Some couples face a dilemma -the need to establish paternity. Many people think that this procedure is connected with paper red tape and takes a lot of time from them, and therefore postpone its implementation. But is it really so? First you need to understand some aspects. For example, how is paternity established in the registry office? Which plan documents will be required? What specific requirements exist? What nuances should I know in advance? Let's talk about this in more detail in this article.
The procedure for establishing paternity is extremelyIt is simple and does not require a lot of time and money spent. For its implementation, it is enough to collect a package of required documents and fill out an application.
However, it is important first to understand all the nuancesof this process. It is also necessary to understand what will directly mean for the father the establishment of paternity and what duties it entrusts to him. This is clearly described in the Family Code of the Russian Federation. Among the responsibilities of the father are the following:
The father receives the right and the opportunity to educatechild, care for his education, protect his interests, forbid anything. To challenge paternity, the man himself can not later, even if the absence of direct relationship is confirmed. Therefore, this procedure must be approached with all responsibility.
In the event that awareness is establishedmen that this child is not from him, the decision to establish paternity will be valid throughout his life. This is reflected in the current legislation. Any state bodies primarily take care of the child's interests.
Declare your desire to establish paternitycan both directly father without a child, and both parents together. In the latter case, two signatures will be required to certify the application. The main thing is that there is someone who wants to consolidate the parental rights. Without the presence of this person, the documents will not be accepted. In this case, even a power of attorney, which was certified, will not serve as a sufficient argument. This is due to the fact that recently there have been a significant increase in attempts to cheat when trying to file such a statement.
At the same time, the mother's presence is not obligatoryis an. However, her written consent will have to be enclosed. It should also be notarized. The presence and even the actual existence of a child is not mandatory. You can begin the procedure at any time from conception to birth. In this case, you will need to provide a document issued by a medical institution that officially confirms the fact of pregnancy.
It is important to follow the established algorithm of actions:
If the child has not reached the age of ten,decisive in this matter is the consent of the mother. If he is older than the specified age, it is also necessary to obtain consent from the guardianship and trusteeship bodies.
The opinion of adult young people is taken into accountFirstly. It must be stated in writing and legally certified. If such a child is against the establishment of paternity, the documents will not be accepted.
The mother's opinion is taken into account in a different way and does not play a key role. Although her disagreement, the trial will take place already in court. And the key to making decisions is the desire of the child.
It is interesting that the voluntary establishment of paternity in the registry office has no time limits. You can do this in any of the following periods:
The only restriction: the establishment of paternity in the registry office can only be carried out while the child is alive. In the event of his death, the procedure is not carried out.
If it's been a long time since the child was born, it's important to strictly follow the procedure for establishing paternity in the registry office. It will be described later.
You can start the process only ifparents have no mutual claims to each other. If there are still disputable issues, then the issue must be resolved in the local court. Sometimes it is impossible to establish paternity, even considering the fact that the subject is really the biological father of this child. In what cases is this situation?
The application for the establishment of paternity in the registry office mustbe filed in accordance with all established standards. For this purpose, a special form has been created. All the data in it are classified according to certain characteristics and form several sections. Among them are:
It is important that all data in the application and in thedocuments exactly the same. Otherwise, it will be impossible to establish paternity through the registry office. The state institution will simply refuse to accept the documents.
What will you need to provide in order toto establish paternity in the registry office? It is necessary to prepare a number of documents. Among them are: a birth certificate for a specific child, as well as a certificate of his birth (it can be provided directly at the hospital), a passport of a citizen of the Russian Federation (any other document that allows identification of the person), a receipt (she confirms payment of the necessary state duties), as well as the consent of the second parent for the procedure, notarized (especially important if the documents are submitted in the absence of a second parent).
To carry out the procedure without the last described document is possible only in the following cases:
What other features need to be considered in order to successfully implement the establishment of paternity in the registry office?
Is it necessary to pay any fees?Such a procedure as the establishment of paternity in the registrar's offices is an act that invariably has important legal significance and requires mandatory imposition of some state fee. Its size may fluctuate in accordance with the amendments that are introduced to the Tax Code of the Russian Federation. Today it is three hundred and fifty rubles. Before a person pays for the establishment of paternity in the registrar's offices, it is important for him to carefully check whether the requisites are correctly specified. In the event that any mistake was made, the proposed documents will not be accepted by the relevant institution.
Establishment of paternity in the registry office is possible andfor an individual who was previously recognized as incompetent. However, in this case, the consent of the following persons and institutions will be required, namely: the guardian, who currently performs full supervision of a certain child, as well as guardianship and trusteeship agencies (relevant only in situations where such supervision is performed by the relevant state institutions).
Establishing paternity is a relatively simple procedure that does not take a lot of time or money, but will give the legal right to fully participate in the life and upbringing of your child.
Be ready to bear all responsibility for your children. Always remember: they really need you!
