Features of the procedure for establishing paternity
To date, many women give birth to children without being married. In this case, the law does not allow you to simply enter the name of the pope in the birth certificate of the baby. Therefore, the procedure for establishing paternity through a court or on a voluntary basis is carried out. It has some features and sequence of actions.
So, the voluntary process of establishing paternity is made by mutual application of both parents of the baby. And you can apply it after the child is registered with the registry office. In addition, the mother can write such a statement with the biological father of the baby, if it is not her husband, and she is married. In any other cases, you will have to go to court. Then the application can be submitted either by the mother or the father.
The court procedure is lengthy and involves some difficulties, for example, the conduct of a genetic examination. Naturally, the process of establishing paternity begins with the filing of a claim by that person who wants to achieve the truth. This method is possible even if one of the parents is incapacitated or is deceased. Along with the claim, the woman has the right to write a petition for the payment of alimony by the defendant, if his paternity is proven.
To apply to the court you will need other documents: a copy of the statement of claim, which the defendant should read, a copy of the birth certificate of the baby (the original is provided at the meeting), a receipt for the repayment of the state duty. In addition, you will need to take a certificate from the child's place of residence, as well as possible evidence that can form the basis in the process of establishing paternity. It may be necessary to cooperate with the guardianship authorities. After the filing of all documents and their consideration, the court must fix the date when the preliminary hearing of the case will be made. It is at this stage that a decision is taken to conduct expert examinations and to find additional evidence.
A test of paternity can be carried out even before the hearing of the case on the merits. Examination is carried out in independent laboratories. As a biological material, blood or a swab from the oral cavity of the child and the alleged father may be taken. Naturally, this procedure is paid, but if paternity is proven, then material embezzlement can be entrusted to the defendant. However, the test can not be forced. In this case, the judge makes a decision based on other evidence: correspondence, any documentary confirmation of the relationship of the parents at the time of conception or the birth of the baby. So, as a result of several hearings and consideration of all documentary facts, the court will make a decision.
Before starting to establish paternity, it is necessary to weigh all the pros and cons. The fact is that in this case the child can suffer, since his psyche is not ready for such stresses. Especially if a man categorically does not recognize his paternity and does not want anything to do with the baby.