, according to the Russian Federation, the following statements are within the jurisdiction of courts of general jurisdiction:

  1. About establishing paternity.
  2. On the establishment of the fact of recognition of paternity.

Cases where the plaintiff can choose the place of filing the application are indicated in and the Russian Federation.

Who is eligible to apply

Filing an application has its own characteristics, and they are different for mother and father, for example, if a man acts as a defendant, then the following have the right to draw up and submit documents to the office:

Things are somewhat different with the filing of an application by a man. The action of the type in question must in any case be carried out by itself, without exception.

Even a notarized power of attorney is not a basis for filing an application by a third party. Also, an application to establish paternity by mail will not be accepted from a man. The main reason for this is the frequent cases of fraud by women.

What are the deadlines

An important feature is the lack of terms for establishing paternity. That is, even if many years have passed since the birth of the child, the father or mother, and even the child himself, have the right to file an appropriate application with the courts.

But at the same time, you should remember the following important nuances:

That is why if the child is an adult and is categorically against the procedure for establishing paternity, it will simply be impossible to implement it.

At the same time, a receipt for the payment of this fee will need to be submitted to the registry office without fail, along with all other mandatory documents.

Who pays

The state fee itself is paid by the person who initiates the establishment of paternity. If the claim was filed by the father, then the man makes the payment and vice versa. There are also situations where the plaintiff is exempted from paying the state fee.

The legislative framework

If possible, the plaintiff should study in as much detail as possible legislative framework which includes the following.

Code of Civil Procedure:

Establishing paternity in court is a fairly serious procedure. That is why it is necessary to understand its consequences well before filing an appropriate claim.

According to statistics:

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

  • 30% fathers raise not their own children;
  • half of them have no idea that the children are not theirs.

Proving the fact of paternity, as well as arguing it, is possible only in court, on the basis of a statement of claim:

  • like a father;
  • so do mothers.

It's necessary:

  • not only fail to appease one's conscience;
  • but also for the appointment of alimony;
  • and accession or disinheritance.

How to challenge paternity in court, what steps should be taken to do this?

What it is

Challenging paternity is an extremely unpleasant procedure for the parties to the process, but sometimes you can’t do without it.

It is not only a series of legal actions, but medical procedures.

Do not forget about judicial practice.

Judges apply by analogy the solution of such cases when it is not possible to resolve the issue according to the norms of the law.

Ways

Paternity can only be challenged in court.

However, there are other ways that can affect:

  • time of consideration of the case;
  • and the decision of the court.

There are several stages of challenging paternity.

Talk to your wife

If suspicions have already crept in that the child is not related to the father due to biological factors, then, first of all, you need to talk with your wife.

Who but a woman knows the answer to this question!

It is worth remembering that such a question can greatly offend and offend your spouse.

Apply to the court with a claim

As already mentioned, paternity can only be challenged in court. Therefore, it is necessary to file a lawsuit.

An action is filed in the district court at the place of residence of the defendant.

The claim must include the following information:

  • the full name of the court where the claim is filed;
  • the details of the plaintiff and the defendant - full name, date of birth, passport details, address of residence and place of registration, if they do not match, contact details - phone number and email address (optional);
  • if the parties have representatives, then it is necessary to indicate their full data, as well as details of the power of attorney;
  • the price of the claim - since the claim for the refutation of paternity is a non-property claim, this paragraph is omitted.

In the "body" of the claim, it is necessary to state the circumstances of the case in "dry" legal language.

Specify:

  • and when the marriage took place.

If the spouses did not register the marriage, then this should also be indicated.

Lead:

  • date;
  • act number;
  • details of the birth certificate;
  • as well as the full name of the registry office where the document was issued and in which the father is indicated.

Then it is necessary to provide evidence that this citizen cannot be the father of the child for a number of reasons.

All these reasons must be based on evidence.

After presenting the essence of the case, it is necessary to make demands, namely, “to invalidate the act record No. ... .. from ......”, and also “to establish the fact that ... .. the full name is not the father of the child .... full name”.

Gather evidence base

It is forbidden:

  • just come to court;
  • and file for paternity.

