Disputing paternity at the request of an adult child. Petition for disputing paternity. Tasks of the authorized body

As you know, information about the mother of the child is entered into the birth record on the basis of a certificate from the maternity hospital confirming the birth of the child from this particular woman.

Information about the father of the child, if if he is not married with the mother of the child, are recorded on the basis of the voluntary establishment by the man of his paternity in relation to this child. As a result, the registry office issues two certificates: on the establishment of paternity and on the birth of a child. If a man does not acknowledge his paternity voluntarily, perhaps according to the rules of Article 49 of the Family Code of the Russian Federation.

The situation is different when, at the time of the birth of the child, a man and a woman are in a registered marriage, as well as at the birth of a child during three hundred days from the date of divorce between them. In these cases, information about the father of the child is entered in the birth record. automatically on the basis of a marriage certificate. This is the essence of the presumption of paternity. Therefore, no additional procedures for establishing paternity are required in this case.

As you can see, if in the first case, to enter information about the father of the child into the birth certificate, a personal statement of the alleged father of the child or a court decision is required, then in the second case, the man cannot influence the entry / non-inclusion of information about him into the birth certificate of the child as about the father of the child, since information about his paternity is entered into the documents on the fact that at the time of the birth of the child there was a registered marriage relationship between him and the mother of the child, and for this the consent of the man is not required.

Moreover, the registry office will indicate him as the father of the child even if he objects against this, because the challenge of paternity is possible only in court.

A man who voluntarily acknowledged his paternity also has the right to challenge it if at that time he was mistaken about his paternity, but since the recognition of paternity is an irrevocable declaration of will, after the corresponding entry is made, he can also challenge this fact only in court.

So, the topic of this article is paternity dispute.

We will tell you in detail about the procedure for contesting paternity, how to properly prepare and file a claim with the court, what evidence must be presented in court, in what cases the court may refuse a claim to challenge paternity, what happens to maintenance obligations after the court cancels the record of paternity and whether it is possible to return already paid alimony.

Grounds for contesting paternity

In life, it happens that a man recorded as the father of a child is not in fact his biological father. Such circumstances can become clear at any time after the birth of the child.
In judicial practice, cases of contesting paternity are most often encountered for the following reasons:

• A man registered as the father of a child on the basis of registered marital relations with the mother of the child, having found out that he is not the biological father of the child, goes to court to challenge his paternity in relation to the child born by his wife (ex-wife).
• The man, who is actually the biological father of the child, goes to court to challenge the paternity of the man, recorded as such by virtue of the presumption of paternity.
• The mother of the child disputes the paternity of her husband (ex-husband), who is not actually the biological father of the child she has born, in order to terminate the legal relationship between the man and the child. It is also possible to challenge the paternity of a man if he is recorded as the father of the child on the basis of, but the claim can only be satisfied if at the time of making the record about him as the father of the child, he was sure of his biological paternity.

Procedure for contesting paternity

Recall that you can challenge paternity only in court even with the consent of both parties. Disputes about challenging paternity are considered by the court in the order of action proceedings. The procedure for contesting paternity is regulated by Article 52 of the Family Code of the Russian Federation.

When challenging paternity, you should be aware of the following aspects:

• If a man at the time of the voluntary establishment of paternity knew that he was not in fact the biological father of this child, the claim to challenge paternity will be denied (paragraph 2 of Article 52 of the Family Code of the Russian Federation).
• If a man acknowledged his paternity under the influence of threats, violence, or in a state where he was not able to understand the meaning of his actions and manage them, he can challenge the record of his paternity precisely on the grounds of a violation of the will (paragraph 10 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated October 25, 1996, No. 9 “On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony”).
  The above list of grounds for challenging the record of paternity is not closed, which is why we believe that the recognition of paternity under the influence of deceit can also be regarded as an action committed in the absence of the will of the person.
• If the conception occurred by artificial insemination or by implantation of an embryo, as well as at the birth of a child by a surrogate mother, the law prohibits the spouses, as well as the surrogate mother who agreed to carry out the relevant procedures, to refer to these circumstances when contesting paternity as substantiating their claims.
• In a paternity dispute, the plaintiff may also file a request to change the child's personal data, i.e. giving him the surname and patronymic of the biological father (for example, the biological father requires that the child be given his surname and patronymic by his own name). New data in the registration information about the child is entered by the registry office on the basis of a court decision. In the absence of the actual father, the new surname and patronymic of the child can be recorded by the registry office from the words of the mother.
• If at the time of the consideration of the case on disputing paternity, the child in respect of whom paternity is disputed has reached the age of 10, he has the right to express his opinion and must be heard by the court during the trial, taking into account his opinion is mandatory, as provided for in Article 57 of the Family Code of the Russian Federation . The Plenum of the Supreme Court of the Russian Federation pointed out the need for the courts to comply with this rule in its decision No. 9 of October 25, 1996.

