Establishment of paternity in court. Step-by-step instructions and pitfalls of the process

Grounds for recognizing a father through court

According to Art. 49 RF IC; Clause 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 16, the procedure for determining paternity in court is possible in the following cases:

• the father does not recognize the child as his own and refuses paternity;
• the whereabouts of the child's mother is unknown;
• the father refuses to submit an application to establish paternity voluntarily;
• the child's mother or guardian does not give consent to establish paternity;
• death of the mother or deprivation of her parental rights;
• the child’s parents are not in a registered marriage and have not filed a paternity application with the registry office.

Important! All norms of the Family Code are valid only for legal relations that arose after 03/01/1996. This means that the right to establish paternity in court, according to the Family Code, is possible only for children born after this date. For all other cases, the articles of the Code on Marriage and Family of the RSFSR are used.

Is it possible without the consent of the biological parent if he is against it?

There are often cases when the father does not want to accept obligations towards the child and categorically refuses to recognize paternity. In this case, the mother or official guardian must apply to the court to request a medical examination.

If DNA testing is impossible for any reason, or the father refuses to carry out the procedure, it is necessary to provide the court with evidence directly or indirectly confirming the fact of paternity.

It can be:

• testimony of witnesses, including relatives and friends;
• photographs, video and audio materials;
• documents and extracts from medical and government institutions;
• fact of coincidence of patronymic;
• statements, checks and other documents confirming the availability of funds transfer;
• other evidence at the discretion of the plaintiff.

The court's decision will directly depend on the quantity and reliability of the evidence collected. It is necessary to provide as much material as possible to prove the defendant's involvement with the child.

Evidence of paternity

The process of collecting evidence must be approached not only carefully, but also creatively. Perhaps during the pregnancy the father provided some certificates (for example, to an antenatal clinic). Or you visited the clinic with your mother, then you can attach a pregnancy card or request a doctor’s visit card.

If the medical institution refuses you this, prepare a written petition to request evidence. In such cases, in 99.9% of cases, a genetic examination is carried out: the initiator will pay for it (about the rules for collecting a sum of money for conducting an examination, see the article on legal costs).

The expert's opinion will be the main evidence for the court. However, you should also take care of providing other evidence: calling witnesses, providing correspondence, joint photographs.

Who can file such a claim?

According to the Family Code of the Russian Federation, the following may file a claim for recognition of paternity:

• mother or father of the child;
• the child himself (adult son or daughter) upon reaching adulthood (over 18 years old);
• official guardian;
• a person who has taken a dependent child.

Attention! If a claim is filed against an adult child, his written consent is required. If the child is incapacitated, such consent is given by the guardian.

Step-by-step instructions: how to establish the father of a child in court?

Where to write a statement of claim?

A claim for recognition of paternity is filed, according to territorial jurisdiction, in the district court at the plaintiff’s place of residence. Any of the child’s parents, guardian or acting guardian, as well as the child himself upon reaching adulthood, can apply.

If the child’s parents are citizens of different states, the claim is filed in the country of which the child is a citizen upon birth.

How to fill?

The sample application is regulated by Decree of the Government of the Russian Federation dated October 31, 1998 N 1274. A claim to establish paternity can be filed by:

• mother;
• father;
• an adult child;
• guardian.

A form to fill out can be obtained from the court.

The application is drawn up in triplicate, with the obligatory indication of:

• Full name of the plaintiff and defendant;
• Child's full name;
• series and number of the plaintiff’s and defendant’s passports;
• date and place of birth of the child;
• a detailed statement of the circumstances of the case with a request to recognize paternity;
• date and signature of the plaintiff;
• details and name of the judicial authority where the application is submitted.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

Reference. The father's statement of claim is always filed at the place of residence of the child's mother. A woman, legal guardian or adult child can file an application either at the defendant’s place of residence or at the place of residence.

Examples of wording for drawing up a claim:

• On the part of the mother or guardian:
  “When registering the child at the registry office, the defendant refused to submit an application, and therefore the child was registered in my name. The defendant refuses to recognize paternity and does not provide financial support for the maintenance of a minor child. In this regard, I ask you to establish paternity and award alimony in the amount of 1/4 of the salary.”

  We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

  8 (800) 350-29-87

• From the father's side:
  “I, Full Name, ask to establish the fact of paternity in relation to the child’s Full Name, since my cohabitant refused to jointly submit an application to the registry office and register the child.”

  We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

  8 (800) 350-29-87

The court does not establish strict requirements for filling out a claim. It is necessary to describe the essence of the case in as much detail as possible, with the obligatory indication of the reasons why the father was not registered earlier.

Complete list of documents that need to be attached to the case

If the application is submitted by a mother, guardian or citizen currently caring for the child, in addition to the statement of claim, the following documents must be provided:

• a copy of the application form;
• the plaintiff’s passport and its copy;
• original and copy of the child’s birth certificate;
• documentary evidence of paternity (certificates, statements, invoices, joint photographs);
• results of a medical examination to establish paternity in the event of a categorical refusal to recognize paternity by the defendant.

