Sample letter of request to establish paternity. Application for recognition of paternity: sample, procedure for filling out

Instruction

Write the initial details of the addressee, the plaintiff and the defendant in the upper right corner of the sheet, which is traditionally reserved for indicating this information. Begin with the name of the court to which you will transfer your statement for consideration, and its location. Immediately below it, write the last name, first name, patronymic and home address of the plaintiff and then, similarly, the coordinates of the defendant. Don't forget to include your contact phone number. In the center of the sheet, place the name of the document "Claim statement”, and briefly the topic of applying to the court: “on establishing paternity».

Start the content part with a description of the circumstances of the case. Be as short and specific as possible. Indicate the full name of the respondent, the date of marriage with him, the period of cohabitation and the name of the child born in this marriage. Inform the court about the defendant's refusal to recognize and provide evidence of cohabitation and upbringing of the child, common housekeeping, etc. At the end, list the articles of the Family Code of the Russian Federation that allow you to demand recognition as the defendant paternity.

Next, go to the court with a list of your claims against the defendant. To do this, after the word "Please" list them point by point. And the first of them will begin with the word "Establish" (that the defendant is the father of the child). The second paragraph (if necessary): "Recover from the defendant." And the third will contain a request to call and interrogate the witnesses you listed in support of the claim.

In the final part, list in the "Appendices" section all the documents that will be presented to the court along with the claim statement m. This will be a receipt for payment of state duty, a copy of the child's birth certificate, a copy of the statement of claim, a statement of the defendant's income and documents confirming the eligibility of your claims against the defendant. Indicate the date of the application and put a signature.

Sources:

• Urprofy.ru

Establishing paternity is necessary if the parents are not officially married. It is carried out both by registry offices and in court. The choice of authority depends on the extent to which the persons involved agree to acknowledge the given paternity.

When paternity is established by registry offices

To establish paternity on a peaceful basis, both parents need to appear at the registry office. In this case, registration is carried out on the basis of an application for recognition as a father, which is a single document filled out and signed by both parents, a passport, a receipt for the paid state duty and a birth certificate of the child.

Parents can change the surname, patronymic and even the name of the child, or only enter paternal data in the birth record. Further, the employees of the department draw up an act record on the establishment of paternity and, on its basis, issue a certificate. The new certificate issued by the employees of the department is considered primary.

When paternity is established by the court

However, life often turns out to be much harsher than it might seem at first glance. It is not always possible to reach a consensus. There are biological fathers who stubbornly refuse to recognize themselves as such for a variety of reasons. These include an attempt to evade alimony obligations, doubts about the fidelity of a friend, and so on. And here the registry office is not your assistant. In such cases, feel free to write a statement to the court. These issues are within the competence of the city or district court. Justices of the peace do not establish paternity. It is possible to prove that the defendant is indeed the father of the child by any means not prohibited by law. When other means do not help, it is possible to conduct a genetic examination, the reliability of which reaches 99%.

If the father of the child died before marriage, then the court establishes the fact. One of the goals of those applying to the court with this application is to receive a pension for the child. At the same time, any reliable and confirming paternity evidence can also be presented to the court. This includes the testimony of witnesses, including the relatives of the deceased, video recordings, audio materials, and so on. The last resort would be to exhume the body. However, this measure, due to its nature, is used extremely rarely.

With the court decision that has entered into force, contact the same registry office and, having gone through all the necessary procedures, receive the documents that are due in this case. The state duty is paid when applying to both the court and the registry office. Its size is established by the tax legislation of Russia.

A father is important to every child. But in life there are situations when you have to prove your paternity, this is done only through the courts. To prove the right to raise your own child, sometimes you need to go even to extreme measures, that is, to establish paternity. Of course, everything must be documented, which is why the verdict is passed by the court on the basis of reliable evidence. This article discusses not only samples of establishing paternity, but also other important issues.

Let's get acquainted with the main documents, without which it is impossible to correctly draw up an application to the court, which means that the court proceedings will not open.

What is the point of establishing paternity?

A question often arises that requires clarification of paternity, there are many laws on this matter. A born child in a married couple is automatically considered their joint child, but the situation is more complicated with those who live in a civilian barque. Establishing paternity in court has nothing to do with contesting, so you should pay attention to the fact that these are completely different processes. When establishing a relationship between a man and a child, it turns out that the man is definitely the biological dad. A man who is not married to the mother of the child has the right to make a statement that he wants to establish his paternity, and the mother of the child herself has every right to write a statement to the court if she aims to prove that the man with whom she lived, and is the father of her child. Such disputes are best resolved through the courts.

When is paternity established?

Today you can count many situations when it is necessary to prove paternity. This is done for one purpose - to ensure the fulfillment of the duties of the father in relation to his child, and also to determine the social status of the child.

Laws that govern disputes of this nature

It is very important to carefully study the samples of statements of claim to establish paternity, in different cases you write your own statement, but the laws remain the same. Consider the main laws, where there are articles on this subject:

1. First of all, this is the Family Code of the Russian Federation.
2. Tax code.
3. Acts of civil status.

In this dispute, the internationally adopted document - "Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters" can play its role.

