Establishing the child's origin from the father. Establishment and certification of the origin of children

The presumption of paternity is established by Art. 48 RF IC. It determines the features of recognition of kinship between a man and a child and the timing of its validity. The presumption also has legal consequences specified in Chapter. 12 IC RF and others legislative acts, but if there are grounds, it can be challenged. Let's consider all the nuances in detail.

What is presumption of paternity? Legal meaning

A presumption is an assumption that is valid until challenged by a court decision. As for paternity, the presumption in this case means the automatic determination of relationship between a father and a child born in marriage or within 300 days from the date of its dissolution (Article 48 of the RF IC).

The presumption also applies in the case of the birth of a child after the death of the father, if up to 300 days have passed from that moment. It is determined in the civil registry office records and the child’s birth certificate, which contains information about the parents.

Consequences of the presumption of paternity

The consequences of the presumption entail the emergence of rights and obligations for parents towards the child:

Rights	Responsibilities
Both parents have the same rights to the minor	Mother and father are obliged to raise children, engage in their physical, moral, spiritual, mental development
Parents under 16 years of age raise their children with the participation of guardians. After reaching the specified age, education is carried out independently	Parents are obliged to provide their child with a general education
Father and mother have the right to choose independently educational institutions for teaching children	In the event of controversial situations, parents are obliged to protect the rights and interests of children
If there are grounds, one parent may deprive parental rights another	When living separately with a child, one of the parents undertakes to pay child support to the other
A mother or father living with a minor separately from the other parent has the right to limit their meetings through the court, determining the order of communication	In the event of divorce, a parent's rights to a child are not terminated. He can see him at any time by agreement and participate in his upbringing. If a mother or father hides a child without reason and does not allow them to meet, it is worth establishing a procedure for communication in court

An important consequence of the presumption for the father is alimony obligations and the possibility of the child participating in the inheritance in the event of his death. The father also has the right to claim the inheritance of the deceased - both are heirs of the first priority.

Duration of the presumption of paternity

The presumption applies throughout the marriage and upon the birth of a child within 300 days after its dissolution. It also applies to cases of voluntary recognition of paternity on the basis of a jointly submitted application by parents living in an unregistered relationship.

Is it possible to challenge paternity?

According to Art. 52 of the RF IC, annulment is allowed in court at the initiative of the mother, father, or adult child. If a parent is declared incompetent, his interests are represented by a guardian.

Important! Paternity of a step-child, recognized voluntarily by a man, cannot be contested if at the time of submitting documents to the PFUC he knew that he was not biologically related to the minor.

Reply within 15 minutes

How to challenge the presumption of paternity?

The presumption itself is not disputed - it is enshrined in the RF IC and cannot be canceled until changes are made by legislative bodies. Paternity can be revoked by the interested parties listed above.

What is needed for this:

Collect documents and evidence, draw up a statement of claim and submit everything to the district or city court at the defendant’s place of residence. If it is unknown, the application is submitted at the location of his property or last residential address (Article 29 of the Code of Civil Procedure of the Russian Federation).
Wait until the court accepts the materials for consideration and schedules the first hearing.
Come to the meeting, present evidence and arguments. You can apply for a DNA examination.
Get a court decision. If there are no disagreements between the parties, everything can be limited to one hearing; in other cases, the process is extended.

The decision comes into force after 30 days. During this time, the party who disagrees with it has the right to challenge it through the appellate authority. If no one disputes it, you need to get a certified copy and submit it to the registry office to exclude the father’s records in the registry office.

Documentation

When going to court you will need:

statement of claim;
passports of the plaintiff and the child over 14 years old;
birth certificate for a child under 14 years of age;
certificate of registration or divorce;
written evidence: notarized copies of correspondence, letters, SMS messages, etc.

It is allowed to use audio and video recordings and other data indicating your case as evidence. If necessary, you have the right to petition to call witnesses.

State duty and expenses

The state fee for annulment of paternity is 300 rubles. Additionally, the initiator bears the costs of conducting a genetic examination and the services of a lawyer. They are recovered from the defendant if the court decision is made in favor of the plaintiff.