The court will accept the claim for consideration, but if there is no evidence base, then the case will not be considered.

Evidence in a case can be:

  • the documents;
  • testimony of witnesses;
  • medical documents and other things that will help the court to establish the truth in the case.

Get a genetic test

The strongest evidence of paternity is the results of a medical examination.

It can be passed:

  • on a voluntary basis;
  • and it is possible by a court ruling, which is issued by the court at the request of one of the parties to conduct a genetic examination.

An example of a petition for the appointment of a genetic examination, you can.

Procedure in a court of law

After the claim is filed, the court sets a time for the hearing.

There is no statute of limitations for such cases.

In addition, there is a ban on filing a lawsuit to challenge paternity if the child was conceived by artificial insemination, IVF or surrogacy.

The main evidence in court hearings on this basis is DNA analysis.

This procedure compares sections of a gene chain for similarity to:

  • father's cells
  • and mother.

Conducting such an analysis is a procedure:

  • expensive;
  • and lengthy.

Therefore, the court to challenge paternity can take a long time.

Who can apply

A lawsuit to challenge paternity, as stated in, can only be filed:

  • the father or mother of the child, as well as persons who actually replace them;
  • the child himself, as soon as he is 18 years;
  • legal guardian or custodian of the child;
  • guardian of one of the parents, if the latter is recognized by the court as incompetent.

A package of necessary documents

As already mentioned, in order for the court to begin consideration of the case on refutation of paternity, it is necessary:

  • file a claim;
  • and attach a package of documents to it.

Statement of claim

There are no clear requirements for a statement of claim in the law, but there are several strict formalities that must be observed when writing a statement of claim.

These mandatory requirements have already been described above.

In addition, the statement of claim must be written in writing, preferably by hand.

But this does not mean that a claim printed on a computer will not be considered.

Additional

The following documents must be attached to the claim:

  • a copy of the statement of claim for the defendant;
  • a copy of the child's birth certificate. The original of this document must be presented when filing a claim for verification;
  • a copy of the marriage certificate, if any;
  • a copy of the divorce certificate, if any;
  • a copy of the receipt, which confirms the payment of the state fee;
  • documents that can serve as evidence in the case and help the court make the right decision.

State duty

In order for the court to accept the claim for consideration, it is necessary to have a document confirming the payment of the state fee.

Its cost, according to , is equal to 300 rubles, since the case of disputing paternity is considered in a special proceeding.

Consequences of a claim

If the court satisfies the claim, then the consequences of this will be as follows:

  • changing the act record in the registry office;
  • replacement of the child's birth certificate.

In addition, from a person who is recognized by the court as not being a blood relative of the child, all obligations are removed:

  • by his upbringing;
  • and content.

Timing

As already mentioned, there is no statute of limitations in these cases.

The court may consider the case on recognition of paternity for as long as it requires consideration of all the evidence:

  • to establish the fact or paternity;
  • or its denials.

Is it always justified

Challenging paternity in court is not always a justified action.

It is worth remembering that this:

  • not only legal procedures;
  • but also medical.

To compare DNA, you must have:

  • blood samples;
  • or saliva not only of the father, but also of the child.

For children, this procedure is often unpleasant and painful, as many are afraid of doctors.

In addition, the child is psychologically traumatized if he considered this person to be his father all his life.

Questions

Challenging paternity is not the most “popular” lawsuit in Russian legal proceedings.

Therefore, there are always a few questions that remain unclear.

After death

It is possible to refute the fact of paternity in court even if the father has died.

Only the mother can file a claim for refutation of paternity after the death of the father.

The court has the right:

  • deal with such cases;
  • and make a decision on them.

There are several conditions:

  • the deceased must not be legally married to the plaintiff. Otherwise, consideration of the claim on such grounds is not possible;
  • The deceased must be listed as the child's father on the birth certificate.

The mother of the child must provide all convincing evidence that the deceased person was not the father of the child.

Such evidence can be:

  • testimony of witnesses;
  • documents - photographs, photographs, etc.;
  • other documents and other things that can confirm the relationship of the plaintiff with another man;
  • testimony of the alleged father of the child.

