Russia is a state of law.Here the legislation can be divided into several large categories. One of them regulates relations in families. It's about family law. This sphere of legislation will tell you how to establish the origin of children in the Russian Federation. After all, only after that, parents have obligations to their babies. At first glance, the topic seems simple. But in real life to find out who the father or mother is to a child is not so easy. What are the basic principles of legislation in this area have to meet everyone?
There is not much information. To understand and remember it is not difficult. Even a schoolboy is able to grasp the essence of this process.
Determining the origin of children is prescribed in the Family Code. It is not difficult to guess that a child is born from two people. And therefore the operation under study can be of different types.
Namely:
In real life, to prove the fact that a woman is a mother to a child is easier than to point out who is the father of the baby. And this will have to be taken into account.
How is the origin of children made? Family law and the corresponding Code of the Russian Federation indicate that the operation is performed in different ways. Let's start with motherhood.
Entering data about the mother in the certificate ofbirth of a baby is made on the basis of certificates from medical institutions, where the delivery took place. That is, by using excerpts from maternity hospitals of the established form. This paper must be given to the woman in childbirth at the time of leaving the institution. It indicates information about mother and baby, and also specifies that a particular citizen gave birth to a child.
Such a situation occurs in practice more oftenTotal. Sometimes the establishment of the origin of children is complicated. The thing is that now in Russia some people practice home births. Or the contractions find a woman in childbirth at the wrong time, far from the hospital. In these situations, births occur outside of medical facilities. So, the certificate of the established sample will not be issued.
It is this fact that gives a lot of trouble.In childbirth outside the maternity hospital, the determination of the origin of children from a woman is made on the basis of the extracts of the medical staff who took delivery, as well as any other evidence of the birth of a child by a girl.
What will help to translate the idea into reality?Witness testimony, photos, videos and even audio materials will fit to confirm maternity. Usually, newly minted mothers apply with evidence to the nearest maternity home, where a certificate for the registration of the baby is issued.
A more serious topic is the establishment ofthe origin of children from a particular man. Paternity is not recognized by everyone. Every day the number of children whose fathers abandoned their parental obligations is growing.
That is why we will pay more attention to this topic. With women in the studied field everything is clear: gave birth - the mother. And to find out who is the father of the baby is problematic. What options are possible?
The establishment of the origin of children (the establishment of paternity) is ideally done according to the mother's words. Especially if the baby is born in a marriage.
Как показывает практика, в момент регистрации The child's mother informs about the father of the newborn. From her words they write down the name and patronymic of the baby. In this situation, it is implied that the pope is not against his obligations.
Do the couple have a legal relationship? Then the establishment of the origin of children will be made without much difficulty.
The whole point is that the presence of marriage makes ofmale father of the baby by default. That is, it will automatically be recorded in the birth certificate. The exception is when the potential father renounces his status.
Some men believe that divorce will save them from their obligations to the newborn. In fact, this is not so.
Russian legislation indicates thatthe former spouse will be automatically recognized as the father of the kid if from the moment of divorce to sorts has not passed more than 300 days. And provided that no one has proven otherwise.
Determining the origin of children in somecases is carried out through the court. As practice shows, it is mainly about paternity. Women almost do not reject their children. And fathers in Russia - easily. Especially if the man decided to leave the girl for birth.
If the mom and daddy of the baby can not agree on the peaceful recognition of parenthood, you will have to file a suit with the court. To the application, the plaintiff applies proof of kinship with the defendant.
What will be considered as evidence?All that the plaintiff can only show as evidence of the origin of the child from the defendant. For example, testimony of witnesses or photo / video materials with correspondence. Records of conversations are also considered.
Is it necessary to establish the origin of children? Parents can be invited to a medical facility for the delivery of a DNA test. This is the most accurate way to determine motherhood and paternity.
To date, such an examinationcan not be coerced. But, as a rule, plaintiffs still try to perform a DNA test. This evidence serves as a good reason to recognize maternity / paternity. Errors in such studies are minimal.
Often, this procedure requires certain expenditure. On average, the examination to confirm paternity / maternity will cost 25-30 thousand rubles. Free of charge this research is not carried out.
If the baby does not have a mother, the establishmentthe origin of the child will be difficult. The death of the mother leads to the fact that paternity either does not take place, or the second parent of the newborn should take the initiative. At the request of the child's father, provided that the legal representatives are not married, the information will be entered in the column "Father" in the birth certificate.
In cases where the pope recognized paternity, but notmanaged to formalize it, having died, the process of recognizing paternity is carried out in a judicial order. There is nothing difficult in this. Especially if there is a strong evidence of the position of the deceased.
As we have already found out, the determination of the origin of the children is made on the basis of the application submitted to the registry office by the child’s mother. Or by court order.
The father of the baby can also contactregistering authority in order to obtain formal parenthood. But, as a rule, women do it. If the mother of the baby has become incapacitated, then a representative / guardian of the girl who has given birth will be sent to the registry office with a statement of the established form.
But that is not all.What is the procedure for determining the origin of children in Russia? Consider the most common deal - the registration of a newborn at the registry office, when his parents are official spouses.
Under these circumstances, do the following:
Everything is very simple and clear. If paternity or maternity is recognized in court, the package of documents will be supplemented by a court order. Otherwise, the algorithm of actions does not change.
