Acknowledgment of paternity

Acknowledgment of paternity in Ukraine

Acknowledgment of paternity by court decision in Ukraine

Acknowledgment of paternity by court decision in Ukraine

In the absence of applications, the right to submit which is established by Articles 126 and 127 of the Family Code, paternity of a child can be recognized by a court decision.

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.

Family lawyer in Ukraine

Family lawyer in Ukraine

Our lawyers are often asked the question: What documents are needed for the recognition of paternity in Ukraine? How to draw up a statement of acknowledgment of paternity? Can a minor child file a paternity claim?

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

Who can file a paternity claim in Ukraine

Who can file a paternity claim in Ukraine

A claim for acknowledgment of paternity may be brought 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.

A claim for acknowledgment of paternity can be brought by a person who considers himself the father of the child.

A claim for recognition 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.

It should be taken into account that the fact of paternity, which was established in court, can be considered both in the order of the claim and in separate proceedings.

Therefore, it is necessary to clearly know the conditions under which it is possible to establish it in court, the conditions for referring it to the competence of the court, the circle of persons who can apply to the court to establish such facts.

So, Article 128 of the SK provides for a case when the fact of recognition of paternity is established in the course of action proceedings.

The main condition that determines the possibility of considering a case on recognition of paternity in the course of action proceedings is the absence of applications, the right to submit which is regulated by Articles 126, 127 of the SK, namely:

  • h. 1 tbsp. 126 SK – applications of a woman and a man who are not married to each other about the registration of the husband by the father of the child;
  • h. 1 tbsp. 127 SK – a statement by a man who is not married to the child’s mother to the registry office about recognizing himself as the father of the child in the cases provided for by this norm.

Such a claim is brought 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.

The latter provision, to a certain extent, contradicts Art. 18 SK, part 2 of Art. 29 of the Code of Civil Procedure, in which a 14-year-old child is endowed with the right to go to court.

Since Art. 18 SK is considered common, then Art. 127 SK is an exception, but such a restriction of the rights of the child to a certain extent contradicts logic, since an adult child needs a father less than a 14-year-old who requires parental care at this age and has the right to receive alimony in a fixed amount or in a share of earnings. In this case, the alleged father of the child will be the defendant.

A claim for acknowledgment of paternity can also be brought by a person who considers himself the father of the child. As for the jurisdiction of this category of cases, according to the Code of Civil Procedure of Ukraine, claims for recognition of the defendant’s paternity can also be brought at the place of residence of the plaintiff or, according to the general rule of jurisdiction, at the place of residence of the defendant.

As for the attribution of the case on recognition of paternity to the competence of the court, one of the prerequisites is 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, that is, the record about the father is made by the mother’s surname, and the name and patronymic of the child’s father are recorded at her direction.

The condition for considering such a case should be that the child’s parents are not in a registered marriage, and the father voluntarily does not want to register the child in his own name, or the mother refuses to voluntarily register this particular person as the child’s father.

The grounds for the claim are any factual data that certify the origin of the child from a certain person, that is, the court must proceed from the specific circumstances of the case, while observing the adversarial principle.

In this case, each party must prove the circumstances to which it refers as the basis for its claims and objections, on the basis of appropriate evidence and admissible evidence.

Regarding the subject of proof in this category of cases, no specifics are indicated in the IC, therefore persons submit various evidence – written, material, witnesses are questioned who can confirm the circumstances with which, as a rule, the cohabitation of the child’s mother with his father is associated, conducting housekeeping with him, joint vacation and the like.

In addition, in such cases, circumstances are determined that testify to the alleged father’s recognition of his paternity during his lifetime, namely, raising a child, taking care of him, providing material assistance, and the like.

Expert opinion on evidence of paternity in Ukraine

Expert opinion on evidence of paternity in Ukraine

The paternity of a person may be proved on the basis of such a means of proof, which is an expert opinion.

In particular, it is possible to determine the origin of the child from the father on the basis of a forensic genetic examination, the conclusion on which may be categorical, that is, it is the respondent who is the father of the child or the respondent is not the father of the child.