How is paternity established?

In order to establish the fact of paternity, it is imperative to file a lawsuit to establish paternity in court, and it does not matter whether it is voluntarily or under duress. Both the mother and the father of the child, guardians and even the child himself, when he turns eighteen, can file a claim.

There is no set time limit for such cases. Evidence can be:

1. DNA analysis for paternity.
2. Proof that the parents lived together in marriage and had one common household.
3. Graphic or medical examination, which allows you to determine the moment of conception of a child.

There are cases when the court forces the establishment of paternity with the help of psychological pressure. When a citizen, on the contrary, wants to exclude kinship with a child, he can also challenge this through the courts.

The main ways to prove the relationship of a child and father

The paternity of a man is established after a special entry, it is made with the birth of a baby in the book of acts. The father's statement of paternity is submitted when the marriage has been annulled, and also officially declared invalid. If a woman has a child in an unofficial union, then paternity is established through the court.

The procedure for establishing paternity

The procedure for identifying the relationship between the father and the child includes the following points:

1. It is determined who will be considered the plaintiff, this role can be played not only by the father, but also by the mother of the child, as well as his guardians.
2. A correct statement of claim is drawn up in court, and all necessary documents are also attached to it.
3. Proper defense in court.
4. If the court is won by the party, then care should be taken to submit documents to the registry office for registration of paternity.

What documents should be collected to file a claim?

Before filing a lawsuit, you should carefully consider what documents are needed to establish paternity. The following documents must be attached to the claim:

1. A copy of the application, it is given to the defendant.
2. A receipt indicating that the state duty has been paid.
3. Documents that indicate that the appeal to the court is reasonable.

It is worth noting that the state fee must be paid before the moment the claim is filed with the court. It is important to remember that filing a lawsuit in court cannot do without proof of paternity.

The court will examine each application separately, only after that the value of all evidence is determined and a final decision is made.

Statement of claim, a sample of its preparation

It is very important to remember that the application must be drawn up correctly, otherwise it may not be accepted in court. Let's take a closer look at how to file a claim.

1. It will be necessary to indicate to which court the application is being submitted, and the district is also indicated.
2. The full surname, name, patronymic of the person who submits the application, his place of residence is written.
3. The exact reason why such an application is filed is detailed in what exactly the rights of the plaintiff are infringed.
4. The application must list all the circumstances that indicate that the plaintiff's rights were indeed violated.
5. If there are attached documents, then some information about them is also indicated in the application.

Additionally, when writing a claim, you can specify specific data, for example, the phone number or email address of the plaintiff and defendant. If there is information that may be of additional interest to the court, then it is worth mentioning them, you can also state the petition. Sample statements of claim to establish paternity may in some cases differ from each other, but this mainly depends on the reasons and situations that will be considered in more detail in court.

The application must begin with the introduction of the person submitting it.

An example looks like this: “I, Ivanova Anastasia Sergeevna, gave birth to a daughter, Ivanova Elena Petrovna, whose father is directly the respondent. As soon as the daughter was born, the father refused to write an application for registration of the child, therefore, until now, he has not provided any material assistance for I ask you to establish his paternity through expertise."

It is worth remembering that all the necessary documents that were listed above must be attached to the application.

Which court should you go to?

All cases of establishing paternity are considered by the general court, but the application is first submitted to the district court. The Magistrate's Court does not have the right to consider cases that relate to family law relations. As a rule, the application is submitted to the court that is closest to the place of residence of the defendant himself. It cannot be ruled out that in some cases circumstances may also play a role, so the rules may change slightly.

For example, the place where the defendant lives can simply not be found, in which case the court decision on establishing paternity will be made at the location of the defendant's property. Also, do not forget that the rights of the plaintiff should not be infringed, so the application can be submitted at the place of residence of the applicant himself. The parties may also agree in advance to change the territorial jurisdiction of the case. In any case, the court that accepts the case will have to consider it in great detail and issue its verdict.

The indisputable fact of paternity

When filing a lawsuit, it is worth collecting all the necessary evidence. A DNA test for paternity can serve as a test.

You can also submit the following documents to the court:

1. Letter from the plaintiff himself, where he recognizes the child.
2. Photos in which the father and child are photographed together can even be taken into account by the caption on the photo.
3. Other facts that are prescribed in the law.

What can a DNA text give?

As a rule, it will be most correct to apply for a medical examination, which will be able to establish the exact fact of the relationship between the father and the child. Such an examination is carried out in such cases:

1. If the baby's father wants it.
2. If required by the court.

It should be noted that such an examination is paid. To pass a paternity test (the price varies from 12,000 rubles and more), you will have to prepare a tidy sum of money in advance.

But there are cases when the examination is carried out at the expense of funds from the budget:

1. When it is appointed by the court.
2. The plaintiff does not have such a lot of money because of the unsatisfactory financial situation. In this case, the examination is completely free of charge, or half covered.

