Features and grounds for challenging paternity
A child who is conceived and (or) born in marriage comes from the spouses. The origin of a child from spouses is determined on the basis of a marriage certificate and a document from a health care institution about the birth of a child by the spouse (part 1 of article 122 of the IC of Ukraine).
According to Part 2 of Art. 122 of the Family Code of Ukraine, which was born before the expiration of ten months after the termination of the marriage or its recognition as invalid, comes from spouses.
Challenging paternity is the refusal of a person to register as the father of a child. According to Art. 136 of the IC of Ukraine, a person registered as the father of a child has the right to challenge his paternity by filing a claim to challenge his paternity and excluding the record of him as the father from the birth certificate of the child. If it is proven in court that there is no blood relationship between the person registered as the father and the child, the court makes an appropriate decision.
Challenging paternity is possible only after the child is born and before he reaches adulthood. Challenging paternity is impossible in the event of the death of a child.
Please note that a person registered as the child’s father does not have the right to challenge paternity if at the time of registering himself as the child’s father he knew that he was not his father, as well as a person who consented to the use of assisted reproductive technologies in accordance with Part 1 of Art. 123 IC of Ukraine. The statute of limitations does not apply to the husband’s request to exclude the entry about him as a parent from the child’s birth certificate.
Clauses 2.13, 2.13.1 of the “Rules for making changes to civil registration records, their renewal and cancellation”, approved by order of the Ministry of Justice of Ukraine dated January 12, 2011 No. 96/5, established that the basis for making changes to civil registration records among other things, there is: a court decision to exclude information about the father (mother) of the child from the birth registration, establishing an incorrectness in the civil registration and others, which indicate the introduction of specific changes to the civil registration.
