The origin of the child from the father at the request of a woman and a man who are not married to each other

The origin of the child from the father at the request of a woman and a man who are not married to each other in Ukraine

Determining the origin of the child in Ukraine

The descent of the child from the father is determined by the application of a woman and a man who are not in a registered marriage with each other. Such an application can be submitted both before and after the birth of the child to the state civil registration authority.

If the application for recognition of the paternity is filed by the minor father of the child, the state civil status registration body informs the parents, guardians, and trustees of the minor about the registration of the child by the father. If it is impossible to inform the parents, guardians, and trustees of the minor, the state civil registration authority must notify the guardianship and guardianship authority about the registration of the minor by the father of the child.

Family lawyer in Ukraine

Our lawyers are often asked the question: Is it possible to register a non-man as the father of a child? What rights does the father of the child have if the marriage is not registered? When should an application for acknowledgment of paternity be filed?

On our website advokat-family.com.ua you will find all the answers to your questions in the field of family legislation of Ukraine.

Declaration of Paternity in Ukraine

If the application for acknowledgment of paternity cannot be submitted in person, it can be submitted through a representative or sent by mail, subject to his notarization. The representative’s credentials must be notarized.

The origin of the child from the father can be registered in the registry office, if the mother and father of the child are not married, but voluntarily submit an application to the registry office.

By law, such an application can be made both before and after the birth of the child. Although an application submitted before the birth of a child will have little or no legal effect until the moment of birth.

An application for acknowledgment of paternity can be submitted by a representative if the person, who recognizes himself as the father of the child, wants to make an entry on him, but for valid reasons cannot do it personally.

The powers of the representative to submit such an application must be properly formalized, that is, provided for in the power of attorney, according to the Family Code, must be notarized.

A statement of acknowledgment of paternity can be sent by mail, but the signature on it of the person who wants it to be recorded by the child’s father must be notarized.

A representative may also, on the basis of a notarized power of attorney, submit a person’s application for recognizing him as the father of the child, but the signatures on such a statement must be notarized.

Acknowledgment of paternity by minors in Ukraine

According to a literal analysis of part 2 of the above article of the IC, which states that if an application for recognizing himself as the father of a child is submitted by a minor, the state civil registration authority informs the parents, guardians, and trustees of the minor about his father’s registration of the child.

In our opinion, this rule is stated incorrectly, since it allows it to be understood in two ways.

It is necessary to inform the above-mentioned subjects not about the record of the minor by the father of the child, as indicated in the norm, but about the submission of the application for acknowledgment of paternity to the minors to the registry office, that is, that he agrees to be recorded as the father of the child.

It is necessary to inform parents, trustees, guardians precisely about the presence of such a statement about the possibility of being recorded as the father of the child.

The need for the Civil Registry Office to report to parents, guardians, trustees is due to the fact that they can prevent the occurrence of negative consequences in the future, in particular, appeals against the actions of the Civil Registry Office officials.

As for notifying the parents of a minor, if he has been granted full civil legal capacity or the person has entered into marriage and such a fact has been established by the court, that is, he has been granted the right to marry, then parental consent is not required to make such an entry.

If a person is underage and has not received full civil legal capacity, he is not granted the right to marriage, then such notification by the registry office of the parents, guardian is necessary, since as a result of the recognition of paternity in persons, rights and obligations may arise, in particular, to support the child, to pay alimony, but a minor himself may be supported by his parents.

Moreover, as a result of such a step, the parents of a minor also have certain obligations under Art. 16 SK.

Therefore, it is the parents who must warn the ill-considered step of a minor child, who may not be aware of the legal consequences that may arise for him as a result of recognizing his paternity.

Hence, another conclusion can be drawn that in the case of registration by the father of a minor, the parents of the latter may dispute the corresponding entry in the acts of registration of the child’s birth.

If it is impossible to inform the parents, guardians (if he is recognized as incapacitated), the guardians of the minor, the state civil registration authority must notify the guardianship and guardianship authority about the registration of the minor by the father of the child.

The guardianship and trusteeship authority should take measures to notify these subjects and take this issue under control to the search and notify parents, guardians, trustees about the registration of a minor by the father of the child.

Family lawyer in determining the origin of the child from the father at the request of a woman and a man who are not married to each other in Ukraine

In deciding the case when determining the origin of the child from the father at the request of a woman and a man who are not married to each other, the most optimal is to contact a family lawyer for divorce and children, 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 benefits of going to lawyers or attorneys for divorce and family law are:

  • the promptness of solving the case when determining the origin of the child from the father at the request of a woman and a man who are not married to each other;
  • 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.
The best way to save time and money when determining the parentage of a child from the father on the application of a woman and a man who are not married to each other is to seek the advice of a good family lawyer!

To resolve the case, you need to call or write to our family lawyers and we will provide you with all the necessary information as soon as possible! Our lawyers will help you arrange a quick divorce, an online divorce or a divorce from a foreigner.

Frequently asked questions to a lawyer in Ukraine

Should individuals personally apply for recognition of paternity?
When should an application for acknowledgment of paternity be filed?
If the child's father is a minor, or is his / her parents' consent required to record the minor as a parent of the child?
Do you need a client's personal presence in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Determining the origin of the child from the father according to the application of a woman and a man who are not married to each other” was useful for you – like it. We will provide you with the most relevant and useful information in the field of family law, as well as on current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. The rights of a woman and grandfather, great-grandmother and great-grandfather to raise grandchildren, great-grandchildren
  2. Control over the expenditure of alimony
  3. Real estate for the payment of alimony
  4. Origin of the child whose parents are married to each other
  5. Origin of a child whose parents are not married to each other
  6. Contesting paternity, maternity of a person paying alimony by court decision
  7. Determining the child’s surname
  8. Determining the name of the child
  9. Determining the patronymic of the child
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