Legally paternity is confirmed by the fact of state registration of the child's origin and writing about his parents.And whether people are at least three family members, it does not mean anything until there is no document.
In the old days it was simple: children are usually born in a marriage.If it happened otherwise, that such "illegitimate" strongly rejected by society.Today, in the era of free relations, often the case that came to being the kid has a dash in the "father" of the birth certificate and his parents begin long disputes and litigation.According to statistics, the number of illegitimate children in our country has already reached 30%.What are the ways to confirm the relationship?
Fortunately, most of the people on the call or blood pressure education, not abandon their children.In such situations, rather the application of both parents - and newborn officially becomes a mother and father.
There is another peaceful way: if a woman is in officially registered mar
Furthermore, even if the mother is married, but it is the registrar with another person, which requires him to recognize the biological father of the child, and for that there are no obstacles.Parents only have to write a joint statement.
paternity in the order of action proceedings
However, not always the issue is resolved peacefully.Most often, a claim for recognition of a citizen father comes from a woman who gave birth to a child out of wedlock.In this case the mother is given the right to choose the court: at the defendant's residence (as it is accepted as a general rule) or on the.Many people in these situations, and immediately served an application for child support.
However, in judicial practice, there are cases of suing men, requiring them to recognize the paternity of a child.For example, in Ukraine there was a case when a young man suspected his kinship with the girl left the house of the baby.When the examination has confirmed its assumption baby was transferred without delay to his father.Initiate a process of recognition of paternity can and other interested parties, includingchildren themselves upon reaching adulthood.
main argument in such a case, taking into account technological progress, is, of course, genetic examination.It is held at the request of any party to the dispute and must be paid by the initiator.Cost it varies in different regions, but it is about 20 thousand rubles.
Violently genetic examination can not be carried out, but in the event of a potential parent of its conduct, the court shall have the right to draw conclusions at its discretion.It is necessary to take into account the fact that the expert opinion is not superior to other evidence - they are evaluated collectively.Thus, can be used as evidence, videos, photographs, letters, telegrams, bills of rent - all that can confirm the presence of the personal relations between the parties at the time of conception.
Establishing paternity as special production
Sometimes it happens that there is a dispute between lovers, but the sudden death did not allow a man time to make an application to the registry office.In such situations it is necessary to initiate a lawsuit to establish the fact of recognition of paternity in a special procedure.This is done usually for a child's entry into the inheritance, either for their benefit survivor.There are also other reasons: for example, in one of the Moscow courts start hearing like a grown woman, and after the death of both parents, in order to obtain the right to bury the ashes of his father.
As stakeholders in this process should be invited to other heirs, when it comes to obtaining the property of the deceased.If other successors not, involved the state represented by the tax inspectorate.In the case, if it is a manual - that the social security authority.
In conclusion, it should be noted that the court does not issue birth certificates and makes vital records: he only makes an appropriate decision, which then have to go into the bodies of the registry office.