Challenging paternity

According to family law, the fathera child born in a marriage or within three hundred days after its termination, invalidation, unless otherwise proven, the spouse of the mother (or former spouse) is recognized.

Proof of the origin of children from specificparents, according to Art. 47 SC, is a record entered in the birth records book in the established order. However, it is possible to challenge paternity (motherhood), which is carried out in court. The situations under which this occurs can be different. But, as a rule, they arise in connection with the obligation to keep the child. In addition, the latter has the right to inheritance.

The entered record can be challenged not onlyfather or mother of the child. This right can be used by the guardians or trustees of the child, the guardians of the parents recognized incompetent. And also persons who are actually the mother or father of the child. In addition, such a right is also the child himself, who at the time of recourse to the court reached adulthood.

Challenging paternity and litigationis carried out on the basis of the received statement of claim from the above-mentioned persons. At the same time, there are no statutory limitations in the legislation. The application must necessarily contain information about the moment when the actual marriage relationship was terminated between the spouses, or the time from which they live separately. You must also provide:

• documents that confirm the fact that the biological father is a different person;
• a certificate (copy) on the birth of a child;
• receipt of state duty.

How to prove paternity in court?

During the process, anyevidence provided by the parties that confirm the origin of the child. This can be testimony, video recordings, photographs, letters, a medical card that confirms the barrenness of a man, etc. Often a method of establishing paternity, such as conducting an examination of DNA, is used. However, it is expensive and does not give a 100% guarantee, so it is not resorted to in all cases. In addition, it is often not used, since the defendant often tries to avoid holding it under various pretexts. The court must take into account all evidence in the aggregate. It is necessary for him to establish conformity of the entered record about parents, to find out who is the biological father and mother of the child. The decision made by the court entails legal consequences connected with it.

Challenging paternity will not be granted:

• if at the time of the recording the man knew that he was not actually the father of the child;
• if consent to embryo implantation or the use of artificial insemination was given in writing;
• if the challenge of paternity arose with respect to a child who was born and born to a surrogate mother, after making a record by agreement of all interested persons.

These provisions are spelled out in the legislation incommunication with the need to protect the interests of the child. It is believed that taking a decision on the registration of paternity, take into account all the possible legal consequences, and arbitrary change his expression of will should not be tolerated.

Because challenging paternity is enougha complex process that requires the collection of necessary documents, the writing of a statement of claim, the protection of their rights in court, it is advisable to contact lawyers who provide services for representation of interests on a professional basis. Of course, these services are often expensive, so you need to proceed from their capabilities, as well as the chances of success. Perhaps it makes sense to apply to a lawyer only to receive assistance in drafting a statement of claim or only at a court session.