Such a categorical conclusion will be one of the grounds for recognizing paternity in court.

But if the defendant in the case of acknowledgment of paternity evades the conduct of a forensic biological (genetic) examination, he may be compulsorily obliged to it by the court by issuing an order for compulsory bringing to conduct such an examination.

Application of legal provisions to determine paternity in Ukraine

When deciding such cases, judges should 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 (hereinafter – the Resolution).

Clause 3 of the Resolution provides, since the grounds for recognizing paternity by a court decision, specified in Art. 128 SK, significantly differ from the grounds for its installation, provided for in Art. 53 MSC, courts, when deciding what rule should be guided by when considering cases of this category, should proceed from the date of birth of the child.

So, when considering cases of establishing paternity in relation to a child born on January 1, 2004, the relevant norms of the Code of CoBS should be applied, taking into account all the evidence that reliably confirms the recognition of paternity by the defendant, in their aggregate, in particular, cohabitation and common household by the defendant and the mother of the child before his birth, joint upbringing or maintenance of the child by them.

Cases on the recognition of paternity in relation to a child (including separate proceedings), who was born not earlier than January 1, 2004, must be decided by the court in accordance with the norms of the IC, in particular Part 2 of Art. 128, on the basis of any evidence certifying the origin of the child from a specific person and collected in compliance with the rules of civil procedural legislation.

Conditions for accepting statements of claim in Ukraine

Conditions for accepting statements of claim in Ukraine

In paragraph 4 of the Resolution, in addition to the aforementioned conditions for accepting statements of claim for court proceedings, the following are indicated:

  • the child is born by an unmarried mother, there is no joint statement of the parents, the statement of the father or the court decision, and the entry about the father of the child in the Birth Registration Book is made by the mother’s surname, and the child’s name and patronymic are recorded at the direction of the mother (part 1 of article 135 SK);
  • in the event of the death of the mother, as well as if it is impossible to establish her place of residence, a record about her and the father of the child is made at the request of relatives, other persons or an authorized representative of the health care institution in which the child was born (part 1 of article 135 of the SK);
  • the parents of the child are unknown and the entry about them in the birth registration book was made by decision of the guardianship and guardianship authority (part 2 of article 135 of the SK).

Only persons specified in the UK can apply to the court with a claim for recognition of paternity or maternity. If such a claim is filed by other persons, the judge refuses to open proceedings on the case, since in such cases the plaintiff is not entitled to represent the interests of the child.

In the context of the disclosure of this paragraph of the aforementioned Resolution of the PVS of Ukraine, an opinion on the possibility in the order of Part 3 of Art. 128 SK to sue for the recognition of paternity by a person who considers himself the father of the child, if the child is already almost 18 years old, that is, he will soon reach the age of majority.

Alimony Obligations for an Adult Child in Ukraine

Alimony Obligations for an Adult Child in Ukraine

Imagine a situation when a child who was raised by a single mother, and in relation to her, in most cases, the father will no longer have maintenance responsibilities in the future, “a person appears” who files a claim for acknowledgment of paternity.

It seems that in order to take into account the interests of the child para. 2 h. 3 tbsp. 128 SK should be stated in the wording “a claim for acknowledgment of paternity may be brought by a person who considers himself the father of the child, until the child reaches the age of majority. The court considers this dispute taking into account the interests of the child, after listening to the opinion of the child. “

As you can see, changes in the edition of para. 2 part 3 of article 128 of the SK are connected only with the alimony obligations of a person who “appeared” to a child who is almost 18 years old and in respect of whom, in most cases, the father will no longer have a maintenance obligation in the future.

However, proceeding from such a principle of family law as equality of participants in family relations, not only the child on the father’s side, but the father, after recognition of paternity, may have alimony obligations in relation to the child, possibly larger in volume than when providing maintenance to a child under 18 years of age.

So, according to Art. 198 UK parents are obliged to support their disabled adult children in need of material assistance, if they can provide such material assistance.

