✅ Establishing paternity

Establishing paternity

Establishing paternity in Ukraine

Our family lawyers are often asked the following questions: How to voluntarily admit paternity? How to establish paternity after the death of a father? How to make a statement of claim for establishing paternity?

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

Establishing the fact of paternity in Ukraine

In the event of the death of a husband who was not married to the child’s mother, the fact of his paternity can be established by a court decision.

An application for establishing the fact 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.

An application for establishing the fact of paternity can be submitted by the persons specified in part three of Article 128 of the Family Code of Ukraine.

Another, no less effective way of protecting family rights and interests is the institution of establishing the fact of paternity by a court decision.

The fact of paternity is established in a special procedure.

In accordance with Art. 293 Code of Civil Procedure, a separate proceeding is a type of non-disruptive civil proceedings, in the order of which civil cases are considered on the confirmation of the presence or absence of legal facts that are important for the protection of the rights and interests of a person or the creation of conditions for the exercise of personal non-property or property rights, confirmation of the presence or absence of uncontested rights …

Establishing the fact of paternity in relation to the person making such an application has corresponding legal consequences.

Moreover, these consequences can provide the applicant with the opportunity to exercise, after the establishment of such a fact, his rights in the field of inheritance, housing, social and other legal relations.

Cases of Establishing the Fact of Paternity in Ukraine

The history of family law defines two cases of establishing the fact of paternity:

  • establishing the fact of recognition of paternity;
  • establishing the fact of paternity.

Actually, these are two different facts that have legal significance, but their legal consequences are the same – entering information about the father in the Birth Registration Book on the basis of a court decision.

It should be noted that in court the fact of paternity could be established only in relation to children born after October 1, 1968 p., Since only with the adoption of the Fundamentals of Legislation of the PCP Union and the Union Republics on Marriage and Family, it became possible to establish paternity in court, which was prohibited from 1944 g.

This issue is covered in more detail in the resolution of the Plenum of the Supreme Court of Ukraine No. 16 of June 12, 1998 “On the application by the courts of certain norms of the Marriage and Family Code of Ukraine”, which has now become invalid.

Proving in this category of cases had to be based on the requirements of Part. Art. 53 CoBS.

With the entry into force of the UK, approaches to the consideration of paternity cases have changed.

Grounds for Establishing the Fact of Paternity in Ukraine

Establishing the fact of paternity is possible only if there are the following grounds:

  • a man who was not married to the child’s mother died (declared dead);
  • the record of the child’s father in the Birth Registration Book was made in accordance with Part 1 of Art. 135 of the Code;
  • when a child is born to an unmarried mother, in cases where there is no joint statement by the parents, a statement by the father or a court decision, the record of 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 the place of her 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.

Resolution of the PVSU when establishing the fact of paternity in Ukraine

When resolving this dispute, the courts should be guided by the requirements of the resolution of the Plenum of the Supreme Court of Ukraine “On the application of certain norms of the Family Code of Ukraine by the courts when considering cases concerning paternity, maternity and recovery of alimony” and the resolution of the Plenum of the Supreme Court of Ukraine dated March 31, 1995 No. 5 “On judicial practice on cases of establishing facts of legal significance https://zakon.rada.gov.ua/laws/show/v0005700-95.

Part 2 of Article 135 of the Investigative Committee of Ukraine defines the range of subjects who have the right to apply to the court with an application to establish the fact of paternity.

In particular, such an application may be submitted by the mother, guardian, guardian of the child, the person who maintains and brings up the child, as well as the child himself who has reached the age of majority.

Dispute about the right when establishing the fact of paternity in Ukraine

When considering a case on establishing the fact of paternity, the question of the existence of a dispute about the right may arise.

In particular, if the fact of paternity gives the right to inheritance under the law, then all interested persons (heirs) should be involved in the case.

If one of the interested parties denies the establishment of the fact, motivating their objections by the existence of a dispute about the right, then the application in the order of special proceedings cannot be considered.

According to Part 6 of Art. 294 of the Code of Civil Procedure, if, when considering a case in a special proceeding, a dispute arises about the right, which is resolved in a claim proceeding, the court leaves the application without consideration and explains to interested parties that they have the right to file a claim on a general basis.

The law does not provide for the possibility of establishing the fact of paternity if a person is recognized as missing. However, by analogy with the law, we do not exclude the possibility of considering this issue under the rules of Art. 130 SK.

Family Paternity Lawyer in Ukraine

For an effective solution to a paternity case, 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 establishing 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 on the road to success in a paternity case is to contact good family lawyers!

If the article “Establishing 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 on new changes in the legislation of Ukraine regarding the establishment of paternity.

Frequently asked questions to a lawyer in Ukraine

Who can apply to the court to establish the fact of paternity?
How is the fact of paternity established if the child's father was not married to his mother and died?
Does the year of birth of a child matter for establishing paternity in relation to him?

Useful site materials advokat-skriabin.com:

  1. Acknowledgment of paternity
  2. Contesting paternity
  3. Removing a young child
  4. Adoption of a child
  5. Dispute over paternity
advokat-skriabin.com

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Checked by Victoria on 23.06.21

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SKRIABIN
Who can apply to the court to establish the fact of paternity?
Such an application can be submitted 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.
How is the fact of paternity established if the child's father was not married to his mother and died?
In the event of the death of a man who was not married to the child's mother, the fact of his paternity can be established by a court decision.
Does the year of birth of a child matter for establishing paternity in relation to him?
It should be noted that in court, the fact of paternity can only be established in relation to children born after October 1, 1968 p. Since it was only with the adoption of the Fundamentals of Legislation of the PCP Union and the Union Republics on Marriage and Family that the judicial establishment of paternity became possible, which has been prohibited since 1944.