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Features of the procedure for establishing paternity

Features of the procedure for establishing paternity
Features of the procedure for establishing paternity
Anonim

Today, a lot of 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 on the birth certificate of the baby. Therefore, the procedure for establishing paternity is carried out through the court or on a voluntary basis. It has some features and sequence of actions.

establishing paternity

So, the voluntary process of establishing paternity is based on the mutual application of both parents of the baby. Moreover, it can be submitted 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 he is not her husband, and she is married. In any other cases, you will have to go to court. Then either the mother or the father can apply.

The court procedure is lengthy and involves some difficulties, such as genetic testing. Naturally, the process of establishing paternity begins with the filing of a claim by the person who wants to achieve the truth. This method is possible even if one of the parents is incapacitated or is deceased. Together with the statement of claim, a woman has the right to write a statement aboutthe payment of alimony by the defendant if his paternity is proven.

paternity cases

To apply to the court, you will also need other documents: a copy of the statement of claim, which the defendant must read, a copy of the baby's birth certificate (the original is provided at the meeting), a receipt for the payment of the state fee. In addition, you will have to take a certificate from the place of residence of the child, as well as possible evidence that can become the basis in the process of establishing paternity. You may have to cooperate with the guardianship authorities. After all documents have been submitted and reviewed, the court must set a date for a preliminary hearing. It is at this stage that a decision is made to conduct examinations and search for additional evidence.

paternity test

A paternity test may be conducted before the hearing on the merits. Examination is carried out in independent laboratories. As biological material, blood or a swab from the oral cavity of the child and the alleged father can be taken. Naturally, this procedure is paid, but if paternity is proven, then the material costs can be assigned to the defendant. However, the test cannot be forced. In this case, the judge makes a decision based on other evidence: correspondence, any documentary evidence of the relationship of the parents at the time of conception or the birth of the baby. Thus, as a result of several hearings and consideration of alldocumentary evidence, the court will decide.

Before you start paternity cases, you should definitely weigh the pros and cons. The fact is that in this case the child may suffer, since his psyche is not ready for such stresses. Especially if a man categorically does not recognize his paternity and does not want to have anything to do with the baby.

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