Who Can Contest Paternity

The provisions of Article 52 of the Family Code of the Russian Federation, in contrast to the previous Code of Civil Defence of the RSFSR, expand the circle of persons who can challenge the entry of parents in the birth register. Under the previous legislation, these could only be persons recorded as parents, i.e. there was no direct indication of such a right of other persons in the law. Now the plaintiffs can also be persons who are the actual father and mother, but not registered as such in the registry office.

So, the plaintiff in the case of disputing paternity can be:

• Person listed as the father of the child
• The person who is actually the father of the child
• child's mother
• Guardian or custodian of a child
• Guardian or custodian of a parent under the age of 16 or declared legally incompetent by a court
• The child himself after reaching the age of majority

The specified circle of persons is exhaustive. For example, grandparents cannot go to court to challenge paternity of their grandchild, even if the child's parents are minors. They are vested with such a right only if they act as guardians of a child whose minor parents have not reached the age of 16.

How to dispute paternity

The first stage is paternity claim.

Of course, you need to know how to file a paternity dispute.
A claim to the court is drawn up with the obligatory observance of the requirements of Articles 131-132 of the Code of Civil Procedure of the Russian Federation, otherwise there will be grounds for the court to take such procedural actions as leaving the claim without movement, returning the claim or refusing to accept it.

On the this stage it is recommended to use the services of a qualified lawyer who will quickly and competently draw up a statement of claim, correctly form the evidence base and file a claim in court.
Statement of claim must contain: the name of the court to which the claim is filed, information about the parties (full name, addresses, phone numbers), data of the child in respect of which paternity is disputed.

The plaintiff must clearly substantiate his claims: set out in detail the circumstances that were the basis for filing a claim, and provide evidence confirming these circumstances. If the plaintiff in his claim refers to the testimony of witnesses, then the contact details of these persons should be indicated.

It is also necessary to specify list of documents, which the plaintiff applies to the claim.

These are the following documents:

• Receipt for payment of state duty
• Copies of the claim for the defendant and third party
• Copies of certificates of marriage, divorce, birth of a child
• Other available written evidence

All copies of documents that are annexes to the claim must be submitted according to the number of persons participating in the case.

The civil registry office (ZAGS) must be indicated as a third party in the case, since a positive court decision to challenge paternity is the basis for this body to amend the child's birth record (paragraph 1 of Article 69 of the Law of November 15, 1997 No. 143-FZ ).

Evidence in a paternity dispute

The subject of proof in court in a paternity case is the absence of biological relationship between the child and the person indicated as the father of this child.

• One of the main evidence is the result of a genetic study for the presence of such a relationship. If the defendant's side in court does not recognize the requirement to contest paternity, the plaintiff must file a petition for the appointment of a forensic genetic examination to establish kinship with the child.
  Results of genetic fingerprinting(DNA analysis) confirm the relationship between people with certainty up to 99.9%. Such evidence, as a rule, decides the outcome of the case in court.
• It is possible that the defendant refuses to participate in the genetic fingerprinting, for example, the mother refuses to bring the child to an expert institution for analysis, or the legal father of the child refuses to take the appropriate analysis. In this case, the court may, on the basis of paragraph 3 of Article 79 of the Code of Civil Procedure of the Russian Federation, recognize as established the fact that the person is not the father of the child and make a positive decision on the case.
• In addition to the results of a genetic study on the subject of kinship, evidence in the case can also be: witness statements, correspondence of the parties, photographs and video materials and other written evidence. The court evaluates all the evidence presented by the parties in their entirety.
• Sometimes a genetic examination is not necessary, because the plaintiff disputing his paternity can confirm the circumstances he refers to using expert opinion on his inability to conceive a child.
• If the defendant admits the claim, the court makes a positive decision without examining the case materials on the basis of such a confession.
• As mentioned above, when challenging paternity after its voluntary recognition, the plaintiff must first of all prove to the court that at the time of making the record of establishing paternity, he did not know that he was not the father of the child, i.e. he conscientiously erred in believing himself to be the biological father of the child. It will be up to the defendant to prove otherwise.