Statement of claim (sample)

The application is drawn up in accordance with the provisions of Art. 131 of the Code of Civil Procedure of the Russian Federation and must contain information:

name of the court, address;
Full name, residential address, telephone number of the initiator of the proceedings;
child data;
Full name, place of residence of the defendant;
dates of marriage and divorce;
reasons why paternity should be revoked;
list of submitted documents and evidence.

Expert opinion

Andrey Druzhinin

Legal advice: if you pay alimony and want to cancel the relationship, include in your claim a request to cancel the alimony obligations after challenging paternity. All issues are considered within one proceeding.

Sample statement of claim to challenge paternity:

Terms of consideration

Courts consider cases challenging biological kinship for up to two months. The period may be delayed if a DNA examination is ordered during the process: in this case, production is suspended for several days and resumed after receiving the results.

Arbitrage practice

If the plaintiff presents good evidence, the claims are satisfied. It is important to consider that all evidence is considered in its entirety, so a decision is not made based solely on witness testimony or DNA testing.

Examples of court decisions where demands for annulment of biological kinship were satisfied:

Decision No. 2-705/2019 2-705/2019~M-571/2019 M-571/2019 dated April 24, 2019 in case No. 2-705/2019;
Decision No. 2-603/2019 2-603/2019~M-369/2019 M-369/2019 dated April 10, 2019 in case No. 2-603/2019;
Decision No. 2-1665/2019 2-1665/2019~M-395/2019 M-395/2019 dated March 26, 2019 in case No. 2-1665/2019.

Let's look at a real example from practice:

Afanasyev R.O. married a woman on July 20, 2016, and on May 14, 2017. they will have a baby common child- son. The man is listed as the father in his documents. On August 18, 2018, the couple officially divorced, the ex-wife collected alimony in fixed size– 10,000 rubles each. monthly.

In April 2019, the man had doubts regarding paternity, and he secretly took a DNA test. The results showed a low probability of consanguinity, but by law he cannot add it to the case file: it is important that the examination be carried out openly, with notification of all parties.

Afanasyev R.O. filed a lawsuit to challenge the relationship in court, petitioned to order an examination and demanded the cancellation of alimony obligations. The ex-wife objected to the DNA test, but thanks to testimony and other evidence presented by the plaintiff, it was possible to establish that during the alleged period of conception he was in another city, and at the same time the defendant was in an intimate relationship with another man. The requirements are satisfied in full.

Consequences of abolishing the presumption of paternity

By challenging paternity, you get rid of child support and other obligations to the child, but lose the right to communication and upbringing. For him, you become a stranger, and you can meet with him only with the permission of your mother.

Lawyer's answers to questions about the presumption of paternity

Can a husband who has consented to his wife's artificial insemination challenge the presumption of paternity?

Lawyer. 12 years of experience. Specialization: family and inheritance law.

You can turn to lawyers for help in challenging. This will significantly reduce your time costs and help you achieve the desired result as quickly as possible. Without qualified legal support, difficulties may arise in collecting evidence and substantiating claims, and the help of a lawyer is the best thing you can do for the court to make a decision in your favor!

Presumption(from Latin “assumption”) is a term often used in legal practice: it means the truth of the put forward speculation until proven otherwise. In Family Law, the presumption of paternity is the automatic establishment of parental rights. But this does not mean that the child is descended from a man, and in some situations this fact has to be proven.

Basic information

In practice, the presumption of paternity looks like this. If the child’s mother has entered into an official marriage with a man, then he is automatically granted parental rights. This applies at the birth of the child.

Thus, legally the father is the person who is the official spouse of the child’s mother. It does not matter whether the spouses live together. This is confirmed Art. 48 clause 2 of the RF IC. The same is stated in Art. 61 Civil Procedure Code: There is no need to prove generally accepted factors. If controversial situations or exceptions arise, you will need to go to court.

The presumption of paternity is the establishment of parental rights automatically in the registry office if there is a certificate of registration of marriage relations.

