Recognition of paternity
Parents and children have mutual rights to know each other, to indicate their relationship in their last name and patronymic, and birth documents. Therefore, the father can voluntarily recognize his relationship with the child at his birth out of wedlock with the consent of the mother in the civil registry office or, if he is against it, by filing a corresponding claim in court.
If the issue of recognizing the relationship is resolved positively, the father is granted the rights and obligations of a legal parent in relation to his child, which must be fulfilled in accordance with current legislation and awareness of the degree of personal responsibility.
According to the law, a child has the right to receive due care from legal representatives, protection of property rights, moral interests, and the father is obliged to act as a guarantor of the above-mentioned rights and interests.
A family that results from the birth of a child out of wedlock
Unfortunately, children are not always born into families. According to statistics, in recent years in Ukraine, the number of “single mothers” raising children without a father has increased to large numbers.
A child without a father is a child who:
- In the birth certificate, the column “father” has a dash;
- the father is listed based on the mother’s words.
If the parents are in a legally registered marriage or the baby was born before 10 months have passed since the divorce (recognition of it as invalid), there is no need to worry — the father is automatically registered as the father in accordance with the Family Code of Ukraine.
However, if the child is born out of wedlock, then the father who wants to legitimize the blood relationship has two ways to do it:
- Voluntary recognition of paternity through the Civil Registry Office with the consent of the mother.
- Establishing kinship with a son/daughter in court.
Since the upbringing of the future generation by both parents was, is and remains a priority form of development of a full-fledged civil personality, capable of further developing the institution of the family and putting it above personal interests, the court in this matter usually takes the side of the father.
How to recognize a child as a biological father?
The father’s ability to recognize the child as his own will depend on the following circumstances:
- Does the mother of a son or daughter agree to establish paternity?
- Have the father against his wishes to acknowledge his relationship with the child and become his legal representative?
It is also very important whether the child should have the opportunity to decide on her attitude towards the father’s intentions? (No, if she is dead, declared incompetent, missing, or deprived of parental rights).
Each of these cases should be considered separately.
Voluntarily through the registry office
The simplest form of recognition of parenthood for both parents is the voluntary form of recognition of kinship, which implies:
- the presence of mutual consent of the father and mother to formalize paternity;
- writing a joint application (on the provided form) at the civil registry office;
- payment of the state fee;
- obtaining a new birth certificate with the father noted in the “father” column.
It is noteworthy that parents can voluntarily acknowledge paternity in the civil registry office at any time (even during the mother’s pregnancy), and regardless of the child’s age (up until the child reaches adulthood, with his consent).
Recognition of paternity through the court, if you have an objection
When the parents of a common child are not married and have a difficult relationship, the mother can often, for personal reasons, prevent the father from establishing a documented relationship with his son/daughter.
In this situation, family law provides for the right of parents to recognize their child by filing a corresponding claim in court.
The statement of claim is drawn up according to a specific scheme:
- the claim is called “On recognition of paternity”;
- the plaintiff is the father, the defendant is the mother of the child;
- the application is filed with the court at the place of residence of the defendant;
- the initiator of the claim pays a court fee of 908 UAH and presents a receipt for payment simultaneously with the claim;
- all arguments of the applicant must be supported by significant evidence on the merits of the case:
- witness testimony;
- general photographs;
- SMS or online correspondence;
- call printouts, etc.
- it is possible to file a petition before the court for a genetic examination.
The court listens to both parties, examines the evidence presented in the case and makes an appropriate decision, which must necessarily improve the moral, social, and material situation of the child.
