- Establishing the Fact of Paternity by Court Decision in Ukraine
- Family lawyer in Ukraine
- Basic conditions for establishing the fact of paternity in court in Ukraine
- Circumstances for Establishing the Fact of Paternity by the Court in Ukraine
- Family attorney in establishing paternity in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Establishing the Fact of Paternity by Court Decision 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.
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.
In contrast to the claim proceeding, where the case on recognition of paternity is considered, the fact of paternity can be established in a separate proceeding in court.
Family lawyer in Ukraine
On our website advokat-family.com.ua you will find all the answers to your questions in the field of family law in Ukraine.
Basic conditions for establishing the fact of paternity in court in Ukraine
The main conditions for establishing such a fact in court are the death of the husband, who was not married to the child’s mother, and the presence of an entry about the child’s father in the Birth Registration Book, made in accordance with Part 1 of Art. 135 SK.
As for the jurisdiction, such an application is submitted to the court at the place of residence of the applicant.
An application for establishing the fact of paternity 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.
Regarding the subject of proof in this category of cases, then in this norm of the SK no peculiarities are indicated, therefore, by analogy, the provisions of Part 2 of Art. 128 SK.
Note that this issue in practice causes significant difficulties, since in order to correctly establish the subject of proof, it is necessary to formulate the circumstances on the basis of which the court should have made a conclusion about the existence or absence of the fact of paternity.
Circumstances for Establishing the Fact of Paternity by the Court in Ukraine
The same question concerns the private life of each person, and therefore, as a rule, those circumstances are selected with which the joint family life of citizens is connected:
- housekeeping;
- stay in the same room;
- joint vacation.
In addition, in such cases, circumstances are determined that testify to the recognition of paternity by the alleged father during his lifetime, namely:
- child education;
- taking care of him;
- providing material assistance and the like.
It should be noted that the resolution of the Plenum of the Supreme Court of Ukraine “On judicial practice in cases of establishing facts of legal significance” dated March 31, 1995 (with amendments and additions) is now outdated and requires amendments, and therefore lawyers and judges must proceed from the letter of the law and take into account the provisions 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” dated May 15, 2006 N 3. (For more details, see the commentary on article 128 of the SK).
Family attorney in establishing paternity in Ukraine
In resolving a case when establishing paternity, the most optimal is to contact a family divorce lawyer, who will help you quickly and efficiently resolve the case in your favor.
Our lawyers specialize in solving family law cases, so they know the subtleties and nuances that will help speed up the process.
The advantages of going to family law lawyers are:
- efficiency in solving the case when establishing paternity;
- quick preparation of documents for their submission to the court;
- saving material and time resources in solving the case;
- the ability to resolve issues online.
Please contact our family lawyers if a positive result in establishing paternity is important to you.
To resolve the case, you need to call or write to our family lawyers and they will provide you with all the necessary information as soon as possible!
Frequently asked questions to a lawyer in Ukraine
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