According to family law, the father of a child born in wedlock or within three hundred days after its dissolution, annulment, unless otherwise proven, recognized the husband of the mother (or former spouse).
proof of origin of children from certain parents, in accordance with Art.47 SC is a record made in the register of births in the prescribed manner.However, the possibility of challenging paternity (maternity), which is carried out in the courts.Situations in which this occurs can vary.But as a rule, they arise in connection with the duty to maintain the child.In addition, the latter has the right to inheritance.
The paid entry can be challenged not only the father or mother of the child.This right can take advantage of tutors or guardians of the child, guardians parents recognized incapable.And also the person is actually the mother or father of the child.Moreover, this right has the child, who at the time of going to court has come of age.
paternity and the trial is carried out on the basis of received petitions from the above persons.At the same time the statute of limitations in the law is not established.In a statement on a mandatory basis should be information about the moment when the actual marriage relationship between husband and wife have been discontinued, or the time at which they live separately.It is also necessary to provide:
- documents which confirm the fact that the biological father is a person;
- certificate (copy) the child's birth;
- receipt of State Duty.
How to prove paternity in court?
In the process, taking into account any evidence provided by the parties, which confirmed the origin of the child.It can be testimonies, videos, photographs, letters, medical records confirming the futility of men, and others. Often used a method of establishing paternity, as the examination of DNA.However, it is expensive and does not give an absolute guarantee, why resort to it in all cases.In addition, it is often not used because the respondent often tries to avoid its holding under various pretexts.The Court must consider all the evidence together.He must establish a compliance recordation of parents to find out who is the biological father of the child and the mother.The court's decision implies that the associated legal implications.
paternity is not satisfied:
- if at the time of entry a man knew that in fact the father of the child is not;
- if consent to the implantation of the embryo or the use of artificial insemination has been given in writing;
- if paternity has arisen in relation to the child, nurtured and born by a surrogate mother, after making a recording with the consent of all interested parties.
These provisions are spelled out in the legislation in connection with the need to protect the interests of the child.It is believed that, when deciding on the design of paternity take into account all the possible legal consequences, and arbitrary changes in their expression of will not be tolerated.
Since paternity - a complex process that requires the collection of the necessary documents, writing a statement of claim, defend their rights in court, it is advisable to turn to lawyers providing services to represent the interests on a professional basis.Of course, these services often are expensive, so you need to come out of their opportunities and chances for success.Perhaps it makes sense to turn to a lawyer for assistance in drawing up the statement of claim or only at the hearing.