The parties can independently apply to the court with a request to conduct a paternity test. The cost of the examination is divided in half between the defendant and the plaintiff. Most often, the examination is paid for by the party that declared to the court.

Can paternity be established after the death of the father?

It is often necessary to establish the relationship between the child and the father after the alleged father has died, and earlier he was unable to establish the relationship between him and the child. In this case, the court decision on establishing paternity is made in accordance with the procedural code. It will be necessary to provide rigorous evidence that the father recognized his child during his lifetime. If, for example, an inheritance is divided, then information about kinship and the opportunity to claim a share of property must be submitted.

Naturally, in this case, it is not possible to perform a DNA analysis, but there are other things that can act as evidence. You can invite witnesses to the court, provide photo or video materials, and some other written documents. Sample statements of claim to establish paternity in such cases will be completely different, because they will indicate a completely different reason. This may be the restoration of the child's rights to inheritance, the payment of alimony from the father's relatives, the receipt of a pension for the loss of a breadwinner. It is best to contact an experienced lawyer who can help you get it right.

What does jurisprudence show?

It is worth noting that paternity cases are not uncommon in court. Most often, claims are filed by mothers who wish to collect alimony or want their child to be recognized as an heir on an equal basis with other children. In judicial practice, it is considered a rare case when the father himself files a claim, but it should be noted that in this case, as a rule, all requirements are satisfied. To even collect alimony for a certain time, it is enough to establish the relationship between the child and the alleged father. Knowing how to properly file paternity documents, you can resolve many contentious issues. As you can see, knowledge of the law helps to solve many problems, then there will be a chance to do justice.

In judicial practice, there are many other situations, but the above are considered the main ones. Before going to court to establish paternity, you should collect all the evidence that can play an important role in the decision. It is also recommended to seek the help of an experienced lawyer who will legally solve all the problems that have arisen. In this case, the main thing is the psychological attitude. If the relationship between the mother and father of the child is not very good, it is important to keep a human face under all circumstances. Only in this case, peaceful relations are maintained, and all issues are resolved quickly.

According to Rosstat, in Russia about 25% of children are born out of wedlock every year. If the parents in such a situation do not go through the official procedure legalization of the child, in the future, one way or another, he will not be able to avoid infringement of constitutional, civil and property rights, including:

• the right to the surname and patronymic of the father (Article 58 of the RF IC);
• the right to know one's parents, to live and be brought up in a complete family, to receive the care and attention of a father and mother (Article 54 of the RF IC);
• to enter into an inheritance and have other state guarantees that official kinship gives.

However, since children born to parents who are not married to each other, according to the Family Code of Russia, are completely equal in rights with children born in an official union (Article 53 of the RF IC), the legislation of the Russian Federation provides for the possibility of restoring family ties between a parent and a child, referred to as paternity.

Establishing paternity is the process of establishing a relationship between a parent and a child, which consists in the voluntary recognition by both parents of the fact of this relationship or forcibly at the initiative of one of the parties in a judicial proceeding (including through a legal representative).

• Voluntary recognition of paternity is implemented in the bodies of the Civil Registry - ZAGS (in exceptional cases - in court).
• Forced establishment of paternity under the jurisdiction of the district (city) courts.

The initiators of the confirmation of the relationship between the father and the offspring may be:

• the biological father(voluntarily with the consent of the mother of the child or in a lawsuit if paternity is not recognized by the mother);
• child's mother(often with the aim of obtaining material support from the biological father through the collection of alimony);
• other authorized legal representative of the child(guardian or custodian, foster parent, organization for orphans);
• the child himself after reaching the age of majority (or acquiring full legal capacity before the age of 18) in relation to himself and the intended parent.

You need to know that in order to ensure to the maximum extent possible all the existing civil, family and property rights of children arising from kinship, the procedure for establishing paternity can be initiated even after the death of a biological parent:

• by establishing in court the fact of recognition of paternity during the life of the parent in accordance with Art. 50 of the RF IC, when the dispute as such is completely absent;
• in the course of action proceedings, if the fact of paternity is required to be proved on the basis of available evidence in the absence of recognition of this fact by the deceased parent.

Establishing paternity in the registry office

The possibility of legitimizing the baby on a voluntary basis is provided for in paragraph 3 of Art. 48 of the RF IC and is implemented by the child's parents in the registry office in two ways:

• by submitting a joint application of both parents;
• by filing a unilateral application from the biological father.

Joint Declaration of Paternity Out of Wedlock

Conditions for filing a joint application parents in the registry office to establish paternity:

• the parties are not married;
• the biological father voluntarily (without coercion) confirms the fact of kinship with the child, which is confirmed by the consent of the mother;
• both parents are capable;
• if the issue is resolved in relation to a child who has reached the age of majority, then he expresses his consent to the establishment of paternity.

To the vital registry office, the father and mother must apply on the reception day together, and if paternity is established for an 18-year-old, it will also be necessary to his personal presence.

Also, for good reasons, it is possible to apply to the registry office with a joint application in order to acknowledging paternity before the birth of a child(for example, if the father is on a long business trip, a planned operation, etc.) upon presentation of a mother's pregnancy certificate.

