Usually the procedure for establishing paternity is such that if the parents are registered in a marriage, their joint application to the registry office is sufficient, and paternity will be registered.
But there are situations when parents are not officially married, or a woman who is married does not give birth to her child from her husband. And if the biological father refuses to recognize the offspring, it is possible to achieve the establishment of paternity by the turn of the court. But to achieve this, you should prepare.
What do you need to establish paternity?
Most often, the mother of the child applies to the court. However, other persons can apply. It may be the father if the woman refused to file a joint statement with the registry office. Men go to court in case a woman is deceased, recognized incompetent, or deprived of parental rights. The right and guardian of the child is entitled to file a lawsuit (these are usually close relatives - grandparents, aunts or uncles). Adult children can also go to court to establish paternity (for example, in order to obtain an inheritance).
So, if you decided to go to court, you need to fill out a claim for paternity. If you are the mother of a child, you must fill out a claim for paternity and recovery of alimony that indicates the data of the plaintiff, the defendant, the name and date of birth of the child, describes the nature of the relationship with the child's father (civil or registered marriage), lists the evidence of the fatherhood of the man. It is submitted to the district court at the place of residence of the claimant or the defendant. The application should be attached as copies of evidence of paternity. They can be:
- written evidence;
- documentation;
- audio and video recording;
- evidence;
- testimony of the parties, as well as eyewitnesses;
- expert opinions.
In addition, the application should be attached:
- the birth certificate of the child;
- a copy of the claim for the defendant;
- receipt of payment of state fee.
Procedure for establishing paternity
After the court considers all the documents submitted by the mother or other plaintiff, he will appoint a preliminary trial, which will consider the need for new evidence or in the examination of paternity. The most reliable method is DNA analysis for the establishment of paternity. If the court finds it necessary to hold it, then both the child and the potential father will have to come to a special medical center where they will take blood samples or epithelium for research. By the way, this method can be used even to establish paternity before delivery, then in this case samples are taken from a pregnant woman by puncturing the amniotic membrane of the fetus (use a biopsy of chorionic villi, amniotic fluid or fetal blood).
After that, the date of the date for the trial of the case on the merits is appointed. DNA analysis is not the main evidence. The court examines the results of the investigation along with the rest of the evidence. By the way, if the defendant refuses to participate in the examination, this fact is also taken into account.
The court will pay special attention to written evidence. The plaintiff must collect as many documents and things as possible about cohabitation and everyday life. These can be letters, postcards, money orders, receipts, extracts from housing offices, biographies, photographs, etc. In addition, the testimony of witnesses who can confirm joint management of the economy and relations is important.
If the court decides to establish paternity, the winning party will have the right to receive a birth certificate with the indication of both parents, to demand payment of alimony by the father, to claim the inheritance on behalf of the child.