As an example of the assessment by the court of evidence when challenging paternity by a person who voluntarily acknowledged his paternity in relation to a child, we will cite an excerpt from the decision on civil case issued by the Frunzensky District Court of St. Petersburg in 2015

According to the case file, Smirnov A.A. voluntarily established his paternity in relation to his daughter Matveeva S.V. - Smirnova A.A., born in 2012, about which the registry office made an act record, in which, as the father of Smirnova A.A. specified plaintiff – Smirnov A.The.

From the explanations of the plaintiff, it followed that on October 5, 2014, he learned from the defendant that he was not the real father of Smirnova A.A., before that he considered himself the father of the child, since, according to his calculations, the time of conception of the child coincided with the period of the beginning of their intimate relationship, and he had previously had no reason to doubt his paternity.

According to the genetic study, conducted in the course of the proceedings at the request of the plaintiff, Smirnov A.The. really was not the biological father of Smirnova A.A. The defendant's allegations that at the time of making the act record the plaintiff knew that he was not the real father of the child were confirmed only by the testimony of the defendant's parents and girlfriend.

These witness statements were not accepted by the court as the only reliable ones, since they were not supported by other types of possible evidence (letters from the parties, etc.), and also did not refute the directly opposite testimony of witnesses from the plaintiff.

The court also critically assessed the defendant's explanations that, when entering into an intimate relationship with the plaintiff, the latter told her about the trauma of the genital organ received in childhood, as a result of which he allegedly cannot have children, and allegedly for this reason the plaintiff did not object to his registration father in relation to a child born by her from another man.

The plaintiff refuted these arguments by presenting a medical report based on a clinical study, according to which the pathology that interferes with the reproductive function of Smirnov A.A. no, therefore, he can have children.

As a result, the court came to the conclusion that due to the contradiction of the evidence presented, if it is impossible to reliably establish the circumstances of the plaintiff's awareness of his indication in the act record as the father of not his child at the time of its commission, the court cannot consider it established that at the time of registration of the birth of Smirnova A. BUT. the plaintiff knew that he was not her biological father.

As a result, the claim to challenge paternity was satisfied, information about Smirnov A.V., as the father of Smirnova A.A. were excluded from the last birth record.

Disputing paternity jurisdiction

When filing a claim, it is necessary to comply with the rules of civil procedure legislation on territorial and tribal jurisdiction.

• Family jurisdiction: paternity disputes jurisdiction of the district courts.
• Territorial jurisdiction: these disputes are considered by the courts defendant's place of residence, i.e. according to the rules of common jurisdiction. As you can see, unlike disputes related to the establishment of paternity, when challenging paternity, the rules of the Code of Civil Procedure of the Russian Federation on alternative jurisdiction do not apply.

The statute of limitations for challenging paternity

According to current family law Claims to challenge paternity are not subject to the statute of limitations..

Attention: The exception is when paternity is disputed in respect of a child born before March 1, 1996(date of entry into force of the Family Code of the Russian Federation). In this case, the man can challenge his paternity within one year from the day he found out that he was not the biological father of this child. This is due to the fact that the one-year limitation period was applied to claims to challenge paternity in accordance with the provisions of the former Code of Administrative Offenses of the RSFSR.

Alimony after paternity dispute

Of course, many are wondering if it is possible to return when paternity is disputed.
This topic is very relevant, the payment of alimony for the maintenance of a child in the absence of biological relationship is simply unacceptable for many.

Here it is necessary to understand the difference between the return of alimony and the release from the maintenance obligation in the future.

Cancellation of child support after paternity is disputed

If a man who disputed his paternity of a child is a payer of alimony for the maintenance of this child, then after the entry into force of the court decision about the exclusion of the record about him as the father from the birth record of this child, he can apply to the court with a separate claim to release him from further payment of alimony.

A positive decision to challenge paternity with a mark of entry into force is the basis to satisfy the court's claim for the release of this person from the payment of alimony.

Important: It should be borne in mind that despite the fact that the court satisfied the claim to challenge paternity, the withholding of alimony will stop only after the court decision on exemption from paying alimony comes into force.