If an application is submitted by the father as a result of the mother’s inability to perform parental functions for one reason or another, the following documents must be provided:

• passport and its copy;
• document confirming payment of state duty;
• a document confirming the mother’s incapacity (deprivation of parental rights, recognition of incompetence for medical reasons, a document confirming the impossibility of establishing the place of residence, a court decision to imprisonment);
• mother's death certificate.

Carrying out a DNA test (genetic examination)

Important! To conduct a DNA examination, biological materials of the child and the alleged father are required. As a rule, this is blood and saliva.

The procedure for collecting material is safe and does not cause physical harm to the child’s health.

When is it required?

Genetic testing may be necessary in the following cases:

• when the father refuses to acknowledge paternity;
• if the father has doubts about his involvement in the birth of the child;
• if the court refused to recognize paternity and more significant evidence is needed from the plaintiff;
• if the defendant wants to challenge the court's decision on paternity.

According to Art. 79 of the Code of Civil Procedure of the Russian Federation, to conduct a forensic medical examination, it is necessary:

• consent of both parents for this procedure;
• official permission from the court to conduct an examination;
• DNA samples from the child and the defendant.

If the parties mutually agree to conduct a medical examination, parents (or guardians) have the right to independently choose the place and time of the examination. In all other cases, this decision is made by the court and a forensic medical examination is ordered.

The final court decision regarding recognition of paternity cannot rely entirely on the results of a DNA examination, however, the expert decision will be the main evidence of paternity during the trial. To make a positive decision about paternity, a minimum match of 14 DNA fragments between the father and the child is required. In some cases, additional examination is carried out to establish the identity of the samples.

Attention! Often, the very fact of the father’s evasion from collecting materials for examination can be regarded by the court as indirect evidence of the biological relationship of the defendant and the child.

The refusal on the part of the mother to collect material from the child and obstruction in conducting the examination are assessed according to the same principle. The court regards such behavior as a fact of lack of relationship between the defendant and the child. Read about establishing relationships here.

Who can apply?

The document requesting an examination is called a petition and can be filed by either party. As a rule, a document is drawn up in the event of an unsatisfactory outcome of the trial and the need to confirm or challenge a court decision.

How is a petition prepared?

The document form can be obtained after the fact in court. A claim for a procedure to establish paternity is filed at the defendant’s place of residence in the district court. In some cases, you can file a petition, as a result of which the case will be sent to the plaintiff’s place of residence.

When drawing up the document, you must indicate:

• address and name of the judicial authority to which the petition will be sent;
• Full names of the parties and the child;
• grounds for the procedure;
• it is necessary to list the issues that must be resolved during the examination;
• indicate the name of the organization that will carry out the procedure;
• determine who will pay for the genetic examination and indicate this in the document;
• provide the original and a copy of this application;
• number and signature of the applicant.

Examples of request wording:

• From the side of the mother or guardian:
  “Since the defendant objects to the claim, I believe that establishing paternity is possible only by conducting a forensic molecular genetic examination. Based on Article 79, I ask you to order a forensic genetic examination.”
• From the father’s side:
  “At the time of the child’s birth, the defendant and I were officially married, on the basis of which the child was assigned my last and patronymic name, but I am not the biological father. Guided by Art. 52 RF Family Code, I ask you to establish that I, Full Name, am not the father of the child, Full Name, through a forensic medical examination.”

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

What does the solution look like?

Reference. Based on the evidence provided, as well as the results of the DNA examination, the court makes an appropriate decision in accordance with Art. 126. RF IC.

If the result of establishing paternity is positive, a corresponding entry is made in the birth certificate and the defendant is charged with a list of responsibilities in relation to the child:

• caring for the life and health of the child;
• material support and satisfaction of all the necessary needs and requirements of the child;
• raising a child in the absence of the mother for any reason.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

Costs of the procedure, state duty and terms of consideration of the case

Initially, all financial responsibility lies with the plaintiff. If paternity is established, all expenses are paid by the defendant.

List of main expenses:

• State duty in the amount of 300 to 350 rubles.
• Legal services when drawing up a claim, if necessary.
• The cost of laboratory examination may vary depending on the region, the number of tests and prices set at the medical center. As a rule, this is an amount from 15 to 30 thousand rubles.

In most cases, the consideration of the case and the issuance of a court decision occurs within two months from the date of filing the claim.

Registration

After the court has made a positive decision recognizing the fact of paternity of the defendant, it is necessary to contact the civil registry office at the place where the court decision was made to establish paternity and provide the following documents:

• application form;
• certificate of payment of state duty.

Attention! The application form may vary depending on who is submitting the application, whether the mother and father are married, or whether the application is being submitted by a third party. Forms for submission can be found on the official portal of State Services and filled out after the fact.