How to dispute paternity without DNA

Genetic examination of DNA is one of the many proofs of a biological connection, but not the main one.

The court may consider other weighty evidence.

The court considers the DNA examination in the aggregate of other circumstances. But more often than not, it's assigned.

According to, the court may establish the fact of absence as a positive result of the study if:

  • one of the parties did not appear for the procedure;
  • and did not provide material for research in another way.

Arbitrage practice

Judicial practice in cases of disputing paternity in our country is not very extensive.

As a rule, the court makes a decision on the basis of a DNA test.

But, there are also cases when, with positive results of a genetic examination:

  • the court refused the plaintiff to challenge paternity;
  • or, conversely, in its establishment.

Often both parties support claims against each other.

The mother of the child in the court session acknowledges the fact that the defendant is not the genetic father of the child. In this case, the court makes a decision fairly quickly.

Conclusion

When filing a lawsuit to contest paternity, it is worth remembering and taking into account, first of all, the interests of the child himself.

How will the child react?

  • to such a decision;
  • and all legal;
  • and medical procedures.

Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
  • All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.

Therefore, FREE expert consultants are working for you around the clock!

Many citizens are interested in how to establish paternity. In fact, there are a lot of options for the development of events. Everything depends on the situation. Therefore, it is recommended to consider each case separately. Indeed, in Russian legislation, this topic is relevant. Some are interested in her to refute paternity. Someone is trying, on the contrary, to defend their rights. Therefore, the topic being studied is often of interest to parents. What should moms and dads know about parenthood?

Possible options

How to establish paternity? This can be done in several ways. Much depends on the situation. The main problem is the collection of evidence that can serve as proof of kinship. Nevertheless, in Russia there are several options for the development of events.

Regardless of the collection of evidence, the following ways to solve the question can be distinguished:

  • married;
  • in a court;
  • in a special order.

Depending on a particular case, the procedure for applying to certain organizations, as well as the package of documents and evidence, will change. Most often, paternity is recognized in court. This practice has become widespread in Russia.

Automatically

The paternity of a child can be established automatically. This practice also exists. Only it does not give a 100% guarantee that a citizen is

What is this about? If a child is born in wedlock, the mother's spouse is automatically recognized as the father. An exception is the writing of an appropriate statement of renunciation of the status of the father of the child.

Thus, in marriage, it is easiest to recognize paternity. Least problems. It is enough to apply to the registry office with the right from the maternity hospital, parents' passports, a marriage certificate and a statement of the established form. The child will be given where in the column "father" will be the information of the spouse.

Civil marriage

How to establish paternity if there was a civil marriage? This situation is also not so rare. Fortunately, if dad admits the birth of a baby from him, there will be no problems.

What will be required? The process as a whole does not differ from applying to the registry office with officially registered relationships. But in this case, a marriage certificate is not provided. Instead, the mother and father write a statement of the established form on the recognition of paternity. It is advisable to do this during the registration of the child (when the baby is given a name).

Nothing else is required. Much more interest is shown in situations in which the father does not recognize the minor. It is this practice that takes place in Russia quite often. Can paternity be established when the biological father rejects the child? Yes. But to do this, you have to try.

Where to go

A mother who wants to establish the paternity of a citizen must apply to the district court at the place of registration. Yourself or a potential parent. It is better to choose the second option. Other courts do not accept the corresponding claim.

You can also apply to the judicial authorities when a person is thinking about how to forcefully establish paternity for a father. If the mother refuses to draw up an official statement (joint) and the baby was born out of wedlock, then you will have to go to court. District, as already mentioned.

The documents

A certain set of documents will need to be attached to the claim. Without them, the case will not be considered in principle. Usually, as already mentioned, the mother of the child deals with the issue under study. For example, if the father refuses to pay child support and recognize his baby.

What exactly will you need to bring to the court when filing the relevant application? How can paternity be established in court? For this, you must provide:

  • claim of the established form;
  • a receipt that confirms the payment of the state fee (300 rubles);
  • birth certificate of the child;
  • mother's identity card;
  • grounds for establishing paternity.