Thus, if no action is taken, then the alimony will continue to be accrued and withheld even during the period when the court is considering the case on exemption from the payment of alimony, and this may take several months.
In order to avoid this, it is initially advisable to negotiate with the alimony collector (mother or guardian of the child). Perhaps the creditor will voluntarily return the alimony paid during the period of the claim.

If the exactor refuses to voluntarily return the amount of alimony, the plaintiff, when presenting a demand for release from the alimony obligation, should declare to the court motion to secure a claim, namely, suspend alimony by writ of execution until the dispute is resolved.

Based on the results of consideration of such a petition, the court will issue an appropriate ruling, a copy of which must be submitted to the accounting department at the place of work.

Child support refund after paternity dispute

According to law alimony claims are not allowed. This is expressly provided for in Article 116 of the Family Code of the Russian Federation.

But there is exhaustive list of exceptions when you can claim a refund of child support:

• If the decision to recover alimony is canceled due to the establishment of the fact that the alimony was collected on the basis of false information or false documents submitted by the alimony claimant
• If the agreement on the payment of alimony was recognized by the court as invalid, as concluded under the influence of deceit, threats or violence on the part of the alimony recipient
• If the alimony was paid on the basis of a forged court decision, an agreement on the payment of alimony or a writ of execution, and this is established by a court verdict.

Please note that in the case where we are talking about the alimony for the maintenance of a minor child, then the law assumes non-reverse collection of alimony, and the recovery amounts of alimony paid from the alimony claimant whose guilt in committing the above acts is established by a court decision or verdict, at the suit of the alimony payer who disputed his paternity.

The procedure for challenging paternity in court is quite complicated., takes a significant amount of time, and of course, requires competent approach of a lawyer. In addition, it is necessary to take into account the complexity of considering such disputes from a moral point of view. Considering all the features of the consideration of these disputes, it is advisable entrust the preparation of procedural documents and the conduct of the case to a qualified lawyer.

The Legal Center "PetroYurist" employs procedural lawyers, specializing in family law who, based on their knowledge and experience, will help you to correctly build a legal position, and, if necessary, competently protect your interests in court.

In my practice, there have been many cases of challenging paternity in court at the request of the father. Perhaps someone thinks that such situations only happen in TV shows, this is absolutely not the case.

This spring, a young man approached me with a request to defend his rights to acknowledge paternity. Not so long ago, he broke up with his beloved, later he found out that she was pregnant. During the meeting ex girlfriend stated that the child is really his, but she will not enter him as a father in the maternity hospital. And so she did.

Six months passed, Gleb repeatedly tried to help the newborn, the young mother in every possible way rejected his help. In the end, he was with me, and I decided to help him. First of all, he asked for an examination of paternity, the former refused, she did not come to court hearings. The next meeting was held without her participation. Gleb provided all the documents confirming their relationship at the time of pregnancy. The case ended in victory.

Reasons for challenging paternity or maternity

After the birth of a child, the registry office opens office work. Information about parents is entered into the registration account. Such data is obtained from title documents, which are:

1. Extract from the maternity ward (the fact of motherhood is established).
2. Marriage certificate.
3. Application from each parent or mother of the child.

The law allows changes to be made to the registration account if one or both of the parents are, in fact, non-citizens. Regulatory laws - RF IC (Russian Family Code) and RF Armed Forces Resolution No. 16 dated May 16, 2017.

According to the law, family foundations can only be violated by the baby's guardians or his real parents, if the fact of paternity or motherhood is questioned or title documents certifying kinship are lost. In the latter case, archival copies of papers should also be missing.

The procedure for determining the parents takes place in court. Its organization is carried out on the basis of filing a claim with the attachment of material evidence:

• written documents;
• witness statements;
• photo and video filming, clarifying the fact of kinship of interested persons;
  results of laboratory researches. For example, determining kinship through DNA examination.

Complaint to dispute paternity or motherhood

According to family law, a claim for disputing paternity is drawn up according to the established model.

Sample Application

Its filing takes place in the district court at the place of residence of the interested party who made the application. If the application is filed by an outsider or other relative of the child who is not his actual guardian, the proceedings will not be opened.
The establishment of the fact in question may occur at the request of the child himself, if he has reached the age of majority. In the event of his incapacity, office work is opened on the basis of an application from his guardian or the head of a specialized institution at the place of treatment.