Required documents and information from parents in the registry office:

1. Passports of the parties (father, mother, adult "child" in a separate case).
2. Certificate of birth of a child (from the maternity hospital), if paternity is established after the birth of the baby.
3. Certificate of pregnancy of the mother from the medical institution in which she is registered, as well as confirmation of the reason for the subsequent absence of the father, if the procedure for establishing paternity precedes childbirth.
4. Receipt of payment of the state fee (details for payment are pre-issued by an employee of the registry office, the receipt is paid at the nearest bank branch on the day the document is issued).

The amount of the state duty (state duty) for establishing paternity in the registry office is 350 rubles.

Unified application form No. 12 on the voluntary recognition of the child is provided to the parents by the employees of the registry office on the day of the application. The form is filled in by the father and mother with his own hand, if necessary, in all district offices there are "desktop" samples for filling it out correctly.

A sample of filling out an application form No. 12 on establishing paternity can be viewed below.

Application to the registry office from the father unilaterally

The reason for the sole appeal of the father to the registry office to establish paternity is a set of the following circumstances:

• the absence of a registered marriage union between the parents of the child;
• circumstances that do not allow the mother to express her consent or disagreement regarding the recognition of paternity in relation to her child:
  • incapacity of a woman, established by the court;
  • deprivation of her parental rights;
  • finding the mother of the child wanted;
  • mother's death.

Step-by-step instruction when applying to the registry office of the biological father to submit a unilateral application for recognition of paternity:

Prior application to guardianship department at the place of birth (location) of the child with the issue of obtaining the consent of the authorized body for the procedure for establishing paternity in the registry office due to the absence of the mother.

If the guardianship and guardianship authority does not give its consent to the establishment of paternity by the applicant, the biological father reserves the right to resolve this issue in court (clause 3, article 48 of the RF IC).

Contacting the registry office with a statement at the place of birth of the child and a list of documents:

• father's passport;
• written consent (conclusion) of the body of guardianship and guardianship;
• document confirming the absence (status) of the mother:
  • death certificate;
  • court decision on incapacity or deprivation of parental rights;
  • recognition of the mother as missing;
• the birth certificate of the child or a birth certificate obtained from the registry office.

Establishing paternity through court

Unlike the voluntary procedure for establishing paternity through the registry office, judicial resolution of this issue becomes possible just after the baby is born. At the same time, cases to identify and legitimize the fact of kinship between a parent and a child do not have a statute of limitations(i.e., the right to apply to the court can be used throughout the life of the child, including at the initiative of any interested party after the death of the biological parent, in respect of which the fact of recognition of paternity during life can be established).

The need to file a lawsuit in order to establish the relationship between the father and the child may arise:

• at the father:
  • if he wants to legitimize the child, but the mother does not give consent to this;
  • if, if he wishes to recognize paternity unilaterally through the registry office, the guardianship and guardianship authority does not give its consent to the establishment of kinship;
• at mother:
  • if she asks the father to recognize the child in the registry office, but he is against this procedure or does not show up for it;
  • in the event of the death of the biological father or his recognition by a court decision as missing;

• father and mother at the same time if another person is recorded as the father of the child in the birth certificate, in fact he is not (for example, in the case of a married woman giving birth to a child from her lover).

  In this case, it is first necessary to challenge the paternity of the husband, and only then to establish the real parent. Disputing paternity(in other words, a record of the child's father) is made only in court.

Step-by-step instructions for establishing paternity in court

Resolution of the dispute on conferring kinship rights on the father of the child jurisdiction of the district (city) courts therefore, the claim is filed according to the rules of civil proceedings (Article 131, Code of Civil Procedure of the Russian Federation).

In order for the application to be accepted for consideration and not returned to the applicant to eliminate violations, it is necessary to take into account all the necessary aspects of its preparation and provide supporting evidence:

Which court to apply to?

• If the complainant is the mother of the child, you can choose the district court according to the rule of alternative jurisdiction: at the place of your residence with the baby or at the place of residence of the defendant-father.
• If the plaintiff is the biological "dad", the claim is filed with the district court at the place of residence of the mother and child (for the convenience of the mother).

1. Who is participating in the meeting?

   • Apart from plaintiff and defendant in the statement of claim indicate third parties, necessarily present at such processes: the guardianship and guardianship department and the registry office.

2. What to write about in the application?

   • Indication of the birth of a child outside of marital relations, call him full name. and date of birth.
   • Explain the lack of desire (or impossibility) of the second parent to confirm paternity voluntarily.
   • Talk about existing close relationships between the actual parents of the child before the pregnancy (cohabitation, meetings, travel, etc.).

   • Photo and video materials, where a man and a woman are depicted together, can be used as evidence. You can also call witnesses who are able to confirm that the couple had a love relationship.

What is required from the court?