It is the last point that causes the most problems. Especially if the biological father does not agree with the decision of the mother of the minor and flatly refuses to recognize the child. Gathering evidence is something that needs special attention. After all, without them, no one will satisfy the requirements.

DNA

by the most in a simple way is a medical examination. Paternity can be established by DNA testing. This is the most common scenario, it confirms consanguinity with a 99.9% probability. There are small errors, but, as a rule, the test results are considered the most reliable.

If the father does not evade the examination, then there will be no problems with the recognition of paternity. However, DNA is sometimes discarded. In this situation, you will not be able to force the test. But there are other options for the development of events.

What exactly? How to establish paternity if a citizen refused to conduct a DNA test? Actually, this is not so difficult to do. Enough to prepare in advance.

Grounds for establishing paternity

How exactly? For example, to collect a number of evidence that can confirm the paternity of a man. What could it be? The list of evidence is quite extensive. You can’t call it template, each situation requires its own documents.

What options are available? To establish paternity through the court, you can provide the following certificates and certificates to prove the relationship between the child and the father (in case of refusal of DNA):

  • correspondence of parents;
  • statements indicating the transfer of funds to the mother from the father of the child;
  • any documents that confirm the receipt of parcels from the defendant;
  • messages;
  • letters;
  • postcards and telegrams;
  • photos and videos indicating the existence of a relationship between the plaintiff and the defendant;
  • witness's testimonies.

Accordingly, all of the above may be proof of kinship. Audio recordings are in high demand. For example, if there was a conversation between the parents of the child, in which the father acknowledged the relationship, but also said that he refused to document it.

About witnesses

Now it is clear how to establish paternity. Special attention should be paid to witnesses. They also have certain requirements. More precisely, it is one, but quite weighty.

Which one? Witnesses must be disinterested persons. But at the same time, relatives of the mother or father can also appear in court. How more people confirm the existence of a relationship between the biological parents of the child, the better. In fact, everything is not as difficult as it seems.

All witnesses who are required to be invited to the meeting must be indicated in the claim with all contacts for communication. Otherwise, the citizen simply will not be called to testify. This is normal and is completely legal. As a rule, witness statements are additional evidence to the main documents.

special order

And it is possible and in a special order to solve the question posed. The thing is that sometimes you need to establish paternity after the death of the father. What will be required for this? How to proceed then? After all, the DNA test will no longer take place.

Everything depends on the situation. If the parent did not abandon the child, then the mother should simply apply to the court for recognition of paternity. Not everything is as difficult as it seems. A more unpleasant situation is the case in which the biological father abandoned the minor.

How to be then? In this case, you can use the techniques that have already been mentioned: provide any evidence that can confirm the relationship. The DNA test is no longer available. But everything else (parcels, photos, testimonies of witnesses, correspondence, and so on) is quite suitable for proof.

The procedure for applying to the court is similar to the previously listed situations. Only at the same time it is necessary to attach another certificate of death of the father. Then the court will study all the materials of the case and make a decision. Often in favor of the mother. Accordingly, the claim will be satisfied.

What is required

It should be remembered that the father and mother are responsible for the child. And the court decision that will be made will certainly have an impact on the future of a minor citizen.

Why do women try to establish paternity through the courts? Alimony is the most important reason. Parents are required to support their minor children. And you can recover money from the father for the child, but only if paternity is established or recognized by the parent. Especially in the event of a divorce.

Also, one of the reasons is receiving benefits for the loss of a breadwinner (in the case of a civil marriage), entering into an inheritance. It's just that women try not to recognize paternity.

Consequences for a minor

It should be remembered that on a child this act may not in the best way affect in the future. Especially if alimony will be collected from the father. Or he will start paying them on his own.

Why? Because according to the law in Russia, adult able-bodied children are required to support their needy parents. Thus, even a negligent father will be entitled to alimony from adult children. And denial of paternity will never be recognized by law. The main thing is that a person is not deprived.

Accordingly, if the mother is thinking about how to establish paternity, you need to know about the consequences. Sometimes they bring children a lot of problems in adulthood. In any case, if a peaceful agreement cannot be reached, then you need to stock up on evidence and go to court!