A statement of claim to challenge paternity must comply with the norms of the Civil Procedure Code. According to the standard, the document must contain the following data:

• the name of the court at the place of filing the claim;
• information about the claimant;
• available information about the defendant;
• previously known data of the baby.

The text of the claim itself must contain a legally justified requirement to recognize a close relationship with the child. If legal proceedings arise at the request of the father to recognize him as a parent, the period of cohabitation with the mother of the baby must be indicated. This time is confirmed by witness testimony or other material evidence.

The structure of the claim:

1. A header placed in the upper right corner of a document. Here are the full names of the plaintiff, defendant, their address and contact information.
2. Document text. Significant circumstances of the case are prescribed, and a request to recognize or cancel the fact of kinship. The main part is certified by the plaintiff's signature.
3. Appendix. Here is a list of supporting documentation attached to the claim.

The procedure for challenging paternity (maternity)

Contestation of paternity in court is carried out by the court in the order of special paperwork. To get started, the interested person must follow the following instructions:

Gather related documents and prepare a sample claim.

1. Submit the collected documentation to the district court. Within five working days, if the documentation is in order, legal proceedings are opened.
2. Be present at the court session. As an evidence base, you can use testimonies or the results of a medical examination.
3. Get a court order. The decision of the court shall be issued no later than 2 months from the beginning of the opening of the office and the presentation of the full amount of material evidence.

Within three working days from the moment a competent decision is made, the judicial authorities will send the necessary information to the registry office to make changes to the baby's birth registration record. The procedure for updating the registration database and reissuing a birth certificate requires payment of a state fee.
If the child has reached one year of age, and there was no registration record and certificate, changes are made only on the basis of a court decision.
List of related documentation:

• marriage and divorce certificate (if any);
• birth certificate issued in the maternity ward;
• receipt of payment of state duty;
• the result of a genetic examination, certifying the fact of kinship.

Challenging paternity jurisprudence

In legal proceedings, there are separate cases of establishing or refuting the fact of a close relationship with the baby:

1. If the defendant refuses to appear at the hearing or does not want to undergo a medical examination. The unwillingness to undergo a medical examination is not grounds for the cancellation of legal proceedings. The evidence base already available will influence the final verdict. In the absence of the defendant in court, the meeting is postponed. In the event of a second pass, it is carried out without his participation.
   
2. Establishment or contestation after the death of a parent who was not legally married. Occurs on the basis of a statement by a surviving parent. If the child was born after the beginning of March 1996 - in the order of special paperwork using physical evidence. If born before October 1968, dependent on the deceased parent must be established. For those born in the period from 1968 to 1996, at least the fact of cohabitation of parents must be established.
3. Alimony when paternity is disputed. In the event of the cancellation of the fact of paternity, all obligations for the maintenance of the child are removed from such a citizen. Already paid funds are non-refundable.

If the father knowingly knows that he is not the actual parent of the baby, but agrees to include him in the list of such persons in the registration record, the further procedure for revoking the relationship is impossible. An exception is the proof of the fact of misrepresentation.

Conclusion

Challenging or establishing a fact parental relationship takes place in court. Main conclusions:

1. To start the paperwork, an appropriate claim is drawn up with the accompanying papers attached.
2. Witness testimony and the results of a genetic examination are used as evidence.
3. Upon recognition or cancellation, the registration entry in the child's birth certificate is changed.
4. Such proceedings are subject to taxation.
5. Regulatory regulations - RF IC and RF Armed Forces Regulation No. 16 of 05/16/17.

Most popular question and the answer to it on challenging paternity.

Question: I am a surrogate mother of a child. Can I challenge the fact of motherhood in court in order to take my baby to be raised?

Answer: According to Article 52 of the Family Code, you are not entitled to start from the fact of surrogate motherhood in court. When concluding an agreement on the implantation of an alien embryo, a clause on the waiver of the rights to the born baby is signed.

Therefore, legal proceedings can only arise on the basis of genetic examination data and if the pregnancy resulted from fraud or other unlawful acts.

Source: http://family-advisor.ru

Challenging paternity in the process of recovering alimony

As the analysis of the relationship of modern married couples after the marriage is dissolved shows, the father, who makes deductions for the maintenance of the child, appointed by the court or stipulated by the alimony agreement, has doubts about biological paternity. In this case, as a rule, the need to support the child is called into question.

Such an issue is resolved in court, by filing a lawsuit to challenge paternity. In addition, in this case, demands are made to cancel the alimony and return the previously paid amounts.