In reality, this term is the cause of many controversial situations. Legal proceedings are regularly initiated. But the legislation states the following: the term was introduced to protect the interests and rights of a minor. A child must have a parent, and an adult must fulfill the obligations assigned to him.

The beginning of the presumption of paternity

Art. 48 IC RF sets out the terms and conditions for the presumption of paternity to come into effect.

A child is born into an officially registered marriage union.
The child was born before the end of the 300-day period from the date of death of the spouse.
The husband and wife divorced, but the child was born before the end of the 300-day period from the date of dissolution of the marital relationship.

The period of 300 days is set for the reason that this is the approximate period for gestation.

When a woman, having given birth to a child, marries again, the father of the baby becomes her ex-husband, who was registered as married to her on the date of the baby’s conception. If the information of the actual and biological father does not match, the fact of the presumption of paternity does not meet with agreement, then legal proceedings will need to be initiated.

In what situations do disputes arise?

Paternity is established automatically when a woman and a man enter into an official marriage and a child is born in their marriage. Disputes may arise in the following situations:

a woman cheated on her husband with another man;
the spouses have not been dating for a long time life together, however, they did not officially divorce, while the woman during this period gives birth to a child conceived from another man;
The couple filed for divorce, the woman became pregnant by another man, but the child was born in the early stages.

In such situations, the non-biological legal father has the right to waive his parental rights.

Sometimes women can deliberately confuse their husbands and provide evidence to the contrary. In some cases, a man already knows at the time of marriage that his future wife is carrying a child from another person, but subsequently he has a desire to formalize a waiver of parental rights.

According to Art. 52 IC RF, similar situations are decided exclusively in court.

Is it possible to challenge

A man may doubt that a child born during marriage or no later than 300 days after divorce is his own. In this case, he may initiate legal proceedings. You will need to submit a request. IN Art. 131 Code of Civil Procedure of the Russian Federation Rules for filling out such applications are given.

It is necessary to prepare the following list of documentation:

direct application;
identification document (passport);
certificate establishing the fact of marriage;
birth certificate;
a receipt confirming the paid state fee for studying the case (its amount is 300 rubles).

In a situation where the man already knew that the child was not his, and the wife did not hide such information, the request to consider the case will be rejected. The man will continue to be considered the legal father of the minor.

As soon as the case begins to be considered, the spouses will be informed of the start date of the hearing.

The man will need to prove that he is not related to minor child. To achieve this goal, you can use the following materials:

certificates, medical reports and other documentation;
photo and video materials;
witness statements;
genetic examination.

It should be noted that this is the most effective and irrefutable evidence of the presence or absence of kinship. If the mother of the child, after his birth, does not want to conduct an examination in any way, and the baby’s health is not in danger, then the court will satisfy the plaintiff’s request.

If the court ruling is positive, the man takes the court decision and goes to the registry office so that authorized employees make appropriate changes to the child’s birth certificate.

After this procedure, the man is relieved of all responsibility for raising the child, his financial support, etc.

When information about the father is missing

When a woman is legally married, her child cannot have a father. Within 1 month after the baby is born, parents must receive an appropriate birth certificate. It contains information about the child and his parents, which is carried out in order to protect the interests of the minor.

According to Art. 17 IC RF, information about the father is not recorded if the woman is a single mother and not married.

If the relationship is registered, it will not be possible to cancel the presumption of paternity. It is only possible to challenge it through legal proceedings.

About cohabitation

Civil marriage (cohabitation) is not an officially registered marriage. As a result, legal norms do not apply to him. Even if the cohabitant is indeed a relative of the newly born child, it will not be possible to automatically register him in the appropriate “Father” column at birth.

To do this, the man and woman go independently to the registry office, where they need to agree to enter the necessary information into the birth certificate. After this, the man will become the legal father of the baby.

A woman and a man cannot unilaterally, being only cohabitants, recognize the latter as the father of the child.

Alimony payments

Let's consider whether the presumption of paternity is valid within days from the date of divorce or not.

