✅ Acknowledgment of paternity

Acknowledgment of paternity

Our family lawyers are often asked the following questions: How to recognize paternity through DRACS? How to recognize paternity through a court? What documents are needed for the recognition of paternity in Ukraine? How to draw up a statement of acknowledgment of paternity?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Acknowledgment of paternity” 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.

Acknowledgment of paternity by court decision

  1. In the absence of an application, the right to submit which is established in Article 126 of the Family Code of Ukraine, paternity of a child may be recognized by a court decision.
  2. The basis for recognizing paternity is any information confirming the origin of a child from a specific person, collected in accordance with the Civil Procedure Code of Ukraine.
  3. A claim for acknowledgment of paternity can be brought by the mother, guardian, guardian of the child, the person who maintains and brings up the child, as well as by the child himself, upon reaching the age of majority.

A claim for acknowledgment of paternity can be brought by a person who considers himself the father of the child.

Child’s father record

A claim for recognition of paternity is accepted by the court if the entry about the child’s father in the Birth Registration Book is made in accordance with part one of Article 135 of the Family Code of Ukraine

Ways to protect family rights and interests in the field of parenting

The article regulates the judicial method of protecting family rights and interests in the area of paternity. According to part 1 of article 4 of the Civil Procedure Code of Ukraine, each person has the right, in accordance with the procedure established in the Family Code of Ukraine, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or interests.

Moreover, such a right can be exercised, both in the procedure for action in the presence of a dispute about the right (recognition of paternity by a court decision), and in a separate proceeding (establishment of the fact of paternity). This article regulates relations on the implementation of the right to paternity in the course of action.

Grounds for acknowledgment of paternity

The legislation determines the conditions under which paternity of a child can be recognized by a court decision – the absence of an application, the right to submit which is established in Article 126 of the Family Code of Ukraine, that is, a joint application of a woman and a man who are not married to each other has not been submitted … This legal norm has been amended in accordance with the Law of Ukraine “On state registration of acts of civil status” related to the exclusion of article 127 of the Family Code of Ukraine from family legislation.

The basis for the recognition of paternity is any information confirming the origin of a child from a specific person, collected in accordance with the Civil Procedure Code of Ukraine, that is, evidence in cases of recognition of paternity is based on the norms of not material, but procedural law.

A claim for acknowledgment of paternity

The legislator establishes a list of persons who have the right to file a claim for acknowledgment of paternity. In particular, a claim for acknowledgment of paternity can be brought by the mother, guardian, guardian of the child, the person who maintains and brings up the child, as well as by the child who has reached the age of majority. A claim for acknowledgment of paternity can be brought by a person who considers himself the father of the child.

The issue of determining the civil procedure legal personality in determining the child’s right to file a claim for recognition of paternity is quite controversial.

So, in part 3 of article 128 of the Family Code of Ukraine, it is provided that such a right is vested in a child who has reached the age of majority. However, in this regard, there is a legal norm in the law, according to which the right to directly appeal to the court for the protection of family law and interest is guaranteed from the age of fourteen (part 1 of Article 18 of the Family Code of Ukraine). It is advisable to bring part 3 of article 128 of the Family Code of Ukraine in line with the requirements of part 1 of article 18 of the Family Code of Ukraine.

A claim for acknowledgment of paternity may be accepted by the court, provided that the entry about the child’s father in the Birth Registration Book is made in accordance with Part 1 of Article 135 of the Family Code of Ukraine. This means that in the course of action proceedings, a dispute on the acknowledgment of paternity can be considered if:

  • when a child is born to an unmarried mother, in cases where there is no joint statement of the parents or a court decision, the entry about the child’s father in the Birth Registration Book is made by the mother’s surname, and the name and patronymic of the child’s father are recorded at her direction;
  • in the event of the death of the mother, as well as if it is impossible to establish her place of residence, the record of the mother and father of the child is made in accordance with this article, at the request of relatives, other persons or an authorized representative of the health care institution in which the child was born.

In addition, in accordance with clause 4 of the resolution of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony”, it is possible to apply to the court with a claim for recognition of paternity even in the case when the parents of the child unknown and the entry about them in the birth registration book was made by decision of the guardianship and guardianship authority (part 2 of article 135 of the Family Code of Ukraine).

The basis for recognizing paternity is any information confirming the origin of a child from a specific person, collected in accordance with the Civil Procedure Code of Ukraine. In accordance with Article 76 of the Civil Procedure Code of Ukraine, evidence is any data on the basis of which the court establishes the presence or absence of circumstances (facts) substantiating the claims and objections of the participants in the case, and other circumstances relevant to the resolution of the case.

This data is installed using the following means:

  • written physical and electronic evidence;
  • expert conclusions;
  • witness’s testimonies.

That is, when resolving a dispute on the recognition of paternity, all of the above evidence should be taken into account in aggregate. Moreover, each party is obliged to prove the circumstances to which it refers as the basis for its claims and objections (part 1 of Article 81 of the Civil Procedure Code of Ukraine).

Conclusion on exclusion of paternity

In addition, according to part 2 of Article 78 of the Civil Procedure Code of Ukraine, the circumstances of the case, which, according to the law, must be confirmed by certain means of proof, cannot be confirmed by other means of proof. In this regard, the expert opinion is of particular importance in the process of proving paternity.

Based on the results of a forensic biological (genetic) examination using genotyposcopy (DNA analysis), experts can determine paternity with a probability of up to 99.9 percent or come to a conclusion about its exclusion.

It is also possible to draw a conclusion about the exclusion of paternity on the basis of a forensic immunological examination (blood examination), or a forensic medical examination, which determines a person’s ability to conceive a child. However, DNA examination, today, is the most effective evidence confirming the presence or absence of paternity of a person in relation to a child.

A court decision on the recognition of paternity should be based on comprehensively verified by the court data confirming or refuting the stated requirements or objections to them, and its operative part should contain all the information necessary for registering paternity (motherhood) in the registry office (surname, name and patronymic of the mother and father, date, month and year of their birth, citizenship, as well as the number of the act record on the birth of the child, when and by which authority it was executed).

Proof of child origin

The court decides on the origin of the child on the basis of any evidence about it. The conclusions of the expertise, including the forensic genetic one, must be assessed taking into account the provisions of Part 2 of Article 89 of the Civil Procedure Code of Ukraine, according to which no evidence has a predetermined force for the court.

The court assesses the relevance, admissibility, reliability of each piece of evidence separately, as well as the sufficiency and interconnection of the evidence in its entirety.

The court evaluates both the evidence collected in the case as a whole and each piece of evidence (group of similar evidence) contained in the case, motivates the deviation or consideration of each piece of evidence (group of evidence). If a participant in the case evades the presentation of the necessary materials, documents or other participation in the examination to experts, if it is impossible to conduct an examination without this, the court, depending on which of these persons evades, and also what this examination is important for them, may recognize the fact to find out which examination was appointed, or refuse to recognize it (Article 109 of the Civil Procedure Code of Ukraine).

Analysis of court decisions in cases of acknowledgment of paternity

An analysis of court decisions in cases of acknowledgment of paternity using a unified register of court decisions indicates that, in the overwhelming majority, the courts, in case of establishing the fact of the defendant’s evasion from participation in the forensic molecular genetic examination, establish the fact of paternity, provided that the fact of the evasion itself is proved.

However, the plaintiff may present other evidence confirming the fact of an intimate relationship between the parties to the case, living together, resting, or actually acknowledging paternity by the defendant.

Despite this, the defendant’s evasion from participation in the examination, his failure to appear at court sessions, failure to submit a response to the claim may serve as an independent basis for satisfying the claim for recognition of paternity.

In particular, the European Court of Human Rights noted that the DNA test is the only scientific method for accurately establishing paternity in relation to a particular child; its probative value significantly exceeds any other evidence provided by the parties with the aim of either confirming or refuting the fact of the contested paternity (case of the European Court of Human Rights No. 3451/05 “Kalacheva v. Russia” of May 7, 2009, § 34).

The defendant deliberately avoided participating in the expert examination appointed by the court, by failing to appear on repeated calls to the medical institution to provide biological samples, prevents the court from establishing all the circumstances of the case, and the plaintiff, in this regard, is deprived of the opportunity to prove his claim, and therefore by the court of genetic examination, in fact, becomes impossible.

The current civil procedural legislation of Ukraine does not provide for the possibility of compulsory selection of biological blood samples, and the previously existing legal norm on the possibility of a court applying a pretext to the defendant in an expert institution for conducting a forensic genetic examination in the new edition of the Civil Procedure Code of Ukraine is absent. Thus, the application of Article 109 of the Civil Procedure Code of Ukraine is the only option to prove the fact of paternity.

According to Part 4 of Article 12 of the Civil Procedure Code of Ukraine, each party bears the risk of consequences associated with the commission or non-performance of procedural actions.

Evidence in paternity disputes

It should be noted that, unlike the CoBS 1969 (the Code of Laws on Family, Guardianship, Marriage and Civil Status Acts of the Ukrainian SSR 1926), where, when resolving a dispute about paternity, preference was given to legal rather than biological criteria, the new Family Code of Ukraine gives priority to biological criteria. , which are sufficient to satisfy the claim for acknowledgment of paternity.

Unlike the KBS (Code of laws on family, guardianship, marriage and acts of civil status of the Ukrainian SSR 1926), which in order to establish paternity required the establishment of cohabitation and maintenance of a common household between a man and his mother before the birth of a child, joint upbringing and maintenance of a child by them, written, oral or in another way the perfect recognition by those who may be the father of their paternity (part 3 of Article 53 of the Civil Procedure Code of Ukraine), for the application of Article 128 of the Family Code of Ukraine, it is enough to prove the existence of only a biological connection.