Nowadays, voluntary paternity does not always take place, so if at the birth of a child the father or mother refuses to establish paternity on a voluntary basis, then the relationship in this case can be established in court.

Previously, to confirm paternity, a doctor and an artist were invited to court, who, in turn, determined only by external data whether the father and child were relatives to each other or not. But since this was not sufficiently substantiated, the courts began to turn to genetic examinations to establish paternity.

In most cases, the application to the court to establish kinship is filed by the mother, in the event that the father does not recognize himself as the father and does not want to pay alimony to his father. minor child. There are situations when the father goes to court to establish paternity. This happens in cases where the spouses are divorced, and the father has doubts about the relationship between him and the child. Or if the mother has died, has been declared legally incompetent, is missing, or has been deprived of parental rights.

How to do a DNA test through the court

In order to establish kinship, the first thing to do is to submit a written application to the court in the place of residence of the father or mother. This application shall indicate: the data of the person who submits the application; data of the person to whom this application is being submitted, as well as data of the child. The following documents are attached to this application:

  • a copy of the child's birth certificate;
  • evidence that would confirm the cohabitation of father and mother. They can be such evidence as personal correspondence, video filming, money transfers, parcels, documents from medical institutions, testimonies, etc.;
  • certificate of earnings of the defendant;
  • a receipt confirming the payment of the state fee.

If the father submits an application due to the fact that the mother has died, has been declared incompetent or deprived of parental rights, then in addition to the above documents, a certificate is submitted that would confirm the death, incapacity or deprivation of parental rights of the mother.

It is important! If the child is an adult, then his consent to establish paternity is required, which must be expressed in writing.

How is the court for the appointment of a DNA test to establish paternity

After submitting all required documents, the court accepts the case and within 5 days sets the date of the preliminary court session. At this meeting, a petition is drawn up for the appointment of a genetic examination to establish kinship, thanks to which the court appoints this examination. Medical institution, in which you would like to conduct an examination, you have the right to choose yourself.

If suddenly the alleged father refuses to undergo a DNA test, even by a court decision, then no one has the right to force him to undergo this procedure. In this case, the court automatically recognizes the relationship between the father and the child, while relying on previously provided evidence.

If the father is not against passing a DNA test, then at a certain time this procedure is scheduled, which in its cost will cost you about 15,000 - 20,000 tr.

It is important! All expenses for the examination are borne by the one who filed the statement of claim with the court, i.e. claimant. In a judicial procedure, an examination is done only on the basis of the collected blood. Samples for the test must be taken not only from the alleged father and child, but also from the mother. Only if the child is an adult, then the participation of the mother is not necessary.

Having passed the necessary tests, they are studied in detail by medical experts. If the result of the examination is zero, then paternity has not been established. If the coefficient is 99%, then we can safely say that you are the biological father of your child.

The test results are in no case transferred to any of the participants in the process, but are directly sent to the court. Further, the court, based on the results of the examination, makes an appropriate decision. If the result is negative, then the father is relieved of the burden of paying child support.

In order to officially legitimize the court's decision, one of the parties must apply to the registry office, while providing an application for establishing paternity either orally or in writing, a passport, a birth certificate of a child, a receipt for payment of state duty in the amount of 350 rubles and, of course, a court decision .

A certificate of paternity is issued on the same day. you can find step by step instructions to establish paternity in court.

I would also like to say a few words about the posthumous establishment of paternity, because. this fact can also be established in court on the basis of a genetic examination of DNA.

Establishment of posthumous paternity is applied if the father died and during his lifetime did not have time to register himself as the father of the child in an official manner. Such posthumous recognition of paternity is established so that the child can receive a share of his inheritance from the father. And also to receive a survivor's pension.

The applicant can be both the mother of the child and the guardian who is dependent on the child. In this case, a statement of claim must be submitted to the court, in which the circle of interested persons must be indicated. This is done in order to know who, in addition to your child, still claims the legacy left. In court, facts such as the death of the actual father must be proven; that the father really recognized himself as such; and that you weren't actually married.

