Posthumous paternity test. Declaration of Paternity

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

With the growing popularity of civil marriage, certain troubles are increasingly arising. Since children are born in such marriages, it often becomes difficult to establish paternity. Particular difficulties arise when the future father dies. A young mother sometimes needs to prove the relationship of the baby with the deceased person. For example, a girl wants to apply for a child benefit for the loss of a breadwinner or claims the inheritance of her common-law husband.

Methods of establishing paternity

There are three ways to establish kinship when the spouses are not married. They differ in the conditions and sequence of the procedure. Paternity can be established in the following ways:

• voluntary recognition;
• through court order;
• Posthumous paternity by court.

Voluntary recognition of kinship

Established in case of unregistered relations of civil spouses. Together they submit an application to the registry office for recognition of paternity (maternity is recordedautomatically). If the mother of the baby either died, or she was deprived of parental rights after a trial, or she was declared incompetent by the conclusion of specialists, then the father can apply only with the consent of the relevant authorities. Here it is important to take permission from the guardianship authorities.

Sometimes, after the birth of a baby, due to some circumstances, parents cannot apply together. Then it is provided for its submission to the registry office before the birth of the child.

When a child reaches the age of majority, the process of establishing paternity is carried out only with the permission of the first.

Judicial Paternity Determination

It often happens that the alleged father does not want to recognize his minor child. Here the mother can only get justice through the courts.

The Family Code was amended in March 1996. Therefore, if the child was born after the changes were made, the establishment of the fact of paternity is regulated by Article 49 of the RF IC. The court accepts and considers all the evidence presented, which confirms the birth of the baby from the person indicated in the application. All possible evidence is listed in article 55 of the RF IC.

For older children, the procedure is carried out on other aspects. In this case, the court will be guided by Article 48 of the RF IC when making its decision. Here the plaintiff proves the common housekeeping, as well as the cohabitation of civilspouses at the time of pregnancy with the subsequent birth of a joint child. There is no statute of limitations on establishing paternity. You can apply to the court at any time after the birth of the baby.

Establishing paternity after death

Posthumous establishment of paternity is carried out only in court. The fact of recognizing a born baby as a dead person during his lifetime is not important here. Also, the establishment of paternity after the death of the father begins only after the provision of evidence that certifies the fact of birth from the deceased person. This case only applies to children born before March 1996.

The court is also dealing with older disputes. If the child was born before October 1, 1968, the court recognizes the paternity of the deceased person if there is evidence that the then minor was fully dependent on the alleged father until his death.

Reasons for establishing relationship

There are only two reasons for posthumous paternity.

1. When the baby's parents were not officially married, and at the time of death, the alleged father did not recognize his own child.
2. If a man acknowledged paternity before his death, but at the time of the birth of the baby, the spouses were already or were not yet officially married.

Filing a claim with the court

To establish kinship, the required statement of claim to the court, in addition to the mother, may be filed by some other persons. go to court haveright:

• guardian, officially confirmed in the event that the child has not reached the age of majority;
• if the baby is dependent on someone, then the person containing the minor sues;
• upon reaching the age of 18, the child himself can file a claim with the court.

Evidence that the court takes into account in making its decision

Article 55 of the RF IC specifies all admissible evidence that the plaintiff can present to the court when establishing paternity. These include:

• Letters written by the alleged father both to the mother of the child and to the minor himself.
• Written statements by a deceased person that indirectly prove paternity. These may be entries in circles or sections that the alleged father carried out.
• Evidence. The court will hear the views of neighbors and relatives of the mother, who will talk about the relationship of the spouses. Also here, if possible, state bodies will be involved, which can provide important evidence in this matter.
• Medical evidence. An important aspect in the posthumous establishment of paternity are the results of DNA analysis. Of course, this procedure is possible only if the deceased person has close relatives, for example, parents, sisters or brothers.

DNA paternity testing

How is it done? Posthumous paternity is often only done after a test has been performed. On theToday, such cases are quite popular and more effective. A paternity test is carried out only after a court decision and in a specific clinic, which will be indicated. DNA analysis is carried out with strict observance of all sanitary and legal norms. In connection with the death of the father, experts use biomaterials of the next of kin. Parents or siblings can act as a source for collecting biomaterial for DNA testing for paternity. Also, specialists can use the blood tests of the deceased person, which he passed during his lifetime.

A paternity test gives a 99% chance, which will significantly increase the chances of a positive outcome for the plaintiff. After passing this procedure, the results are submitted to the court, and a new date is set for the consideration of the case. If the decision is positive, the mother or other representative of the minor child writes an application to the registry office, attaching copies of all necessary documents. These include the child's birth certificate and the court's decision. On the basis of a court opinion, a few days later, the mother receives a new certificate of paternity. With this document, a woman can claim bereavement benefits, as well as inheritance.

Conditions for applying for recognition of paternity of a deceased person

A statement of the establishment of the fact of paternity, filed with the court, must be drawn up in accordance with all legislative norms. If the mother or guardian of the minor is not aware of the entire procedure, it is best to contactlawyer or solicitor for advice. Because, in addition to the application, it is necessary to attach copies of some documents. If filed correctly, the court will soon take into account your situation and begin work. In the application, the mother must indicate all the data about the deceased alleged father and the joint minor child.

List of copies of documents required for consideration in court:

• Death certificate of alleged father.
• Birth certificate of a joint minor child.
• Certificate of joint residence from the place of residence (if any).
• Receipt of payment of the required state duty.
• Evidence of the paternity of the deceased person (photos, letters, etc.).

Objections to an application to establish the relationship of a deceased person

Sometimes it happens that a mother's application for paternity of a deceased common-law spouse is considered more seriously due to certain specific circumstances. They can be counter-objections, more often statements of claim. Such a claim can be filed by close relatives or, even worse, his official wife.

In the event that the deceased alleged father was not officially married to another woman, the fact of relationship is confirmed by evidence in the form of photographs or letters, as well as with the help of witnesses. If the man was officially married, then proving justice is much more difficult. Despite all the evidence and testimonies presented, the court will requireperform DNA analysis. According to experts in the legal field, if a counterclaim arises against a submitted application, the court, when making a decision, is guided only by the results of the analysis.

To summarize. Establishing paternity after the death of a father is a rather troublesome business, and sometimes requires large financial costs. Therefore, establishing the relationship of an unregistered couple should be treated more responsibly. Because the jurisprudence notes the moments when the establishment through the court failed. It is not easy for a young mother to get through this situation alone.