✅ Determining the origin of a child whose parents are not married to each other

Determination of the origin of a child whose parents 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? How can the origin of a child be determined? How to determine the origin of a child whose parents are not married to each other?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Determining the origin of a child whose parents 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 family affairs.

If the mother and father of the child are not married to each other, the child’s descent from the mother is determined on the basis of the document of the health care institution about the birth of her child. If the mother and father of the child are not married to each other, the child’s descent from the father is determined:

• at the request of the mother and father of the child;
• By the tribunal’s decision.

The birth of a child in a civil marriage in Ukraine

The UK regulates relations to determine the origin of a child whose parents are not married to each other.

In this case, the presumption of paternity does not apply due to the fact that there is no marriage relationship between the child’s parents.

However, a woman and a man are not deprived of the opportunity to live as one family without marriage (see Commentary to Article 74 of the UK), to run a joint household and to give birth and raise children. There are situations in life when pregnancy is not predictable at all, just like the woman’s partner (biological father) is accidental, but the latter decides to give birth to a child.

Despite the absence of marriage and the impossibility of the principle of presumption of paternity, a child is born and the legislator is obliged to regulate the procedure for determining the origin of the child from the parents, and such a procedure should not affect the scope of the child’s rights and obligations.

The rights of the child born out of wedlock in Ukraine

According to t. 1, Art. 52 of the Constitution of Ukraine, children are equal in their rights regardless of origin, as well as whether they were born in or out of marriage.

Actually, the implementation of the provisions of the Constitution provides for the origin of a child whose parents are not married to each other, since the child is guaranteed paternity, regardless of whether her parents are married.

There is an opinion that the UK divides children into those born in wedlock and illegitimate.

In fact, not children should be classified, but parents according to the criterion of staying or not being married.

Establishment of motherhood at the birth of a child not in wedlock in Ukraine

Part 1 of Article 74 of the UK concerns the establishment of maternity, which is determined in the case of the birth of a child out of wedlock on the basis of a document from a health care institution on the birth of the child’s mother (medical birth certificate).

Thus, to establish maternity, a medical certificate of the birth of a child is sufficient, regardless of whether the woman is in a registered marriage or not.

In this case, only the presumption of motherhood is valid.

Methods for determining the origin of a child in Ukraine

The legal analysis of Part 2 of Article 74 of the SK allows us to conclude that there are two ways to determine the origin of a child whose parents are not married to each other:

• voluntary;
• judicial.

The voluntary method consists in the bilateral expression of the will of the mother and father by applying to the state registration authority for acts of civil status with a corresponding statement. In other words, the voluntary method can be called registration or extrajudicial.

In more detail, the procedure for voluntary recognition of paternity is regulated by the order of the Ministry of Justice of Ukraine from “On Approval of the Rules for State Registration of Acts of Civil Status in Ukraine”.

The essence of the judicial method of origin of a child, whose parents are not married to each other, is to apply one of them to the court, as a result of considering a civil case on the merits, paternity is established by a court decision, which is binding.

It should be noted that Part 2 of this article has changed. The Law of Ukraine “On state registration of acts of civil status” excluded clause 2, part 2 of Art. 125 of the UK, which provided for the possibility of the child’s descent from the father at the request of a man who considers himself the father of the child.

The Role of Parents in the Paternity Determination Process in Ukraine

In our opinion, such a step is correct, since the position of both parents should be taken into account when determining the origin of a child from parents who are not married to each other.

Moreover, a person who considers himself the father of a child is not deprived of the opportunity to determine his paternity by a court decision.

In this case, the law rigidly 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.

Methods for determining the origin of a child whose parents are not married to each other and the procedure for their implementation is provided for in Articles 126-128 of the Criminal Code (see Commentary on Articles 126-128 of the Criminal Code).

Family attorney for the descent of a child whose parents are not married to each other in Ukraine

To effectively resolve the case of determining the origin of a child whose parents 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 a child whose parents are not married to each other.

If you do not know how to do the right thing to decide the case in your favor – write or call our family lawyers!

The first step on the road to success in solving a case to determine the origin of a child whose parents are not married to each other is to contact good family lawyers!

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