According to the RF IC, parents are obliged to provide financial support for minors until they turn 18. In the event of a divorce, the separated parent (most often a man) is obliged to continue to provide financial support. If a man has doubts that the child is his, then he may have a desire, especially when a woman has filed for alimony.

In rare situations, men return child support that was previously paid for the child. To do this, they need to prove the fact that they became fathers due to their wife’s deception. For example, a woman deliberately falsified documentation of a DNA test. The statute of limitations for such cases is 36 months.

Let's sum it up

Such a phenomenon in legal practice as the presumption of paternity currently causes many controversial situations. A man has the right to challenge his paternity, but in some cases (for example, he knew that the child was not his) the court will reject the case.

During a divorce, a man can challenge his paternity in order not to pay alimony. If his ex-wife falsified DNA documents, then he has the right to return previously paid alimony.

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The law establishes a number of ways to include paternal information in children's documents. They can be entered by default, based on a statement from the parents or a court decision. Separately, it is necessary to highlight the situation when the mother of a newborn is married. Let's look at how the presumption of paternity works.

The concept of presumption of paternity

The presumption of paternity is an automatic certification of the fact of paternity, according to a marriage or divorce document (if the child is born within 300 days after the registration of the dissolution of the union). The presumption applies until proven otherwise in court.

When using the norm, the consent of the mother's spouse is not required. It does not matter whether he appeared in person to register the birth or whether the process took place in his absence.

In accordance with the law, to register the fact of the birth of a child, the presence of one of the parents is required. Therefore, both mother and father can submit documents.

If they are officially married, then information about the father is entered into the child’s record on the basis of the following documents:

marriage document;
divorce document.

Important! Information about the father is included, even if the man and the child’s mother are against it.

Duration of the presumption of paternity

The law establishes a number of situations when the presumption of paternity applies. From the moment information about the father is included in the children's documents, the man and child receive mutual rights and responsibilities. For example, a man is obliged to pay alimony. And if he dies without having time to challenge paternity, the child will be among the heirs.

The presumption of paternity is valid during the period of marriage and after its end:

within 300 days after registration of the divorce;
within 300 days after the death of the official husband.

From the moment the man's data is included in the birth record, .

How to challenge the presumption of paternity

Unfortunately, it is only possible to delete a child’s birth record with information about the father. In this way, the legislator protects children's interests. After all, the presence of an official father, even if not biological, is in the interests of the child. The husband of the child’s mother is obliged to pay alimony, take care of the minor, and monitor his education. Therefore, only a court can deprive a child of an official father.

Challenging paternity is not the same as depriving paternity rights. In the first case, this is the complete exclusion of information about the man from the children’s documents. From the moment the court decision enters into legal force, the child and the man have no relationship. They no longer have mutual property rights and obligations.

When paternity is deprived, a citizen loses only his rights. He cannot communicate with a minor, educate him, receive money from the state for him financial assistance. But he is obliged to continue to pay alimony, and in the event of his death, the child will inherit his property.

Therefore, if a man is sure that there is no biological relationship, he should challenge paternity. Since deprivation of parental rights has completely different consequences.

Algorithm of actions

The procedure is formalized through a district or city court located at the place of registration of the child’s legal representative (Article 28 of the Code of Civil Procedure of the Russian Federation). In addition, documents can be sent to the judicial authority at the place of residence of the minor.

If he lives with his mother, then the mother will be the defendant in the process.

The process can be initiated by the child’s blood father, who wishes to exclude the information of the official husband from the children’s documents and establish his relationship. In such a case, the defendant will be the person included as the father.

Example. Irina filed a lawsuit to challenge the family connection. Her husband was included in the child's documents under the presumption of paternity. However, he is not the biological father. The court rejected the claims because the woman was not a proper plaintiff. Revoking paternity is not in the best interests of the child. But the man did not make such demands.

Stages of abolition of paternity:

Preparation of documents.
Filing a claim.
Payment of duty.
Referral to a judicial authority.
Trial.
Visit to the Civil Registry Office.