Information about parents

Article 51 of the IC of the Russian Federation establishes that the evidence confirming the origin of the child is a record of paternity, which is performed by the registry office.

As practice shows, an entry about the father can be made in the birth book in the following cases:

1. When a child is born to parents whose marriage is legally registered. In this case, the mother's husband will be recognized as the father, unless other facts regarding paternity have been established by the court.
2. When a child is born within 300 days of the parent's termination of their union (or their marriage declared null and void by the court), the father will be ex-husband mother (unless otherwise determined by the court). This is called the presumption of paternity.
3. According to the application that the father and mother of the child filed jointly, but were not in a registered union.
4. If by the time the child is born, his parents have not registered their union and have not filed an application together with a request to register the birth of the child, in the birth documents in the record book, the father's surname will be recorded based on the surname of his mother, the name and patronymic are indicated mother at will.

Challenging paternity in court

In accordance with the requirements of Article 47 of the Civil Code of the Russian Federation, it is possible to cancel any entry from the act of civil status, including the entry about the father and mother of the child, as well as make any changes to it, only based on the relevant court decision.

An essential circumstance in cases of this category are the requirements of Article 52 of the RF IC, which gives the interested person the right to challenge the record of paternity in court, without being limited by any statute of limitations.

This issue will be considered by the court in the proceedings. In such a process, the following requirements may be considered:

• to exclude an act record of paternity, which is made in the registration book of the relevant records (Article 51 of the RF IC);
• registration of new information regarding the father of the child (performed if paternity is established). Such requirements are put forward, as a rule, if between the interested parties (they in this case will be the mother of the child, his actual father and the person who was recorded as the father) there is no disagreement on this point.
  

Considering the case concerning challenging the record confirming the fact of paternity, the court takes into account the requirements of Article 57 of the RF IC, which provides for the opportunity for the child to express his opinion on this matter.

A special procedure in which this category of cases is considered is provided for in the case when the record was made at the request of the father and mother filed jointly for a child who was born out of wedlock (Article 51 of the RF IC). In accordance with the requirements of Article 52 of the RF IC, if a man, when submitting such an application, knew that he was not the biological father, then he does not have the opportunity to challenge his paternity, even in court.
It should be borne in mind that such a requirement of the law does not exclude the possibility of challenging the paternity record by the father if his will was violated. For example, the submission of an application for recognition of paternity was made under duress or the threat of violence, as well as in a situation where the man could not adequately manage his actions and understand their consequences.

In the course of a court hearing in a paternity dispute, based on its circumstances, the judge may, taking into account the opinions of the parties and all the circumstances of the case, appoint an examination to confirm the parentage of the child.

However, based on the requirements of the procedural law (Article 86), such an expert opinion will be only one of the evidence among others and should be evaluated by the court only in conjunction with the evidence that is available in the case file, since no evidence should be available to the court in advance established force.

Refunds in the event of a paternity dispute

In judicial practice, a claim to challenge paternity often also protects the property interests of the father, due to the fact that the exclusion of a record that confirms paternity after the marriage is dissolved directly affects the father’s obligations to support the child and pay him financial assistance.

In accordance with the requirements of family law, all the rights and obligations of parents to their children, including the obligation to maintain them, are based on the origin of the children, which must be certified in accordance with the requirements of the law (Article 47). Responsibilities for the maintenance of children by their parents are directly provided for by the provisions of Article 80 of the RF IC.

Thus, if the paternity record made by the registry office to the birth registration book is canceled based on a court decision, this will remove from the man who disputed his paternity the obligation to provide maintenance to the child and make deductions in his favor in the form of alimony.
In addition, disputing paternity, a man in his lawsuit may also demand:

• to cancel the alimony appointed by the court;
• return the funds credited as maintenance of the child for past periods.

If the plaintiff proves in a lawsuit by genetic testing or other means that he is not the father of the child, alimony payments should be suspended, but only from the moment when the court makes an appropriate decision.

Where a man contesting his paternity, before the record was annulled, deliberately failed to make payments for child support, thereby creating a debt, the court has the right to determine the punishment for such violation for the period when the plaintiff was legally considered the father of the child .

It is not possible to return funds that were paid in previous periods, due to the restrictions of Article 116 of the RF IC.