• Establish paternity of the child.
• To oblige the registry office to amend the child's birth certificate - indicate the data of the biological parent in the "father" column.
• Indicate the clause of the tax code on the exemption of the plaintiff from the payment of state duty (clause 15 of article 333.36 of the Tax Code of the Russian Federation).
• Request the call of witnesses (if any will be present at the trial).
• If a claim is filed by the baby's mother, add a claim recover child support from the defendant's father for the maintenance of a son or daughter.

• Ask the judge for a genetic expertise(at the same time, the costs of its implementation will be borne by the plaintiff, but if the court decision is positive, they can later be recovered from the defendant who did not acknowledge paternity voluntarily).

  In modern litigation DNA examination required. It is prescribed in clinics licensed to conduct research on human DNA materials. The cost of its passage in the direction (determination) of the court is from 18000 rub.

What documents to attach?

• A copy of the claimant's passport.
• A copy of the defendant's passport (if available).
• A copy of the child's birth certificate (even if he has already reached the age of 14 and received a passport of a citizen of the Russian Federation).
• Copies of related documents, as appropriate:
  • if the father is recorded in the certificate from the words of the mother;
  • refusal of consent to establish paternity from the body of guardianship and guardianship.
• Evidence given to support the existence of a close relationship between the parties:
  • printout of SMS / Internet correspondence between parents;
  • photo and video materials;
  • written testimony of witnesses (if any).
• Documents characterizing the plaintiff, if he wants to recognize himself as the father of the child:
  • reference and characteristics from the place of work;
  • salary certificate.

The following is sample statement of claim for establishment of paternity sued at the initiative of the father.

Sample application for establishing paternity and recovery of alimony

The parent of the child, confirmed by documents, is endowed not only with rights in relation to him, but, above all, with obligations of a moral and material nature - participation in his upbringing, education, development and material maintenance. In most cases, paternity cases are initiated by the plaintiffs are the mothers of the children- precisely to bring the biological parent to material liability in the form of the obligation to pay alimony for the child until he reaches 18 years of age.

In this case, a statement of claim on the establishment of a family relationship between the father and the child must contain a clause on the recovery of alimony, which can be appointed by the court based on the financial situation of the parent:

• in shares of income (Art. 81 RF IC):
  • for one child - 1/4 of earnings and other income;
  • for two children - 1/3 of the parent's salary;
  • for three or more - 1/2;
• in a fixed amount of money (Article 83 of the RF IC);
• at the same time shares and a fixed amount of money.

A sample statement of claim for the establishment of paternity and the recovery of alimony is given below.

The decision of the court on the considered claim is subject to immediate execution, however, it is impossible to collect alimony from the defendant for the past period - maintenance obligations occur exclusively from the date of legal establishment of paternity.

What if the defendant does not appear in court?

As a rule, most lawsuits to establish kinship with a child are filed by women when the biological father does not agree and in every possible way avoids the possibility of holding him accountable for the upbringing and maintenance of his child. When the lawsuit is already in court, the only and easiest way to "buy time" for a negligent parent is:

• deliberate non-receipt of postal judicial correspondence (summons and telegrams);
• turning off the mobile phone so that it is impossible to notify the time and place of the meeting by telephone message;
• failure to appear at a court session or at a court-appointed genetic examination ( paternity DNA test).

However, the listed ways of evading the father from appearing in court are provided for by the Family and Civil Codes, therefore plaintiff's guide could be as follows (depending on the situation):

1. Non-receipt of court summonses and telegrams (improper notification):

   1. To petition the court to request an address certificate in the passport office, confirming the defendant's registration.
   2. When confirming the correctness of the address for sending court notices, the fact of a person’s intentional evasion from receiving postal items is revealed.
   3. The judge can hold the third meeting without the presence of the "evader" and issue a decision in absentia or a ruling on the appointment of a genetic examination without the consent of the intended parent.

2. Repeated motion to postpone court hearings:

   • If the defendant repeatedly asks the court to postpone the proceedings, it is necessary to indicate to the judge the reasonableness of the duration of the proceedings and the acceleration of the consideration of the case (clause 6, article 6.1 of the Code of Civil Procedure of the Russian Federation), in order to prevent infringement of the rights and interests of a minor child, for whose protection this claim was initiated.

3. Non-appearance of the defendant for the appointed genetic examination:

   1. Forensic genetic examination (DNA paternity test) is appointed by the ruling of the court in which the case is being considered.
   2. The parties with the child at the appointed time must come to the location of the medical laboratory indicated in the ruling of the court to donate genetic material (saliva sampling).

   3. If the father does not appear at the scheduled time for the DNA test, after half an hour waiting for the clinic expert an act of non-appearance of the defendant is drawn up, which is subsequently regarded by the court as a refusal to undergo the procedure and interpreted in favor of the plaintiff.

      The cost of the act of non-attendance for a DNA examination is 3,000 rubles, and the plaintiff does not pay the full cost of DNA analysis in the absence of the defendant (usually, in the direction of the court, it ranges from 18,000 rubles).

