How to establish paternity: a description of the procedure, procedures and practical recommendations

Many citizens are interested in how to establish paternity. In fact, there are a lot of variants of the development of events. It all depends on the situation. Therefore, it is recommended to consider each case separately. Indeed, in the Russian legislation this topic is relevant. Some are interested in her in order to refute paternity. Someone tries, on the contrary, to defend their rights. Therefore, the subject being studied is often of interest to parents. What should moms and dads know about paternity?

Possible options

How to establish paternity? There are several ways to do this. Much depends on the situation. The main problem is the collection of evidence that can serve as evidence of kinship. But nevertheless, in Russia there are several options for the development of events.

Regardless of the collection of evidence, the following solutions can be identified:

• married;
• in a court;
• In a special order.

Depending on this or that case, the procedure for contacting certain organizations will change, as well as a package of documents and evidence. Most often there is recognition of paternity in court. This practice has become widespread in Russia.

Automatically

You can install the paternity of the child automatically. This practice is also available. Only it does not give 100% guarantee that the citizen is the biological father.

What is it about? If the child is born in a marriage, then his spouse automatically recognizes the spouse of the mother. The only exception is the writing of a corresponding application for the renunciation of the status of the father of the child.

Thus, in marriage it is easiest to recognize paternity. The least problems. It is enough to apply to the registry office from the front of the hospital, parents' passports, a certificate of marriage and a statement of the established sample. The child will be issued a birth certificate, where in the column "father" will be the information of the spouse.

Civil marriage

How to establish paternity if there was a civil marriage? This situation is also not rare. Fortunately, if the pope recognizes the fact of a baby's birth from him, there will be no problems.

What is required? The process as a whole does not differ from applying to the registrar with officially registered relations. But in this case a certificate of marriage is not provided. Instead, the mother and father write a statement of the established pattern on the recognition of paternity. It is advisable to do this during the registration of the child (when the baby is given a name).

Nothing more is required. Where more interest is shown to situations in which the father does not recognize the minor. It is this practice that takes place in Russia quite often. Can paternity be established when the biological father rejects the child? Yes. But to do this, will have to try.

Where to go

To begin with, it is recommended to understand which body to file a claim of a standard pattern. It's not so difficult.

A mother who wants to establish the paternity of a citizen must apply to the district court at the place of residence. Yourself or potential parent. It is better to choose the second option. Other courts do not accept the corresponding lawsuit.

You can turn to the judicial authorities even when a person thinks about how to set up fatherhood forcibly in the father. If the mother refuses to make an official statement (joint) and the baby was born unmarried, then they will have to go to court. District, as already mentioned.

Documentation

The claim will require a certain package of documents. Without them, the case will not be considered in principle. Usually, as already mentioned, the mother of the child is engaged in the studied issue. For example, if the father refuses to pay alimony and recognize his baby.

What exactly will you need to bring to court when submitting a relevant application? How to establish paternity in court? For this, you must provide:

• A lawsuit of the established pattern;
• A receipt that will confirm the payment of the state fee (300 rubles);
• The birth certificate of the child;
• Mother's identity card;
• Evidence-grounds for establishing paternity.

Just the last point causes the most problems. Especially if the biological father does not agree with the decision of the mother of the minor and flatly refuses to recognize the child. Collecting evidence is something that needs to be given special attention. Because without them no one will satisfy the requirements.

DNA

The simplest way is to conduct a medical examination. You can establish paternity in the DNA test. This is the most common variant of the development of events, it confirms blood kinship with a probability of 99.9%. Small errors are, but, as a rule, the test results are considered the most reliable.

If the father does not shy away from the examination, there will be no problems with the recognition of paternity. However, sometimes they refuse DNA. In this situation, you will not be forced to test. But there are other options for the development of events.

Which ones? How to establish paternity if a citizen refused to conduct a DNA test? In fact, this is not so difficult. It is enough to prepare in advance.

Grounds for establishing paternity

How exactly? For example, collect a series of evidence that can confirm the fact of paternity of a man. What could it be? The list of evidence is quite extensive. You can not call it a template one, each situation requires its own documents.

What options take place? To establish paternity through the courts, you can provide the following certificates and certificates (in case of refusal of DNA) to prove the relationship of the child and father:

• Parent's correspondence;
• Extracts indicating the transfer of the mother's money from the child's father;
• Any documents that confirm receipt of parcels from the defendant;
• Messages;
• Letters;
• Postcards and telegrams;
• Photo and video, indicating the existence of a relationship between the plaintiff and the defendant;
• witness's testimonies.

Accordingly, all of the above can be proof of kinship. The audio records are in great demand. For example, if there was a conversation between the parents of the child, in which the father recognized the relationship, but also said that he refused to document it.

About witnesses

Now it is clear how to establish paternity. Special attention should be paid to witnesses. They are also put forward certain requirements. More precisely, it is one, but quite weighty.

Which one? Witnesses should be disinterested persons. But at the same time, relatives of the mother or father can also appear in court. The more people confirm the existence of a relationship between the child's biological parents, the better. In fact, everything is not as difficult as it seems.

All witnesses who are required to be invited to the meeting, it is necessary to indicate in the suit with all contacts for communication. Otherwise, a citizen will simply not be summoned for testimony. This is a normal phenomenon, everything is completely legal. As a rule, the testimony is additional proof of the main documents.

Special order

And it is possible and in a special order to solve the posed question. The thing is that sometimes you need to establish paternity after the death of your father. What is required for this? How to act then? After all, the DNA test will no longer take place.

It all depends on the situation. If the parent did not refuse the child, the mother should simply apply to the court for a declaration of paternity. It's not so difficult as it seems. A more unpleasant situation is the case in which the biological father refused the minor.

How to be then? In this case, you can use the techniques that have already been mentioned: provide any evidence that can confirm the relationship. The DNA test is no longer valid. But all the rest (parcels, photos, testimony of witnesses, correspondence, etc.) is quite suitable for proof.

The procedure for going to court is similar to the previously listed situations. Only in this case it is necessary to attach another certificate of the death of the father. Then the court will examine all the materials of the case and make a decision. Often in favor of the mother. Accordingly, the claim will be satisfied.

What is required for

It should be remembered that the father and mother are responsible for the child. And the judgment that will be delivered will necessarily influence the future of the minor citizen.

Why do women try to establish paternity in court? Alimony is the most important reason. Parents are required to support their minor children. And from the father you can collect money for the child, but only if the paternity is established or was recognized as the parent. Especially in case of divorce.

Also one of the reasons is the receipt of survivor's benefits (in the case of a civil marriage), inheritance. It's just that the fatherhood of a woman tries not to recognize it.

Consequences for the minor

It should be remembered that on the child this act may not have the best effect in the future. Especially if your father will collect alimony. Or he will independently start paying them.

Why? Because according to the law in Russia, adult able-bodied children are required to support their needy parents. Thus, even a negligent father will be entitled to alimony from an adult child. And the denial of paternity will never be accounted for by law. The main thing is that a person is not deprived of parental rights.

Accordingly, if the mother is thinking about how to establish paternity, you need to know about the consequences. Sometimes they bring a lot of problems to children in adulthood. In any case, if peacefully does not work out, then you need to stock up on evidence and go to court!