A limited number of citizens can initiate legal proceedings. Moreover, the mother of a minor cannot speak on her own behalf. She only represents the interests of the child in court. The same situation applies to the guardian of a minor.

A child can independently act in court to defend his interests only upon reaching 18 years of age. The exception is the situation when he is endowed with legal capacity until he reaches adulthood (emancipation).

Collection of documentation

The Civil Procedure Code provides for the plaintiff's obligation to attach a number of documents to the claim. Some of them are universal (attached to any claim), others relate to a specific legal process.

Documents are prepared in the form of copies. The citizen must print out the information in 4 copies (to the court, the defendant, a third party, the registry office).

Filing a claim

Important! If a woman previously managed to collect alimony for the maintenance of a minor, then the issue of canceling it also needs to be resolved in court. Otherwise, the obligation will remain with the payer.

The court has the right to appoint only with the consent of a child over 10 years of age.

Payment of duty

The applicant must pay a fee in order for the matter to be heard in court. If a receipt is not included in the application, the documents will be returned to the applicant.

In 2020, the cost of the duty is 300 rubles. The funds must be deposited in the bank using the details received in court.

Important! It is necessary to obtain details from the judicial authority in advance. Alternative option is to obtain information on the court website.

Payment must be made in a manner that provides an official receipt. For example, through a bank branch or through a terminal.

It is prohibited to make payments through online banking, since the account statement is not accepted by the court.

Referral to a judicial authority

The law establishes the following methods for sending documentation to the judicial authority:

A citizen can submit an application independently. The number of copies of the claim and evidence must first be tediously printed. It is tedious to put the inscription Copy on each document. Additionally, you need to sign and date. The package of documents is submitted to the court office during office hours.
A citizen can attract a representative. You must first issue a notarized power of attorney. The document must include the ability of the trustee to submit documents to the court and represent the interests of the principal in the process.

Important! The representative has the right to even sign the claim and copies of documents.

A citizen can send documents by mail. To do this, you need to additionally prepare an inventory of the investment. It must contain a complete list of documents and the number of copies. It is advisable to send the envelope by registered mail.

Costs of reversing the presumption of paternity

The main costs are borne by the applicant:

Registration of a notarized power of attorney – 1,500 rubles.
Payment of duty - 300 rubles.
Drawing up an application - from 3,000 rubles.
Representation in court – from RUB 5,000.
Conducting a genetic examination – 16,000 rubles.

Based on the results of consideration of the application, costs can be recovered from the defendant. To do this, you need to include a corresponding requirement in the claim.

Deadlines

The duration of the process differs depending on the specific situation. The minimum period is 2 months.

In addition, it will take another 30 days for the document to enter into legal force.

Depending on the specific situation, the period may be extended. For example, in the case of a judge’s vacation, a genetic examination being ordered, or the defendant’s illness. The maximum period has not been established. In practice, the process can last up to 6 months.

Consequences of revocation of the presumption of paternity

Excluding information has the following consequences:

Termination of a relationship between a man and a minor.
The man's information will be removed from the child's birth record.
The minor receives a new birth registration document.
A man cannot demand child support after he reaches adulthood.
A man can challenge a notarial agreement and a court decision to collect alimony.
The child and the man have no rights to each other's inheritance.

From now on they are outside citizens. Additionally, a man can exclude his last name from the “last name” column in the child’s documents. However, by agreement, it can be retained.

If the minor has reached 10 years of age, he must also be present in court. The court must take his opinion into account when changing the name.

Alimony

If a woman or guardian has recovered financial support for a child from the official father, then when challenging paternity it is necessary:

include in the claim a demand for cancellation of payments;
include in the application (if the woman reliably knew that the man was not the father, but collected alimony).

Example. Spouses Aliyeva M.P. and T.R. were married. After 3 years they decided to end the union. The man moved to another city and got a job. The wife began to live with another man. They had a child. According to the presumption of paternity, the newborn was registered as Aliyev M.P. The woman collected alimony. Since he had an official job, the bailiffs sent performance list to the accounting department. The company began to transfer alimony payments. The man noticed a decrease in income after 6 months. He went to court to challenge paternity and cancel alimony. He invited witnesses as evidence. The applicant's demands were satisfied.