Acknowledgment of paternity after the death of the father

Recognition of the fact of paternity after the death of the biological parent is carried out exclusively to protect inheritance and material rights a child or an adult, that is, for the purpose of:

• assigning a survivor's pension to a child;
• receiving compensation for material harm (for example, from the violent death of a father, death at the workplace as a result of an accident, etc.);
• the emergence of inheritance rights in relation to the property of the deceased parent.

Litigation in this case will directly depend on whether the father recognized the relationship with the child during his lifetime, or rejected it:

Special (simplified) legal proceedings- according to Art. 50 of the RF IC, is carried out when the plaintiff needs establish a legal fact(namely, the relationship between the child and the deceased) indicating the mandatory purpose of its establishment- receipt of pension, inheritance, compensation for harm. In the simplified procedure, applications are considered if:

• the father "verbally" recognized the child, participated in his upbringing;
• lived with him on the same territory and there is evidence of this;
• the fact of kinship can be confirmed by the relatives of the deceased.

When considering such cases, there is no dispute as such at all. An indication of the purpose of filing a claim and proof that the deceased recognized the child during his lifetime are prerequisites for summary proceedings.

1. Claim proceedings it is provided if the deceased during his lifetime denied kinship with his son / daughter or did not know about their existence or the occurrence of pregnancy from him in the mother of the child.

   • In these processes, it is necessary to prove kinship by involving the relatives of the deceased and requesting a genetic examination with their biological material.
   • If the relatives of the deceased person refuse to conduct a DNA analysis, this refusal, together with other evidence, is regarded in favor of the plaintiff (clause 3, article 79 of the Code of Civil Procedure of the Russian Federation).

How to establish paternity and collect alimony if the father of the child denies his involvement? To do this, you need to sue paternity claim.

There are often times in life when you need to do this. It all depends on the specific circumstances and goals. However, in most cases, in order to receive alimony, paternity must be established through the courts.

To apply, you must prepare the documents for the claim and attach a request for a DNA examination. How to do it right, read the article.

In this article:

Ways to establish paternity

Establishing paternity and collecting alimony entails the emergence of personal non-property and property legal relations between parents and children.

Moreover, children born out of wedlock have the same rights and obligations in relation to their parents and their relatives as children born to persons who are married to each other.

If the child was born in marriage or less than 9 months after its dissolution, then paternity is automatically presumed. However, this does not mean at all that this fact cannot subsequently be challenged in court.

When a child is born out of wedlock, the parents can, by mutual agreement, formalize the fact of paternity at the registry office. If there is a dispute between people about the origin of the child, then the fact of paternity is certified by a court decision.

Judicially

The issues of how to establish paternity in court are explained in the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 16, 2017 N 16 (as amended on December 26, 2017) “On the application of legislation by the courts when considering cases related to the establishment of the origin of children”

An application to the court to recognize a man as the father of a child can be filed:

• one of the parents (a minor mother of a child can independently file a claim to establish paternity and collect alimony from the age of 14);
• guardian (curator) of the child;
• the person who is dependent on the child;
• by the child who has reached the age of majority.

When confirming paternity for children born after the entry into force of the Family Code, that is, from March 1, 1996, the court takes into account any evidence (written, oral, etc.) that reliably confirms the origin of the child from a particular person, including including expertise.

Currently, there are such types of examination that allow establishing paternity with a high degree of accuracy.

These include, for example, genetic fingerprinting (by DNA, which contains a gene code that is individual for each person. The DNA of a child always combines the features of the DNA of the father and mother), by amniotic fluid (water during pregnancy).

Genetic fingerprinting as an examination based on genetic traits was carried out in 1988. According to experts, more than 10,000 people apply each year to conduct such examinations due to the fact that, according to statistics, 14% of checking fathers are not biological.

Alimony is the most common reason why people apply for such an examination, but not the only one.

For example, cases of substitution of children in the maternity hospital, when it turns out that none of the spouses indicated on the birth certificate are biological parents.

The expert opinion on the issue of the origin of the child is one of the evidence that must be assessed by the court in conjunction with other information available in the case, since no data has a predetermined force.

The failure of the father to appear for an examination, when it is impossible to conduct it without him, or the failure to present the necessary research items, in themselves are not an unconditional basis for the court to recognize as established or refuted the fact for which it was appointed.

This issue is resolved by the court in each specific case.

The position of the court depends on a number of conditions.:

• for what reasons the father did not appear for examination;
• why the necessary research subjects are not presented;
• what is the significance of the expert opinion for the court, based on the evidence in the case in their totality.

If the child was born before March 1, 1996, the court must be guided by paragraph 2 of Art. 48 of the Code of Marriage and Family of the RSFSR.

Only the following circumstances are taken into account:

• cohabitation and maintenance of a common household by the mother and the defendant before the birth of the child;
• joint upbringing or maintenance of a child by them;
• recognition by the defendant of paternity, authentically confirmed by evidence.

It suffices to prove at least one of these circumstances. These circumstances can be confirmed not only by written, but also by witnesses.

Claims to establish paternity, regardless of the age of the child, are not subject to the statute of limitations.

