Establishment of paternity in Ukraine
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Establishing paternity in Ukraine – legal procedures and requirements
In Ukrainian family law, acknowledgement of paternity is of great importance, as it carries with it a number of rights and obligations. This article sheds light on the intricacies of establishing paternity in Ukraine, highlighting the legal framework, recognition procedures and the key role of evidence in the process.
Acknowledgement of paternity in Ukraine is a multifaceted process governed by a comprehensive legal framework. Regardless of whether it is a joint application or a court decision, the goal remains the same: to establish the legal paternity of a child. The availability of multiple avenues underscores the commitment of Ukrainian family law to protecting the rights and obligations of both parents and children. For comprehensive legal advice and assistance in paternity matters, please contact experienced lawyers who are well versed in Ukrainian family law.
The legal framework for establishing paternity
The basis for the recognition of paternity in Ukraine is a robust legal framework that includes key legislative documents. These include the Family Code of Ukraine, the Civil Procedure Code of Ukraine, as well as special administrative orders and resolutions issued by the Ministry of Justice and the Supreme Court of Ukraine.
Recognition of paternity by joint application of parents
If the parents are unmarried, paternity can be established in two main ways: by a joint application to the civil registry office or by a court decision. The process begins with the submission of a package of required documents.
List of required documents
To successfully submit a joint application, parents must submit a written joint application, identity documents (usually passports), and proof of payment of the state fee. In the absence of an identity document of one of the parents for valid reasons, the civil registry office is obliged to register the birth of the child on the basis of the available information and the marriage certificate.
Determination of the child’s origin
The child’s descent from the father is usually determined on the basis of a marriage certificate and a document from a healthcare institution confirming the child’s birth. Special rules apply to children born within ten months of the termination of the marriage or its invalidation.
Recognition of paternity by court decision
In cases where filing a joint application is not possible or not foreseen, paternity may be recognised by a court decision. This route opens the door to recognition of paternity on the basis of any information confirming the biological relationship of the child with a particular person, collected in accordance with the Civil Procedure Code of Ukraine.
Establishment of paternity by court decision
In the event of the death of an unmarried man, the court can play a key role in establishing paternity. The relevant application may be filed by various persons, including the child’s mother, guardian, trustee and even the child himself, if he has reached the age of majority.
Acknowledgement of paternity by a court decision in an action
Another possible option is the recognition of paternity by a court decision in a lawsuit. As in the previous scenarios, evidence is crucial to establish paternity, and the legal framework is in line with the Civil Procedure Code of Ukraine.
The procedure for applying to the court
Certain procedural requirements must be met in order to initiate a lawsuit. Claims against an individual are filed in court at the place of his or her residence or registered place of stay, unless otherwise provided by law. In addition, it is important to involve the civil registry office, as this issue relates to amending the child’s birth record.
Types of evidence
Evidence plays a key role in substantiating claims for paternity. The range of admissible evidence is diverse, including records of cohabitation, joint upbringing or maintenance of the child. In addition, witness testimony, written or physical evidence, and expert opinions can be used to support a case.
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