The presumption of paternity is used to protect children's rights. A man who is the official husband of the mother is considered by default to be the father of the child. Therefore, a citizen can receive paternal responsibilities even if he is not a biological father. If you find yourself in this situation, you should obtain legal advice. A specialist will help you draw up an action strategy and restore justice. Leave a request on the website and a lawyer will contact you.

Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update information on the site

Good afternoon!

In various areas of Russian legislation, the term “presumption” is quite widely used, which means nothing more than an assumption that is true until the contrary is proven in court. In family law there is also the concept "presumption of paternity." What it is, and what features you should know about, we’ll talk about today.

300 days after marriage

According to Russian law, the presumption of paternity is a legal statement according to which the legal (official) father of a child born in an official marriage or within the next three hundred days after its termination, annulment or death of the husband is the legal spouse or former legal spouse of the mother .

This rule applies only if the contrary statement is not proven in court. It should be noted that if the child’s mother refuses to conduct a genetic examination (DNA test) to refute paternity, it will be almost impossible to prove the man’s non-involvement in the birth of the baby.

This legal norm is regulated by paragraph 2 of Article 48 of the RF IC and Article 17 of the Federal Law “On Acts of Civil Status”.

In other words, in the civil registry office the procedure for establishing the paternity of a newborn occurs “by default” upon presentation of:

marriage certificates;
divorce document or death certificate of a spouse (if the validity of the document does not exceed three hundred days).

A paternity document may be needed for:

registration of child benefits;
legal grounds for collecting monthly maintenance from the child’s father;
obtaining the right to inherit the father's property by the child;
registration of a pension associated with the loss of a breadwinner.

In addition, a certificate of paternity may be useful to the father himself if the child’s mother prevents the baby from communicating with the second parent.

Legal consequences

In accordance with the current this moment By law, a person legally established as the father of a child bears a number of obligations to him, including obligations for:

education - pay due attention, assistance in development, education, treatment;
maintenance - material participation, including in a forced manner through the assignment of alimony;
preserving the legitimate interests and rights of the child, such as the right to receive pension payments for loss of a breadwinner, inheritance law and others.

Thus, the establishment of paternity entails the fulfillment of a number of obligations in relation to the minor, including the payment of alimony, if such is assigned in court.

Although the presumption of paternity was developed to improve the situation of mother and child, controversial legal situations sometimes arise, including when:

a woman gives birth to a child in marriage from another man;
a woman gives birth to a child from another man after the dissolution of her first marriage, but within three hundred days.

The peculiarity of these situations is the fact that in each of them the mother’s first husband will be recognized as the legal father of the child, even if both the legal and biological father claim the opposite.

The consequences of forced recognition of paternity can be avoided or annulled only in court by filing a statement of claim to challenge the fact of paternity (Article 52 of the RF IC).

It is necessary to understand that filing a claim to disprove paternity without any evidence will not work - it will simply not be accepted. Such evidence includes testimony of third parties (witnesses), results of genetic research (DNA examination), medical certificates and any other documents confirming the absence of family ties between parent and child. Interestingly, the courts do not accept cases in which artificial insemination appears as a method of conceiving a child.

It should be noted that not only the legal parents of the child have the opportunity to file an application to challenge paternity, but also:

the child's biological father;
the child himself, provided that at the time of filing the application he has already reached the age of majority;
guardians of incapacitated parents;
guardians of the child.

Thus, to file a claim to challenge paternity, you will need the following set of documents:

statement of claim;
payment document confirming payment of the state duty;
marriage certificate;
documentary evidence of the lack of relationship between the child and his legal father.

