Establishing Paternity in Kyiv

Establishing paternity is, without exaggeration, one of the most tangled and complex categories of family disputes. According to Art. 121 of the Family Code, if a man and a woman are married and they have a child, the husband will automatically be considered the father of that child. What could be difficult about that, you may ask? The biggest difficulties arise when a child is born in a so-called “common-law marriage”, or when a man other than the mother’s husband considers himself the father of the child.

Do not confuse the concepts of “establishing” and “contesting paternity”. In the first case, the identity of the father still needs to be determined, while in the second case the child already has a record of a father in the birth certificate, but another person considers himself to be the father of the child or, conversely, does not.

If it concerns establishing paternity when the man and woman are not married, the father may independently submit an application to the civil registry office (GorAGS) stating that he is the father of the child. If the man does not wish to do so and does not acknowledge himself as the father of the child, the mother will have to prove his paternity in court.

Evidence that the defendant is the father of the child may be not only a genetic test (although such a method, of course, will be the most reliable), but also other data that in some way may indicate paternity. Thanks to the skillful actions of an attorney, there may also be cases when the defendant voluntarily admits that he is the father of the child (without conducting an examination).

Another type of conflict is the contesting of paternity. A person who considers himself to be the father of a child born to a married woman may file a claim against her husband (if he is recorded as the father of that child).

Establishing paternity occurs exclusively through the court, either voluntarily or by force. A claim can be filed by the mother, the father, current guardians, or the child himself after reaching 18 years of age. The court can be held at any time, as there is no specific limitation period for such cases. The procedure for establishing paternity is fairly simple. It involves filing a correctly drafted claim, with which our lawyers can help you, and incontrovertible evidence. These may include:

• DNA test;
• cohabitation of both parents, running a household, marriage;
• graphical or medical examination to determine the moment of conception of the child.

In rare cases, the court may apply forced establishment of paternity, but it serves more as psychological pressure than real compulsion to act. After all, in Ukraine it is prohibited to take biometric data without personal consent.

Besides establishing the relationship between parents and children, there is the reverse process. The presumption of paternity realizes the right of citizens to challenge a judge’s decision regarding kinship with a child. This process is quite complex. It involves the filing of a petition by the plaintiff requesting the removal of the paternity entry. Our lawyers can also help prepare this case for you in the shortest possible time.

In Ukraine, establishing paternity after the father’s death is provided for by filing an application to the court. There is no statute of limitations for such cases. Thus, the mother, current guardians, or the child upon reaching adulthood may apply to the court in the prescribed manner. This process is quite complex because conducting a DNA analysis is practically impossible. The absence of biometric examination significantly complicates the litigation. Nevertheless, there are a number of other items that can serve as evidence of paternity. For example, witness testimony, photo and video materials, various written documents. Cases of establishing paternity are most often aimed not so much at confirming kinship as at restoring the child’s rights to inheritance, support from relatives, survivor’s pension, and so on.

The experienced lawyers of our firm will help draft a claim to establish or contest paternity, represent the client’s interests in court, and obtain a ready court decision that will certainly be in your favor.