In accordance with paragraph 5 of Art. 45 of the Family Code of the Russian Federation, it is allowed to confirm paternity in relation to a child who has reached 18 years of age only with his consent, and if he is recognized as incapacitated, his guardian or guardianship authority has the right to do this.

Such consent is necessary in order to avoid bad faith on the part of a person who wants to establish paternity and subsequently collect alimony.

If during the life of the father neither voluntarily nor forcibly paternity was established, and the parents were not married, the court, in accordance with Art. 50 of the Family Code has the right to certify the fact of recognition of paternity during his lifetime.

Such a fact is established according to the rules of special proceedings both with the help of written and other evidence.

Along with the claim to establish paternity, as a rule, demands are made for the recovery of alimony.

In these cases, alimony is awarded from the day the application is submitted to the court, and not from the moment the child is born (clause 2, article 107 of the RF IC). The possibility of recovering money for the past time is excluded, since before the satisfaction of the claim for confirmation of paternity, the defendant was not recognized as the father of the child.

If paternity is not established either voluntarily or involuntarily, then the information about the father of the child in the civil registry book is entered at the direction of the mother.

The surname of the father of the child is recorded according to the surname of the mother, and the name and patronymic - at her request. This entry subsequently does not interfere with confirming paternity, both voluntarily and involuntarily.

The legislation allows, at the discretion of the mother, not to indicate anyone as the father of the child, then a dash is put in the birth certificate in the column “father”.

How to File a Paternity Claim

During the consideration of the case, the court may order a genetic examination. Its results will be reliable evidence of paternity.

The court decision that has entered into force will be the basis for the parental rights and obligations of the father. In particular, from this moment on, the person has obligations to pay alimony. In addition, the newly-made father of the child may insist on giving him his last name.

An example of a statement of claim for the establishment of paternity and the recovery of alimony

Khoroshevsky District Court of Moscow

123154, Moscow, st. Marshal Tukhachevsky, 25, building 1

Claimant: Ivanova Natalia Petrovna

Moscow, st. Sviridova 12 sq. 9

Respondent: Sergeev Mikhail Vasilievich

Moscow, st. Tsiolkovsky 65 sq. 76

State duty: 300 rubles

Statement of claim

on establishing paternity and recovery of alimony

I was in actual marital relations with the defendant Sergeev Mikhail Vasilyevich from July 20, 2015 to September 27, 2016. During this period, I gave birth to a child, Vladimir Mikhailovich Ivanov, born on July 15, 2016.

The defendant is his father, but refused to submit an application for registration of paternity to the registry office and does not provide me with financial assistance in the maintenance of the child.

Paternity of the child is confirmed by the following evidence according to the appendix to the statement of claim: joint photographs, a bank statement confirming the money transfers of the defendant to the plaintiff.

As well as the fact of cohabitation and common household management can be confirmed by the neighbors: Petrova Galina Vasilievna, Moscow, st. Sviridova 12 sq. 99 and Ryazantseva Tatyana Viktorovna, Moscow, st. Sviridova 12 sq. 95.

In accordance with Art. 49 of the RF IC, in the event of a child being born to parents who are not married to each other, and in the absence of a joint statement from the parents or a statement from the father of the child (clause 4 of article 48 of the IC of the Russian Federation), the origin of the child from a particular person (paternity) is established in the court order at the request of one of the parents, guardian (custodian) or at the request of the person who is dependent on the child, as well as at the claim of the child himself upon reaching the age of majority.

At the same time, the court takes into account any evidence that reliably confirms the origin of the child from a particular person.

According to part 2 of Art. 80 of the RF IC, if the parents do not provide assistance to the child, funds for the maintenance of minor children (alimony) are collected from the parents in court.

In accordance with Part 1 of Art. 81 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of:

• for one child - 1/4;
• for two children - 1/3;
• for three or more children - half of the earnings and (or) other income of the parents.

The defendant's monthly income is 25,000 rubles.

Based on the foregoing and guided by Art. 49, part 2 of Art. 80, h.1 Article.81 RF IC, guided by Article. Art. 131, 132, 267 Code of Civil Procedure of the Russian Federation, please:

1) Establish that the defendant Sergeev Mikhail Vasilyevich is the father of the child Ivanov Vladimir Mikhailovich born on July 15, 2016.

2) To recover from the defendant Sergeev Mikhail Vasilievich alimony for the maintenance of his son Ivanov Vladimir Mikhailovich born on July 15, 2016 in the amount of one quarter of earnings and other income from the moment of applying to the court until the age of majority.

In order to fully, comprehensively and objectively consider the application for establishing paternity, I ask you to appoint a forensic molecular genetic examination in the case. I am attaching the request.

Applications:

1) A copy of the statement of claim and the documents attached to it to the defendant.

2) A copy of the child's birth certificate.

3) Evidence confirming the joint residence and maintenance of a common household by the mother of the child and the defendant before the birth of the child or the joint upbringing or maintenance of the child by him:

- certificates of housing authorities, self-government councils, local administrations on cohabitation and management of a common household, joint upbringing and maintenance of a child;

- correspondence of the parties;

- Money transfers;

- documents confirming the receipt of parcels;

- letters, postcards;

- Written petitions of the defendant at the place of work for providing members of his family with living space, vouchers for placing the plaintiff's children in children's institutions.

