The process of establishing paternity
Today a lot of women have children without being married. In this case, the law does not allow just to enter fathers name in the birth certificate of the baby. Why is establishing paternity through the court or on a voluntary basis. It has some features and the sequence of actions.
So, a voluntary process of establishing paternity is by mutual statement of both parents of the baby. And submit it after the baby will be registered in the registry office. In addition, the mother can write such a statement from the biological father of the baby, if he is not her husband, and she is married. In all other cases you will have to go to court. Then application may be made by either the mother or the father.
Court procedure is long and fraught with some difficulties, such as genetic examination. Naturally, the process of establishing paternity begins with the filing of a claim by a person who wants to get the truth. This method is possible even if one of the parents is incapacitated or is deceased. With claim the woman has the right to write a statement about the payment of alimony by the defendant, if his paternity is proven.
For going to court, you will also need other documents: a copy of the claim with which to see the defendant, a copy of the birth certificate of the baby (the original is available at the meeting), receipt of repayment of amount of the state fee. In addition, you will have to take help from the place of residence of the child, as well as possible evidence that can be the basis in the process of establishing paternity. You may have to cooperate with the guardianship. After submitting all of the documents and review the court must set a date for the preliminary hearing. At this stage the decision on the examination and the search for additional evidence.
Test to establish paternity may be performed before the commencement of the hearing on the merits. Examination is conducted in independent laboratories. As a biological material can be taken blood or swab from the mouth of the child and the alleged dad. Of course, this procedure is paid, however, if paternity is proven, the material waste can impose on the defendant. However, the test cannot be made forcibly. In this case, the judge makes a decision based on other evidence: correspondence, any documentary evidence of relationship of parents at the time of conception or birth of a baby. So, as a result of several hearings and consideration of all documentary evidence the court will make a decision.
Before you can start proceedings to establish paternity, be sure to weigh all the "pros" and "cons". The fact that in this case may suffer a child, as his mind was not ready for such stress. Especially if the man rejects his paternity and wants nothing to do with the baby.