Compilation

Regardless of who files the claim, the existence of a relationship between the father and mother of the child will need to be confirmed. Testimony from neighbors, some documents drawn up jointly by parents, etc. are suitable for this. Depending on the completeness of the evidence base, the process can be carried out in a short time. However, during the proceedings, the defendant may present rebuttal evidence to the court.

Evidence can also be video and photographic materials that can confirm or refute the fact that the mother and father of the child live together. It is worth taking care of the evidence base for the claim in advance. Documents that contain information about the living space where the mother lives and the signature of the alleged father are suitable. These could be payments for utility bills, contracts with repair and construction organizations, etc.

To prepare a statement of claim to establish paternity, it is best to contact a lawyer specializing in family law. It will help you not only in collecting data, but will also help you decide on the demands that you want to make against the defendant. So, when requesting a one-time alimony payment, their size and form must be mentioned in the application, for the most suitable outcome of the trial.

What differences and features appear when applying for alimony payments at the same time?

Unfortunately, there are often cases when the father not only does not recognize the child, but also refuses any participation in his upbringing. A mother raising a child alone has the right to demand the collection of alimony in court, along with the requirement to establish paternity.

According to Art. 53 of the Family Code of the Russian Federation, a child has the right to care, education and financial support from both parents, regardless of whether the father and mother are married or not.

The responsibilities of parents include the full maintenance of a minor child, according to Art. 80. Based on this, the plaintiff, among other documents, files a claim for alimony, in which it is necessary to indicate:

• Full name of the plaintiff, defendant and child;
• state the essence of the matter;
• a request to establish the amount and terms of payment of alimony on the part of the defendant;
• date, number and signature.

The decision in the case of collecting alimony depends on the result of establishing paternity. If the result is positive, the defendant is assigned a monthly alimony payment amount, depending on earnings or other income. The responsibility to pay child support rests with the defendant until the child reaches adulthood.

Reference. Payment of alimony before filing a claim is excluded in this case. The mother or guardian has the right to demand financial compensation for child care only after the court makes a final decision on paternity.

Requirements for filing a claim to establish paternity

A prerequisite is the identification of the proper plaintiff. Otherwise, the court will return the application without consideration.

Persons who have the right to initiate the process of establishing paternity

The application must meet the general requirements for a claim:

• executed in writing;
• the number of copies corresponds to the number of persons participating in the process;
• evidence is included as an appendix;
• the document is signed by the plaintiff or his representative (if there is a notarized power of attorney).

Distinctive features of a claim to establish paternity are the involvement of the guardianship department and the registry office in the process. The guardianship department must provide a conclusion on the advisability of entering data about the man into the children's documents. As practice shows, the conclusion is always positive. Since having an official father is definitely in the best interests of the minor.

A civil registry office specialist is needed to receive instructions from the court if the claim is granted. Information about the father is entered by a specialist precisely according to a court decision, and not at the request of the plaintiff.

Important! If the application is submitted by an adult child, then the involvement of the guardianship department is not required. The exception is the situation when the claim is filed by a guardian in the interests of an adult incapacitated person.

How to challenge and cancel a decision?

Of course, the court decision can be challenged by one of the parties, according to Art. 49 RF IC. To challenge it, it is necessary to file a second claim listing the arguments and objections against the court's decision. Also, the plaintiff or defendant can appeal the results of the examination and demand repeated studies.

From the documents you will need:

• statement of claim;
• a copy of the child's birth certificate;
• receipt of payment of state duty (300 rubles);
• evidence confirming that the person recorded as the child’s father is not his biological father.

It is impossible to unambiguously predict the outcome of events, since the court evaluates the evidence in its entirety based on a full and comprehensive study of the case materials according to its inner conviction.

We invite you to read our articles about the certificate of paternity, the procedure for establishing paternity through the registry office and after the death of the father.

Sample statement of claim to establish paternity

In most cases, the application is made by the father or mother. The law does not establish fundamental differences between claims.

Sample claim to establish paternity from mother

Sample claim to establish paternity from father

Underwater rocks

Few people think about the possible disadvantages in the event of a positive decision and forcing the biological father to take legal responsibility for the child. Before filing a lawsuit, you need to carefully weigh the pros and cons.

Possible difficulties in connection with establishing paternity:

• the amount of alimony and financial benefits for a single mother can differ significantly for the worse;
• the defendant acquires equal parental rights to the child;
• the need for permission from the father to take the child abroad;
• emergence of rights to inheritance.

Important! To avoid the emergence of controversial issues, it is recommended to draw up an agreement between the plaintiff and the defendant in advance. Such a document does not require legal participation; it is sufficient to describe in detail the rights and obligations regarding the child and secure it with the signature of both parties.

The procedure for establishing paternity is a rather complex and costly undertaking. Before going to court, you should try to resolve the issue peacefully. Perhaps the defendant will cooperate and the matter will end in a mutual agreement. Otherwise, you should consult with a lawyer and get competent advice for a successful outcome of the case.