However, if during the court hearing the plaintiff proves that the mother of the child, who received funds for his maintenance in accordance with the court decision that established the need for these maintenance payments, knew that the plaintiff was not the biological parent of the child and deliberately misled the court , a refund is possible. In such a case, a statute of limitations of three years shall apply.
It should be borne in mind that a claim demanding compensation for unlawfully received benefits should be directed against the mother of the child, who acted as the plaintiff in the case for the recovery of alimony from him, which was disobeyed earlier than the case on contesting paternity.

The court decision on the basis of which alimony was awarded in favor of the mother is automatically canceled after the claim demanding compensation for the unlawful benefit is satisfied.

It should be understood that the lawsuits of this category are complex and include many components, because if the falsification is proven and the decision to return the funds that were paid for the maintenance of the child is positive, this will serve as the basis for initiating criminal proceedings against the mother, who intentionally introduced into delusion of the judiciary. The court itself can initiate the initiation of such a case.

Source: https://alimentyinfo.ru

Civil marriage, which does not require official registration, is becoming more common. Therefore, more and more often, the birth of a child in such families accompanies the establishment of paternity and the issues of formalizing the relationship of the father with his child.

There are also cases when, during a legal marriage, a woman has a child not from her husband. This raises not only the question of establishing paternity, but also registering the baby not as the husband of his mother, but as the biological father.

According to the law, the spouse of the mother of the baby is recognized as the father of a child who was born in wedlock. The same applies to the father if the child was born within 300 days after the dissolution of the marriage, the annulment or the death of the spouse. To prove a different fact, a procedure for contesting paternity is carried out.

Paternity options

There are two ways of establishing paternity - voluntary and establishing paternity in court.

Voluntary option provides for the establishment of paternity if the mother is in an unregistered marriage. The procedure is carried out by the registry office on the basis of a general application of the parents.
Also, if the mother of the child does not consider her husband (ex-husband) the father of the child, she can register him together with the biological father by submitting a joint application to the registry office.

Establishing paternity in court may be carried out in the form of action proceedings or in the manner of special proceedings, when the biological father has died and the establishment of paternity is necessary to claim the child's inheritance rights or receive a pension in connection with the loss of the breadwinner.

In the event that the husband of the child's mother (or ex-spouse) is not the father, and this entry has been made, paternity is contested in court.
Plaintiffs in disputing paternity may be the registered or actual father, mother, the child himself (upon reaching 18 years), the guardian / guardian of the child or a parent who is recognized as incapacitated.

If the mother of the child at his birth mistakenly identified the father, this may later lead to certain difficulties. For example, if the mother changes her mind, she will have to file a lawsuit not only to establish paternity, but to deprive parental rights.

Establishment of paternity in court can be carried out by the father or mother in different situations, for example, if the mother does not want to register the paternity of the biological parent on a voluntary basis, to which he responds with a lawsuit.

Features of establishing paternity in court

Determination of the father is possible in the course of action proceedings if the parents are not registered as spouses. In the absence of their joint application, paternity may be determined by the court at the request of one parent or guardian, as well as the person who maintains the child or himself (upon reaching the age of majority).

The court may determine the father on his application if he is not married to the mother of the child, when she is recognized as incapacitated, died, was declared missing, deprived of parental rights, and also if the guardianship body did not give voluntary consent to the certification of paternity in the registry office only on application.
For these claims, general jurisdiction is applied, that is, the application is filed at the place of residence of the defendant. If the mother wants to establish paternity and collect alimony, she can file a claim at her choice - at her place of residence or at the place of residence of the father.

Establishment of paternity and collection of alimony is most often carried out simultaneously, while the collection of payment is carried out from the date of establishment of paternity. The payment of alimony for the previous period may not be awarded.

Is it always justifiable to establish paternity in a court of law?

Not always the presence of the official father according to the documents is favorable for the life of the child. If the parent shows no interest in the child, paternity will not bind him. However, the mother may get additional problems in cases where it will be necessary to obtain the consent of the father for certain actions, for example: traveling abroad, changing apartments, surnames or selling the child's property.

Many mothers rely on the establishment of paternity and the collection of alimony, but they are accrued only from the real wages of the father in the absence of other children. If the parent is unemployed, child support is often given in a fixed amount. When the father is identified, the mother loses the status of "single" and will not be able to enjoy social benefits, even if the parent avoids paying money.
Otherwise, if the father has a high level of official earnings, the child and his mother can count on good financial assistance in the form of alimony. And also, if a parent owns property, his children may expect to receive an inheritance if it is not transferred to other persons.