But in this case, genetic examination can also be used to establish paternity. But only if at least some samples from the deceased father remained in the clinic or in the morgue. In practice, this is a rare occurrence, but still sometimes vital.

If, after the death of a parent, paternity was nevertheless established, then the child can safely claim the legacy left. And at the request of the mother, the child can be given the surname and patronymic of the deceased father.

Many people live in civil marriage and give birth.

Subsequently, problems appear.

Usually they are associated with the prosecution of the father.

Parents separate, but only one of them has to support the baby.

Therefore, the law provides for the possibility of recognizing paternity. Only with the help of this procedure can a father be forced to pay alimony, and only his baby can legally inherit his property.

In the current article, we will consider in detail how to establish paternity if the father is against recognizing the child.

Article navigation

What is Paternity Establishment


This is necessary, as cases of the birth of children out of wedlock appear more and more often.

The main objective of this process is to protect the rights of children.

In order for the illegitimate child to have the right to claim the property and obligations of the father.

Some dads are ready to immediately recognize the child, and some of them resist to the last.

They simply do not want to hang up extra obligations.

There are two main conditions for starting the procedure:

  • the baby's mother and father were not registered at the time of birth
  • father refused to write a statement to the registry office

In addition to the above grounds, the legislation provides for exceptions when the mother:

  • went missing
  • deprived of parental rights
  • legally incompetent
  • passed away

Then the guardianship authorities file a lawsuit against the one who refused to recognize his child. This procedure is necessary to present claims to the father of the child. Without it, a man has no responsibilities in relation to the baby.

Who is eligible to file a paternity suit?

There is a certain circle of persons who have the right to file a claim to establish paternity:

  • mom or dad
  • guardians or trustees
  • child protection
  • legal representative of the child
  • child after the age of 18

Before you start acting, it is better to enlist the support of a competent lawyer.

Action plan


Consideration of such cases takes place in court, according to the residence of the negligent father.

When it is not known, it is allowed to file an application at the place of residence of the plaintiff.

Also, if the question arises, how to establish paternity, if the father is against it, and lives in another city, you need to go to the district court at the plaintiff's registration.

If the application is made correctly and all the documentation is in order, the judge accepts the claim.

After that, he appoints a preliminary hearing.

It explains all the nuances and circumstances of the case.

In life, quite often, fathers already at the first meeting agree to recognize their child and submit an appropriate application to the registry office.

But this is the simplest process, after which the procedure for recognizing paternity immediately takes place. Many careless dads resist to the last, and then the mother will have to prove his involvement with the child.

Documentation

The list of documents to be submitted to the court depends on various factors and circumstances of the case. The main package is as follows:

  • standard statement
  • certificate confirming the birth of the baby
  • certificate of family composition, confirming the fact that the baby lives with the plaintiff
  • state duty payment receipt
  • photocopy of the plaintiff's identity card

All documentation must be collected accurately and correctly. The date of commencement of production will depend on the correctness of the collected papers.

Possible reasons for abandoning a child

There are many reasons for refusing to recognize a child. The main ones are:

  • refusal to pay child support
  • inability to travel abroad without the permission of the mother of the child
  • problems in processing transactions without the consent of the second parent

The mother does not have the right to demand payment for the maintenance of the acknowledgment of paternity. As evidence, you may have to use a special examination of DNA.

What to do if the father is against the procedure

When the father does not want to recognize the child, the mother must go to court. During the course of the case, at the request of one of the parties, the court will order a medical examination.

Many people are interested in the question of how to establish paternity if the father is against DNA. The judge cannot be based only on the results of this procedure. The plaintiff must provide more evidence. BUT the best option will bring witnesses.

The defendant may refuse to conduct an examination. Then it is allowed to use:

  • witness's testimonies
  • middle name match
  • mail notifications of receipt of letters or parcels
  • account statements evidencing the transfer
  • documentation from medical institutions

For the plaintiff, the main thing in this case is to collect as much evidence as possible of the involvement of the father in the baby.

On the establishment of kinship through the court - presented in the video:

Ask your question in the form below

More on this topic: