✅ Dispute over paternity

Paternity dispute

Our family lawyers are often asked the following questions: How to challenge paternity? How to exclude the father from the birth certificate? How to make a statement of claim declaring a paternity record invalid?

On our website advokat-skriabin.com you can familiarize yourself with the topic: “Dispute about 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.

A dispute about paternity between a man, the mother of a child and a person who considers himself the father of the child.

A person who considers himself the father of a child born to a woman who at the time of conception or birth of a child was married to another man, has the right to bring a claim against her husband, if he is recorded as the father of the child, to acknowledge his paternity.

Contesting paternity

A one-year limitation period is applied to the claim for acknowledgment of paternity, which starts from the day when the person learned or could learn about his paternity.

Legislation resolves issues arising from a dispute about paternity between a man, the mother of a child and a person who considers himself the father of the child.

Unlike the CoBS of Ukraine, according to which no one but him could challenge the paternity of a husband who was married to the child’s mother, the new Family Code of Ukraine provides for such an opportunity.

In particular, a person who considers himself the father of a child born to a woman, who was married to another man at the time of conception or birth of a child, has the right to bring a claim against her husband, if he is registered as the father of the child, to acknowledge his paternity.

In this case, a dispute arises about the law, and therefore it must be resolved in the order of action in accordance with the Code of Civil Procedure of Ukraine. Moreover, this trial is aimed at refuting the presumption of paternity and is the right of a person who is the real father of a child to refute the paternity of another person.

Dispute on establishing paternity

The opinion of the child in resolving this dispute is not taken into account due to the fact that the child cannot choose his parents due to the nature and content of the parental relationship.

When considering a dispute, the court must proceed from the content of Part 2 of Article 128 of the Family Code of Ukraine, according to which 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 (Article 128 of the Family Code of Ukraine).

Establishing the fact of paternity

Forensic genetic examination is important in the process of proving the paternity of the plaintiff and refuting the paternity of the husband, who is recorded by the father of the child.

The defendants in this case are the child’s father and the state registration body for acts of civil status, if the statement of claim raises the question of excluding the defendant from the birth record and the record by the plaintiff’s father.

The mother of the child for a complete and comprehensive clarification of all the circumstances of the case should be involved as a third party without independent claims on the subject of the dispute.

According to clause 6 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,” a person considers himself the father of a child born by a woman who at the time of conception or birth of a child was married to another man, has the right to bring a claim against the latter for recognition of his paternity, if that is recorded by his father.

In cases where a specific person is recorded as the father of the child, the claims for acknowledgment of paternity should be considered simultaneously with the requirements for the exclusion of information about this person as a father from the child’s birth record.

Issues of limitation of actions in resolving a dispute on paternity

Part 2 of Article 128 of the Family Code of Ukraine regulates the issues of limitation of actions when resolving a dispute about paternity between a man, the mother of a child and a person who considers himself the father of the child.

According to Article 129 of the Family Code of Ukraine, the specified person can apply with such claims within the limitation period (one year), during which begins from the day when this person learned or could learn about his paternity.

Moreover, the legislator proceeds from the fact that 12 months is enough for a person to make such a decision.

In judicial practice, for a long time, there was no unified position on the possibility or impossibility of applying a one-year limitation period also regarding claims for recognition of paternity in the manner prescribed by Article 128 of the Family Code of Ukraine.

In this regard, due to the not entirely successful legal structure, part 2 of Article 129 of the Family Code of Ukraine, according to which a one-year limitation period applies to the requirement for recognition of paternity, which begins from the day when the person learned or could learn about his paternity, the courts applied the summer limitation period, both in cases defined in Article 128 of the Family Code of Ukraine, and in a dispute over paternity between a man’s mother of a child and a person who considers himself the father of the child.

Family Disputes Regarding Contested Paternity

In this regard, the Chamber of Civil Cases of the Supreme Court of Ukraine, in its decision of April 27, 2017 in case No. 161/7536/15-c, formed a legal position on the impossibility of applying the statute of limitations to the requirements arising from Article 128 of the Family Code of Ukraine.

The Supreme Court of Ukraine considers that in accordance with Article 20 of the Family Code of Ukraine with the requirements arising from family relations, the limitation of actions does not apply, except for the cases provided for in part 2 of article 72, part 2 of article 129, part 3 of article 138, part 3 of article 139 of the Family Code Ukraine.

In the cases provided for in Part 1 of Article 129 of the Family Code of Ukraine, the limitation period is applied by the court in accordance with the Civil Procedure Code of Ukraine, unless otherwise provided by the Family Code of Ukraine. According to part 1 of Article 129 of the Family Code of Ukraine, a person who considers himself the father of a child born by a woman who was married to another man at the time of conception or birth of a child has the right to bring a claim against her husband, if he is registered as the father of the child, to acknowledge his paternity.

Part 2 of this article stipulates that a one-year limitation period applies to claims for recognition of paternity, which begins from the day when the person learned or could learn about his paternity. Based on the outlined norms of family law, the following conclusions can be drawn.

The legislator, in part 1 of Article 20 of the Family Code of Ukraine, consolidated an exhaustive list of articles of this Code and in accordance with the requirements arising from family relations to which the limitation period applies.

This list includes, in accordance with part 2 of Article 129 of the Family Code of Ukraine, the requirement for the recognition of paternity by a person who considers himself the father of a child born to a woman who was married to another man at the time of conception or birth of a child.

Dispute on the Establishment and Determination of Paternity

Therefore, the provisions in part 2 of Article 129 of the Family Code of Ukraine are special and cannot be extended to the provisions on the recognition of paternity provided for in Article 128 of the Family Code of Ukraine.

In addition, the legislator, in part 2 of Article 20 of the Family Code of Ukraine, provided for the subsidiary application of the provisions of the Civil Procedure Code of Ukraine concerning the limitation of actions to family relations in cases provided for in part 1 of Article 20 of the Family Code of Ukraine Therefore, in the cases provided for in Part 2 of Art. 72, part 2 of Art. 129, h. W Art. 138, h. W Art. 139 of the Family Code of Ukraine, the legal prescriptions enshrined in Part 3 of Art. 267 Civil Code.

That is, the court on its own initiative is not entitled to apply the statute of limitations.

The limitation period cannot be applied without a statement by the party to the dispute under any circumstances, since the possibility of applying the limitation period is only related to the presence of a statement about this by the party made before the decision was made by the court of first instance (Resolution of the Supreme Court of Ukraine dated April 27, 2017, court case No. 161 / 7536/15-p. Http://reyestr.court.gov.ua/Review/66301111 http://reyestr.court.gov.ua/Review/66301111

Family Paternity Lawyer

To effectively resolve a paternity dispute, 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 a paternity dispute.

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 dispute is to contact good family lawyers!

If the article “Dispute about paternity” was useful to you, please like it. We will provide you with the most relevant and useful information in the field of family law, as well as on new changes in the legislation of Ukraine regarding the paternity dispute.

Frequently asked questions to a lawyer

What is the basis for the acknowledgment of paternity?
How long is the statute of limitations for recognizing paternity?
Who is the defendant in paternity acknowledgment cases?
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Checked by Victoria on 23.06.21

ADVEGO

paternity 42 3.31
family 40 3.15
child 32 2.52
Ukraine 32 2.52
article 28 2.20
code 26 2.05
Code of Ukraine 25 1.97 / 3.94
Family Code 22 1.73 / 3.46
family code of ukraine 22 1.73 / 5.20
claim 20 1.57
father 20 1.57
articles of the family code of ukraine 20 1.57 / 6.30
family articles 18 1.42 / 2.83
articles of the family code 18 1.42 / 4.25
parts of article 18 1.42 / 2.83
prescription 16 1.26
limitation period 16 1.26 / 2.52
father of the child 16 1.26 / 2.52
part 15 1.18
recognition 13 1.02
considers the child to be the father 13 1.02 / 3.07
acknowledgment of paternity 12 0.94 / 1.89
dispute 12 0.94
requirement 12 0.94
parts of the article family 11 0.87 / 2.60
parts of the family code article 11 0.87 / 3.46

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SKRIABIN
What is the basis for the acknowledgment of paternity?
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 (Article 128 of the Family Code of Ukraine).
How long is the statute of limitations for recognizing paternity?
According to Article 129 of the Family Code of Ukraine, the specified person can apply with such claims within the limitation period (one year), during which begins from the day when this person learned or could learn about his paternity.
Who is the defendant in paternity acknowledgment cases?
The defendants in this case are the child's father and the state registration body for acts of civil status, if the statement of claim raises the question of excluding the defendant from the birth record and the record by the plaintiff's father.