- extracts from the autobiography and personal file of the defendant.

6) A document confirming the payment of the state fee.

8) Other documents confirming the circumstances on which the plaintiff bases his claims.

A statement of claim to establish paternity is a paper filed in a court of general jurisdiction in order to legally establish the father of a child. In this article, we will tell you in which cases it is possible to establish the father of a child in court, as well as how to properly prepare and file a claim for recognition of paternity, a sample of which you will find below.

Each person has a biological mother and father, to whom he owes his birth. But for the emergence of mutual rights and obligations of parents and children, an official document is required - a birth certificate or a court decision. The fact of motherhood is established automatically, on the basis of medical documents issued in the maternity hospital. When the parents of the baby are in a registered marriage, there are no difficulties in identifying the father either - it is enough to have a marriage certificate. But in other cases, problems may arise.

Example 1

Masha and Petya met in the first year of the institute and fell in love at first sight. A few months later Masha became pregnant. Petya proposed to her, and during the holidays he was going to introduce the bride to his parents living in another city and inform them about the future wedding. But he did not have time - he crashed in a car. After the funeral, the girl tried to talk to his parents, but they indignantly rejected the "imposter". After the birth of the baby, Masha was evicted from the hostel, they had nothing to live on, so the young mother writes a statement to the court to recognize the deceased Petya as the father of her daughter, sitting on the Internet at night to find a sample paternity suit.

Example 2

Eleonora Venediktovna's career was successful, she was financially well off, and there was neither time nor desire for her personal life. But after 35, she suddenly wanted a baby ... Therefore, having met Stanislav, a sporty brunette at the resort, Eleanor decided to give birth from him. The baby was born weak, treatment and care required a lot of money. The company where Eleanor worked went bankrupt, there was not enough money. It was not difficult to find Stanislav through social networks. True, he hardly remembered his holiday romance three years ago. But this does not stop business women. With a decisive step, Eleonora Venediktovna goes to court with a lawsuit to establish kinship and collect alimony from her unlucky lover.

When will the court help?

In court, the origin of a child from a particular man is established in the following cases:

• when the parents are not married and the man refuses to submit an application to the registry office to recognize himself as the father;
• when the parents are not married and the man cannot recognize anything due to his death or incapacity;
• in the absence of consent to establish paternity (at the written request of the father of the child) of the guardianship and guardianship authorities in cases where the mother of the child is recognized as incapacitated, it is impossible to determine her whereabouts, or in the event of her death.

As a rule, finding a father is aimed at obtaining a financial allowance for raising a child (c) or protecting inheritance rights. You can file a claim to establish paternity in court:

• one of the parents;
• the person who is dependent on the child;
• the person himself upon reaching the age of 18.

Where to go and how much does a paternity suit cost

Write a statement of paternity by hand or type on a computer. Attach to it a copy, receipts for payment of the state duty, as well as copies of the evidence with which you substantiate your claims (documents, letters, photographs, etc.). If you are looking for a statement of claim to establish paternity (sample 2018), then download it at the end of the article (presented in an editable file format).

You can also download a sample application to the court to establish paternity on the court’s website, but it’s easier to do it with us (recall, at the end of the article you will find a download link).

File the application in person or send it by registered mail to the district court at the place of residence of the defendant, or at your place of residence.

• will be 300 rubles.
• For drawing up a claim, a lawyer will take from 2000 to 5000 rubles.
• The participation of a lawyer in a court session costs at least 5,000 rubles.

If you intend to apply to the court for an examination, you will have to pay the cost of the examination. Conducting the most common genetic examination in such cases costs 20-25 thousand rubles.

What to look out for when filing a parentage claim

Sometimes it happens that a person lives with a woman, recognizes the born baby as his own, takes care of him, but does not have time or does not consider it necessary to formalize it, as he suddenly dies. In this case, the court will establish the fact of recognizing the deceased as the father in a special procedure. If you need to establish paternity after the death of your father, you do not need to file a statement of claim. In this situation, there is no dispute about the right, therefore, it is necessary to file an application to establish the fact of recognizing paternity as deceased. Otherwise, its content will be similar to the statement of claim.

Establishing paternity in relation to a person who has reached the age of eighteen is possible only with the consent of this person. The sample application for establishing paternity in this case will be no different.

Under the law, parents have not only duties but also rights in relation to their children. Having established in court the origin of your child from a particular man, be prepared for the fact that the newly-born father may not agree to the departure of a minor abroad, or, having grown old, file for the recovery of alimony from his adult offspring.

conclusions

In accordance with family law, every child has the right to know his parents and receive help and support from them. Therefore, if a recent ardent lover after the birth of your baby is in no hurry to take care of him, the court will help protect the interests of the child. Just before you file an appropriate claim, think carefully about whether having such a parent will benefit your child.