In this case, the procedure for challenging the presumption of paternity is as follows:

determination of the initiator of the claim:
- legal father of the child - the defendant in the claim will be the biological father of the child or his mother;
- mother of the child - the defendant in the claim will be the legal father of the child;
- biological father of the child – the defendant in the claim will be the legal father of the child.
drawing up a statement of claim in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation;
payment of state duty (300 rubles);
filing a claim for consideration in the district (city) court at the place of residence of the defendant;
contacting the civil registry office at the place of registration of the child with a copy of the court decision in order to cancel the entry about the father in the birth certificate.

It should be noted that if a person falls under the presumption of paternity and is recognized by default as the child’s parent, then his responsibilities include financial support for the child until the contrary is proven in court. If the legal father evades the voluntary fulfillment of these obligations, the child’s mother has the right to demand payment of alimony even if the father is not his own.

If the stepparent challenges paternity in court, then the payment of alimony will officially stop only from the moment the court decision enters into force.

In this case, funds paid as child support before the procedure for disproving paternity are not subject to return.

In a civil marriage

Establish paternity in civil marriage It is not difficult if the father voluntarily recognizes the child.

To do this, after the birth of the newborn, you need to visit the registry office, having with you:

identification documents;
child's birth certificate (yes);
payment document confirming payment of the state duty;
certificate from the maternity hospital.

An application should be submitted to the registry office in form 12. Joint submission of such an application means the unconditional consent of both parents to assign the child the father's surname and the emergence of all the responsibilities arising from this.

After all documents have been submitted and paternity has been properly formalized, the registry office staff will record the father’s details in the birth record book.

If the common-law husband refuses to recognize paternity, the child’s mother has the right to bring him to trial and, therefore, to pay monthly allowance for child support.

If the initiator of establishing paternity is the child’s father, and the mother died or was deprived of parental rights, then the applicant should contact the civil registry office with the following package of documents:

general passport;
payment document confirming payment of the state duty;
child's birth certificate;
permission from guardianship authorities;
documentary evidence of the mother's incapacity or death.

In conclusion, I would like to note once again that the presumption of paternity implies legal confirmation of the paternity of the spouse (former spouse) of the mother if the child was born in marriage or within three hundred days after the dissolution of the marriage, its invalidation or the death of the spouse. In this case, it is possible to achieve a refutation of paternity only in court by filing an appropriate statement of claim and providing indisputable confirmation of the lack of relationship between the child and the parent: testimony of witnesses, results of a genetic examination, medical certificates and other documents. Accordingly, if the child’s mother refuses to conduct a DNA test to establish paternity, it will be possible to challenge it only if there is other irrefutable evidence.

About the problems of establishing paternity in the video:

In the legislation of most countries, the term “presumption” is widely known. In fact, it means a statement that is accepted as true until the contrary is proven. For example, the presumption of innocence, when a person is considered innocent until his guilt is proven in court.

In family law, this definition is used in matters of establishing a relationship between a child and his father; it is called the presumption of paternity.

What is presumption of paternity

The presumption of paternity is an automatic proof of paternity. Applicable in some, specifically specified in paragraph 2 of Art. 48 SC cases. Certification of a family relationship in accordance with the presumption of paternity is possible in a situation where:

The baby's mother and father are legally married.
The man and woman are officially divorced, but 300 days have not passed since the dissolution of the marriage, and the child’s mother has not entered into a legal marriage with another man.
The child's mother's husband died, but at least 300 days have passed since his death, and the widow has not entered into another legal marriage.

When using the presumption of paternity, the consent of the spouse (former spouse) is not required.

Thus, the procedure for establishing a relationship between a man and a newborn baby occurs by default; for this, his mother must visit the registry office and provide the institution’s employees with one of the following documents:

marriage certificate;
certificate of divorce;
husband's death certificate,

in this case, the date of death of the person who fits into the “father” column, or the date of divorce from such a person should not be earlier than 300 days before the birth of the baby.

Such a legal norm as the presumption of paternity was developed by legislators in order to more fully protect the legal rights and interests of the mother and child. The purpose of the presumption of paternity is to establish the second parent in a simplified form in order to vest him with legal responsibilities for the maintenance and upbringing of a minor.