Possibility or impossibility of judicial establishment of paternity

The history of family law testifies to the different approaches of the legislator to the possibility or impossibility of judicial establishment of paternity. So, in the period from 1926 to 1944, paternity could be established by the court on the basis of various evidence (Code of laws on family, guardianship, marriage and acts of civil status of the Ukrainian SSR 1926).

From 1944 to 1968, the possibility of establishing paternity in court was canceled (Decree of the Presidium of the Supreme Soviet of the USSR of July 8, 1944).

Starting in 1968, the judicial establishment of paternity was again legislated. But in the new Family Code of Ukraine, the approach to the recognition of paternity in court is fundamentally changed, which indicates the importance of this legal institution in family law.

The decree of the Plenum of the Supreme Court of Ukraine “On the application by courts of certain norms of the Family Code of Ukraine when considering cases concerning paternity, motherhood and the recovery of alimony” is important for the correct and unambiguous application of the norms of the Family Code of Ukraine on the recognition of paternity.

The Plenum of the Supreme Court of Ukraine determines that, according to the general rule of the operation of laws and other normative legal acts in time (part 1 of Article 58 of the Constitution of Ukraine), the norms of the Family Code of Ukraine apply to family relations that have arisen after its entry into force, that is, not earlier January 1, 2004

Judicial practice on the recognition of paternity in relation to a child

To family relations that already existed on the specified date, the norms of the Family Code of Ukraine apply only to those rights and obligations that arose after the entry into force. These rights and obligations are determined on the grounds provided for by the Family Code of Ukraine.

When considering cases of these categories, the courts should take into account that, in accordance with paragraph 2 of Section. VII “Final Provisions” of the Family Code of Ukraine, the legal norms governing marriage and family relations have become invalid since January 1, 2004.

Since the grounds for recognizing paternity by a court decision, specified in Article 128 of the Family Code of Ukraine, differ significantly from the grounds for its establishment provided for in Article 53 of the Code, the courts, when deciding which rule should be guided by when considering cases of this category, must proceed from date of birth of the child. So, when considering cases of establishing paternity in relation to a child born before January 1, 2004, it is necessary to apply the relevant norms of the MSC, taking into account all the evidence that reliably confirms the recognition of paternity by the defendant, in their aggregate, in particular, cohabitation and running a common household by the defendant and the mother of the child before his birth, joint upbringing or maintenance of the child by them.

Cases on the recognition of paternity in respect of a child born not earlier than January 1, 2004, the court must decide in accordance with the norms of the Family Code of Ukraine, in particular, part 2 of Article 128, on the basis of any evidence certifying the child’s descent from a certain person and collected in compliance with the rules of civil procedural legislation.

The Supreme Court of Ukraine also came to a similar legal opinion in case No. 6-20ts15 of February 25, 2015 (Resolution of the Supreme Court of Ukraine of February 25, 2015, court case No. 6-20ts15. Http://reyestr.court.gov .ua / Review / 42886583 (date accessed 10.04.2019).

Family Paternity Lawyer

For an effective solution of the case on recognition of paternity, you should contact professional family lawyers.

Children’s 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!

Contacting us is a way to save time and money in resolving the issue of recognition of paternity.

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 towards success in a paternity acknowledgment case is to contact good family lawyers!

If the article “Acknowledgment of Paternity” was useful for you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as new changes in the legislation of Ukraine on the recognition of paternity.

Frequently asked questions to a lawyer

Who can file a paternity claim?
What is the basis for the acknowledgment of paternity?
What means are used to prove paternity?
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Checked by Victoria on 23.06.21

ADVEGO

paternity 70 3.26
Ukraine 46 2.14
family 44 2.05
recognition 43 2.00
acknowledgment of paternity 40 1.86 / 3.72
child 40 1.86
code 39 1.81
Code of Ukraine 36 1.67 / 3.35
article 28 1.30
court 25 1.16
family code 23 1.07 / 2.14
family code of ukraine 23 1.07 / 3.21
proof 20 0.93
civil 19 0.88
procedural 17 0.79
civil procedural 15 0.70 / 1.40
solution 15 0.70
examination 15 0.70
norm 14 0.65
base 14 0.65
right 14 0.65
judicial 14 0.65
part 14 0.65

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SKRIABIN
Who can file a paternity claim?
A claim for acknowledgment of paternity may be brought by the mother, guardian, guardian of the child, the person who maintains and brings up the child, as well as by the child who has reached the age of majority.
What is the basis for the acknowledgment of paternity?
The basis for the recognition of paternity is any information confirming the origin of the child from a specific person, collected in accordance with the Civil
the procedural code of Ukraine.
What means are used to prove paternity?
Today, the most effective evidence confirming the presence or absence of paternity of a person in relation to a child is a DNA examination.