How to establish paternity in Ukraine?

Questions about establishing the fact of paternity arise:

• if the mother and father are not married;
• the mother’s declaration of the child’s parentage is absent;
• another man disagrees that the lawful husband of the woman who gave birth to the children is recorded as the father of all children born during the marriage, and does not know how to recognize the child as his own;
• in the event of the death of the biological father or mother who are not recorded on the child’s birth certificate.

If paternity is not established, the parent cannot take part in raising their children, see them or even communicate with them. The procedure for establishing paternity provides that only after being recognized as the father does a person acquire rights and obligations in relation to the child. Find out how to establish paternity in the article Establishing paternity in Kyiv.

Establishing paternity in court in the event of the death of the child’s father or mother is carried out in accordance with Articles 130 and 132 of the Family Code.

Who and where can apply to establish paternity?

The fact of paternity is established by the court. The registry office only registers the child. Only the court can resolve a dispute concerning paternity.

The following may apply to the court to establish and recognize paternity:

• the mother or father listed on the birth certificate;
• a guardian or custodian, a person who raises the child;
• an adult child.

The judge decides how to determine the child’s father and has the right to order a medical examination. Based on the genetic analysis conclusion, the court can make a decision on paternity.

What documents and evidence are needed to establish paternity?

To initiate court proceedings, it is necessary to submit to the court:

• a petition to establish paternity;
• the plaintiff’s identity document;
• the birth certificate of the child regarding whose paternity the claim is filed;
• evidence confirming or refuting paternity: photographs, personal correspondence, witness statements;
• a receipt for payment of the state fee.

The most important evidence is considered to be the result of a DNA test. If it is impossible to carry out the test voluntarily, the court issues orders to undergo the procedure compulsorily.

Duration of the paternity establishment procedure

The procedure for establishing paternity lasts from one month to a year. Many factors affect the duration of the case consideration:

• the frequency and number of hearings;
• absences of the plaintiff, defendants, and other participants in the proceedings;
• the time required to determine the circumstances of the case;
• verification of evidence;
• conducting a genetic examination.

Medical laboratories provide services on how to check paternity. Anyone can contact them to find out how to confirm a genetic link with the child.

Legal consequences

Before filing for paternity, one should consider the consequences and inconveniences that may arise. For example, the mother will not be able to leave the country with the child without the father’s notarized permission.

After receiving a court decision establishing and recognizing paternity, the newly established parent acquires rights and obligations regarding the upbringing and maintenance of the child. Specifically, the mother can recover child support for a minor child, including for past periods. Read more about this in the section Claim for recovery of child support.