✅ Determination of the origin of the child from the father at the request of a woman and a man who are not married to each other

Determination of the origin of the child from the father at the request of a woman and a man who are not married to each other in Ukraine

Scriabin Alexey Nikolaevich

family lawyer

Our family lawyers are often asked the following questions: What rights does the father of the child have if the marriage is not registered? Can you write down as the father of a child not a man? When should an application for acknowledgment of paternity be filed?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Determination of the origin of the child from the father at the request of a woman and a man who are not married to each other” and, if you have any questions, seek legal advice from our family lawyers and lawyers, who will provide you with legal services in family matters.

1. The descent of the child from the father is determined by the application of a woman and a man who are not married to each other. Such an application can be submitted both before and after the birth of the child to the body of state registration of acts of civil status.
2. If an application for recognizing himself as the father of a child is filed by a minor, the state registration body for acts of civil status informs the parents, guardian, or trustee of the minor about his record as the father of the child. If it is impossible to inform the parents, guardian, or guardian of the minor, the civil registration authority must notify the guardianship and trusteeship authority about the registration of the minor by the father of the child.
3. If the application for acknowledgment of paternity cannot be submitted in person, it can be submitted through a representative or sent by mail, subject to its notarization. The representative’s credentials must be notarized.

Statement of determination of paternity in Ukraine

The descent of the child from the father at the request of a woman and a man who are not married to each other, by submitting an application to the state registration authority, is a voluntary way of recognizing paternity.

Moreover, it is used in the absence of a dispute over paternity by filing an application with the state registration of acts of civil status and is the free expression of the will of a woman and a man.

The law strictly establishes the requirement for the presence of both the will of the person who considers himself the father of the child, and the consent of the woman who gave birth to this child.

The woman’s consent should be assessed as a voluntary confirmation of the paternity of the man who is applying.

In this regard, the lack of consent of the woman is an obstacle to determining the origin of the child out of court.

An application by a woman and a man who are not married to each other about the origin of the child is submitted both before and after the birth of the child to the state registration authority.

According to clause 16 of Chapter 1 of Section III of the Order of the Ministry of Justice of Ukraine dated October 18, 2000 No. 52/5 “On Approval of the Rules for State Registration of Civil Status Acts in Ukraine”, if such an application is submitted before the birth of a child, a certificate from a health care institution “I about pregnancy women.

Legal consequences of the statement in Ukraine

Such a statement will have legal consequences only in the event of the birth of a child. The UK does not provide for the possibility of withdrawing an application for voluntary acknowledgment of paternity, which was submitted by the husband before the birth of the child. We are convinced that before the birth of the child, such an application can be withdrawn and from that time it is considered not submitted.

After the birth of a child, if a man has doubts about his paternity, a judicial method of such a refutation is also possible.

The Family Code provides for the possibility of submitting an application for the voluntary acknowledgment of paternity by a minor.

In particular, if an application for recognizing himself as the father of a child is filed by a minor, the state registration body for acts of civil status informs the parents, guardian, or trustee of the minor about the registration of the child by the father.

Record by the father of the minor in Ukraine

If it is impossible to inform the parents, guardian, or custodian of a minor, the state registration authority for acts of civil status must notify the guardianship and trusteeship authority about the registration of the minor by the father of the child.

The above provisions of the law follow from the fact that the recording by the father of a minor automatically generates corresponding legal consequences for his parents, separately in terms of the emergence of personal non-property and property rights and obligations regarding grandchildren.

Convenient opinion of lawyers who, criticizing the legal norm outlined above, point out that it would be more correct to use the wording about informing the parents, guardian, or trustee of a minor not about his father’s record of the child, but about filing an appropriate application on this matter.

In this case, parents, legal representatives or the guardianship and guardianship authority could warn the minor about a rash step or at least explain to the latter the consequences of filing such an application.

Despite the existence of such a rule on how to prevent a minor from filing an application for voluntary acknowledgment of paternity by means of a ban, they are not entitled, since in these legal relations the main task is to provide the child with full parental care.

Although the legislator should have provided for a stricter mechanism of control over the process of recognizing oneself as a father as a minor on the part of legal representatives and the guardianship and guardianship body.

You should also pay attention to non-observance of the rules of legal technique in the formulation of Part 2 of Art. 126 CK.

So, this legal norm gives the right to submit an application for recognizing himself as the father of only a minor, that is, a person between the ages of 14 and 18.

However, Article 126 obliges the body of state registration of acts of civil status to inform the parents, guardian, guardian of the minor about the registration of the child by the father.

In turn, a guardian can only be assigned to a young child, that is, until he reaches the age of 14, and a guardian is appointed to a minor.

Thus, from the content of Part 2 of Art. 126 SK does not directly see the right of a minor to recognize himself as a father, at the same time it is assumed that the state of state registration of acts of civil status is obliged to inform his guardian about the record by the father.

Obviously, the legislator does not give an unequivocal answer as to whether a person under the age of 14 has the right to independently submit an application for recognizing himself as a father, and therefore this norm, in our opinion, should be interpreted literally, and proceed from the fact that it is adult, and the indication of the guardian is erroneous.

However, there is another way of looking at this situation.

In order to eliminate the double interpretation of the provisions of Article 126 of the UK, it is advisable to amend it accordingly.

Procedure for filing an application for acknowledgment of paternity in Ukraine

Part 3 of Article 126 provides for the procedure for filing an application for acknowledgment of paternity.

The law requires that such an application be submitted personally by the parties, which allows an employee of the state registration of acts of civil status to be convinced of the voluntary expression of the will of the person.

However, foreseeing the existence of valid reasons that make it impossible to submit an application in person, the legislator admits the possibility of using the institution of representation in these legal relations.

So, if an application for acknowledgment of paternity cannot be submitted in person, it can be submitted through a representative or sent by mail, subject to its notarization.

Moreover, the authority of the representative must be notarized.

I would also like to add that such a power of attorney should clearly state the rights to file an application for recognizing a person as the father of a child with a clear specification of which child the person wants to define himself as the father and who is the mother of the child.

This will allow you to additionally control the actions of the attorney, who may turn out to be dishonest.

Such a norm should be included in the normative act governing the procedure for performing notarial acts by notaries of Ukraine.

Family lawyer in cases of the descent of a child from a father at the request of a woman and a man who are not married to each other in Ukraine

For an effective solution to the case of determining the origin of the child from the father on the application of a woman and a man who are not married to each other, you should contact professional family lawyers.

Family lawyer:

• provide legal advice on family matters;
• will help to determine the best option for solving a family case;
• prepare all the necessary documents;
• accompanies the course of the entire trial.

Our family lawyers will do everything necessary for a quick and high-quality completion of a legal case!

Scriabin Alexey Nikolaevich

family lawyer

Contacting us is a way to save time and money in resolving the issue of determining the origin of the child from the father at the request of a woman and a man who are not married to each other.

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The first step on the road to success in solving a case to determine the origin of the child from the father on the application of a woman and a man who are not married to each other is to contact good family lawyers!

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