In accordance with Russian legislation, in order to obtain a birth certificate for a newborn and register the fact of his birth, the presence of one (any) of the parents in the registry office is required. Therefore, the presence of the baby’s mother or father will be sufficient to record his birth.

Important. Even if the man and the mother of the newborn are against entering the husband’s surname ( ex-husband) in the birth record, the father will still be recorded. But in the future, if a man does not agree that he was recorded as the father of the child, he will be able to protest it in court.

Why is this legal norm needed?

Let us consider in more detail why the use of the presumption of paternity is necessary:

Makes it easier to identify the father.
Allows mothers to receive child benefits and other social benefits in a shorter time and without collecting additional documents.
Provides the opportunity to receive a survivor's pension in the event of the premature death of the child's father.
The child has the right to inherit the property of the second parent.
The mother may short term initiate court hearings to collect alimony.
The father receives the legal right to communicate with the baby and participate in his upbringing if the child’s mother interferes with their communication.

When is the presumption of paternity valid?

Sample statement of claim to challenge paternity

Price

Challenging paternity refers to claims of a non-property nature, so the state fee when filing a claim in court will be 300 rubles. But in addition to paying the state fee, the plaintiff may have to incur other financial expenses. So:

drawing up a statement of claim from a lawyer will cost from three thousand rubles;
for representation in court you will have to pay from five thousand rubles for each court session;
if genetic examination is needed, then legal costs will increase significantly, since DNA examination will cost at least 16 thousand rubles.

Deadlines

The duration of the trial will directly depend on the specific situation. The minimum duration of the procedure is two months from the date of filing the application, plus one month after the court decision is made until it enters into legal force.

But in practice, the process of challenging paternity can last up to six months, and in some cases more. Everything will depend on whether DNA testing is required, whether the defendant agrees with the court’s decision or files an appeal, and on many other factors.

Legal consequences of challenging

Excluding information about the father from the birth record has the following legal consequences:

The kinship relationship between man and child ceases.
All information about the plaintiff as the father is removed from the birth record.
The minor is issued a new birth certificate.
Any property and other rights and obligations between a man and a child are terminated, including the right of inheritance or the obligation to pay alimony.
A man has the right to challenge a previously rendered court decision or a concluded voluntary agreement on the collection of alimony.

From the moment a court decision to challenge paternity is entered, the man and the baby become complete strangers to each other.

Alimony

If the child’s mother or his guardians previously received alimony for a minor, then when challenging paternity the man must:

include in the claims a petition for the cancellation of alimony obligations;
if a woman knew a priori that the father was another man, but did not inform the official father about this, then he can also go to court with a demand to recover previously paid alimony from the woman.

Example

Olga and Nikolai Anisimov lived in an official marriage for several years; they had no children. Nikolai worked on a rotational basis and often left for long periods of time. At this time, the woman had a lover, from whom she became pregnant after some time, but hid from her husband that the child was not his.

A few months later, Olga and Nikolai divorced, and a month later Olga gave birth to a boy. The registry office recorded Nikolai as the baby’s father. Since Olga was in maternity leave to care for the child and actually did not work anywhere, she filed a claim for the recovery of alimony for herself and the child, and named her ex-husband as the defendant in the claim. Nikolai paid alimony for his ex-wife and child for two years, but then, during a medical examination, he learned that he could not have children for medical reasons.

He filed a claim to challenge paternity and recover ex-wife alimony previously paid to her. As evidence that he cannot be the father of the boy, the plaintiff provided the court with a certificate from a medical institution about his infertility. The court fully satisfied Anisimov's claims.

The presumption of paternity is aimed primarily at protecting children's rights. Therefore, situations often occur when a man who has no relationship with the newborn fits into the father column.

If you find yourself in such a difficult situation and cannot protect your rights on your own, or do not understand where to start, it is better for you, at least at the first stage, to get advice from a competent lawyer on family issues. The specialist will tell you what documents you will need in your specific case, will tell you what needs to be done first and what should not be done under any circumstances. If necessary, we will help you draw up a statement of claim in court or represent your interests at a court hearing.