Maintenance of a disabled child in Ukraine

In our law practice, there was a case when the father did not know about the birth of his son. Just before his death, his mother told her son that he had a father who lives in Canada.

The son was a disabled person of the first group since childhood. When he found his father, he decided to apply to the court for recognition of his paternity.

The father took upon himself the obligation to support the disabled adult son, no matter what the conditions, and supported him for more than 20 years.

Although the son stayed to live in Ukraine with his grandmother, he came to visit him every month, helped him financially, providing him with about a thousand dollars every month, paid all the expenses for his son’s treatment, bought him vouchers to a sanatorium.

In addition, my father had his own business in Canada. After his death, all inheritance passed to his son.

In life, there may be various legal situations in which the father helped to formalize the inheritance abroad, but did not formalize his paternity:

  • the father did not know about the birth of the child;
  • due to objective circumstances, the person could not be recorded as the child’s father (for example, in connection with the performance of secret work in intelligence agencies, etc.).

Therefore, in our opinion, it is inappropriate to restrict the father’s right to submit an application for recognition of paternity before the child reaches the age of majority, since, as follows from the above example, one or two days may not be enough before reaching the age of majority.

As for the procedure for considering a case on recognition of paternity, a child who has turned 14 years old can be a subject of civil procedural relations.

The court in each case assesses all the circumstances of the case, the evidence presented by the parties in support of them, hears the opinion of a minor child on the recognition of paternity.

Establishment of paternity and maternity in relation to an adult child in Ukraine

Establishment of paternity and maternity in relation to an adult child in Ukraine

If the child has reached the age of majority, then he can be a defendant in the case and at the same time has the right to admit the claim or object to the recognition of paternity, motivating his objections by the fact that the father at one time evaded recognition of his paternity.

In support of his objections, he can submit a court decision on the mother’s claim for recognition of paternity, which has entered into legal force, to which the mother was denied the satisfaction of the claim, an extract from the court record with the father’s explanations in the case, and the like.

It should also be noted that the appeal to the court of a person who considers himself the father of a child who is almost 18 years old or has already become an adult does not give grounds for the conclusion that the court will unequivocally satisfy his claim for recognition of paternity.

The UK does not provide for a rule that would regulate the substantive consequences of establishing paternity and motherhood in relation to an adult child.

In this context, the question arises, if the father until the age of majority of the child did not provide them with material support, then whether the adult daughter or son, in respect of whom the paternity of the person who considers himself the father of the child, is obliged, under par. 2 h. 3 tbsp. 128 SK to provide such content to the father, since in Art. 202 SK is only a case of deprivation of parental rights.

Clause 5 of the Resolution determines that in order to protect the interests of the child, it is necessary to involve the guardianship and guardianship body in the case.

Family attorney in the acknowledgment of paternity in Ukraine

Family attorney in the acknowledgment of paternity in Ukraine

In resolving a case when recognizing 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:

  • the efficiency of solving the case when recognizing 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.
Daria Sergeevna Scriabin
Family lawyer
The best way to save time and money when acknowledging paternity is to seek the advice of a good family lawyer!

Please contact our family lawyers if a positive result in the acknowledgment of 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

Frequently asked questions to a lawyer in Ukraine

Can a minor child file a paternity claim?
Is it possible to force a father to undergo a genetic examination to establish paternity?
Anyone can apply to the court for recognition of paternity?
Can a father sue his adult child to receive support from him?
Do you need a personal presence of the client in court?
What is your experience in family affairs?
What is the cost of legal services in your company?

If the article “Acknowledgment of 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 current changes in the legislation of Ukraine.

Useful site materials advokat-family.com.ua:

  1. Paternity dispute
  2. Establishing paternity
  3. Contesting paternity
  4. Determination of the child’s place of residence
  5. Taking away a young child
  6. Deprivation of parental rights
  7. Adoption
  8. The order of communication, meetings with the child
  9. Departure of the child abroad
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