- Paternity dispute in Ukraine
- Family lawyer in Ukraine
- Statement of Claim for Acknowledgment of Paternity in Ukraine
- Exclusion of information about the father from the birth certificate of the child in Ukraine
- Family lawyer in a paternity dispute in Ukraine
- Frequently asked questions to a lawyer in Ukraine
Paternity dispute in Ukraine
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.
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.
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.
Statement of Claim for Acknowledgment of Paternity in Ukraine
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 the latter, if he was registered as a father, for recognition of his paternity.
According to Art. 129 SK, the specified person can apply with such claims within the limitation period (one year), which begins from the day when this person learned or could learn about his paternity.
Such a case is considered in the order of action proceedings according to the rules of the Code of Civil Procedure. In practice, there are controversial questions about the possibility of applying to this dispute the rules of alternative jurisdiction provided for by the Code of Civil Procedure of Ukraine.
That is, a person who considers himself the father of a child born to a woman who at the time of conception or birth was married to another man can bring a claim against her husband, if he is recorded by the child’s father, at his place of residence, since in the text of the norm itself the legislator in part 1 is the phrase “a claim for acknowledgment of his paternity” used?
According to a literal analysis of the Civil Legal Code of Ukraine, the rule enshrined in the Code applies only to claims for recognition of the paternity of the defendant, that is, the claim of the mother or other persons about the father of the child in accordance with Art. 128 CK, except para. 2 h. 3 tbsp. 128 SK.
On consideration of the case in accordance with Art. 129 of the SK, which actually refers to challenging the paternity of the spouse of the child’s mother, who was recorded as the father of the child by a person who considers himself the father of the child, by recognizing the latter of his paternity, that is, in Art. 129 of the UK refers to a claim for the recognition of his paternity.
Therefore, the claim is in the order of Art. 129 SK is presented to the court according to the rules of jurisdiction provided for in the Code of Civil Procedure.
Regarding the subject of proof, in support of their claims and objections, the parties can submit any evidence, taking into account their belonging and admissibility, as means of proof in this dispute, in particular written, material, sound, video recordings, the conclusion of a forensic genetic examination, testimony of witnesses.
Exclusion of information about the father from the birth certificate of the child in Ukraine
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” dated May 15, 2006 No. acknowledgment of paternity should be considered simultaneously with the requirement to exclude information about this person as a father from the child’s birth record.
However, the attention of specialists should be noted that in the norms of the IC, regulating the recognition of paternity by a court decision, nothing is said about such a requirement as the exclusion of information about a person as a father from the record of the birth of a child.
In our opinion and according to the norms of the Code of Civil Procedure, the court decision on the recognition of paternity, rendered in accordance with Art. 129 SK, after entry into force should be the basis for the execution of the registry office by virtue of its general obligation, therefore, there should be an automatic cancellation of the record about the previous father, that is, the exclusion of information about this person as the father of the child from the record of his birth.
Otherwise, the question arises: how, then, should the civil registry office comply with the court’s decision on the recognition of paternity?
Family lawyer in a paternity dispute in Ukraine
In resolving a case in a paternity dispute, 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 resolving a case in a paternity dispute;
- 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.
Contact our family lawyers if a positive outcome in a paternity dispute 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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