Father identification procedure and documents

1. The first step is to file a lawsuit with the court. When compiling it, it is better to use the help of experienced qualified lawyers who will also help you draw up the accompanying documents submitted along with the application:
   • a copy of the claim for the defendant;
   • a copy of the child's birth certificate;
   • receipt of payment of state duty;
   • a certificate from the place of residence of the child (provided that the mother files a claim at her place of residence);
   • other evidence that confirms the paternity of the child with copies of documents for the defendant.
2. The package of documents is considered by the court for 5 days, after which the date of the preliminary court hearing is set to prepare the case for trial.
3. The preliminary hearing will decide the sufficiency of the evidence and the need for a paternity test.
4. Further, the judicial process is carried out in the manner prescribed by law.

Expertise and evidence

The examination is usually carried out after the preliminary or the first session on the merits. The examination is organized in specialized institutions and is based on a blood test. Examination costs are usually assigned by the court to the opposite party.
If the parent evades the examination, they will not be forced to conduct it, however, the court will take this and other facts into account when considering the paternity case.
So, without examination, the judge can recognize the fact of paternity as refuted or established.

Other evidentiary facts may be extracts from the father’s personal file, letters, telegrams and money orders, receipts for parcels, certificates, questionnaires, photo and video materials that confirm that the parties had a close relationship during the period of conception of the child. Often called to court and witnesses who can confirm the communication of the mother of the child and the alleged father.

Interested parties can take part in the course of the trial, provide evidence on the fact of establishing paternity, appeal against the court decision and take other actions in a legal manner.

When involved in paternity disputes, it is best for both the plaintiff and the defendant to enlist reliable legal support. Ignorance of some of the nuances of the case, the inability to provide correct evidence may affect the decision of the court.

Source: http://www.family-lawyer.rf

Disputing paternity

The question of challenging paternity may arise when a man has a suspicion that the child he is raising is not his own. IN Lately In judicial practice, cases of contesting paternity are increasingly being considered. According to statistics, almost a third of children born in marriage are conceived not from an official husband.
Paternity can only be challenged in court.
The process is very complex both in the moral and ethical sense, and in legal proceedings, so the need to use the services of a lawyer is very relevant.

Even if the mother herself wants or agrees with her husband to change the act record about the father of the child in the registration book in the registry office, it is possible only by a court decision. To do this, the interested person must apply to the court with the appropriate statement of claim.

Birth record of a child, made in legislative order can only be challenged in court.

Challenging paternity in court

When a woman is actually in civil relations with another man, and the official marriage is not dissolved, according to the law, her official husband is automatically recognized as the father of a child born from such a relationship.

This is the case when the challenge is extremely necessary. This problem could be solved very simply when registering a child. To do this, both “husbands” (official and actual) must come to the registry office and write statements appropriate to the situation. But, when the location of the “legal” spouse is unknown, in order to file a divorce, the child has to be recorded on him and further paternity is disputed through the court.

Such cases in judicial practice are always very difficult and long. Most often, paternity disputes are initiated by the mother of the child. During the trial, the court will consider a wide variety of facts and evidence: testimonies, photographs, family stories, which are not always partial. Since many of these circumstances may relate directly to the child, it is necessary that these procedures go unnoticed for him or at least less painfully.

Genetic testing can help determine the parentage of a child. It can be pre-organized by a man on a personal initiative and provide it as evidence. But in practice, the court usually does not recognize such initiatives as evidence and, therefore, if it deems it necessary, will appoint an examination again.
When the child's mother objects to the DNA test, and the father has good reason to do so, the court may order her to undergo an examination forcibly. For example, a spouse, simply for health reasons, cannot be a father or was on a long trip at the time of conception.

In judicial practice, there are cases when a man tries to challenge paternity in order to save himself from the obligation to pay alimony. In this case, he will have to provide the court with a convincing evidence base.

A man who disputes the paternity of another person must keep in mind that he will have to perform a number of duties in relation to the child, in his upbringing and maintenance.

When is it impossible to challenge paternity?

If a man voluntarily recognized himself as a father when submitting a joint application to the registry office, the court will decide to refuse to satisfy the claim to challenge paternity.

If a man knew that he was not the father of this child, but signed an application recognizing him as the father, the court would also refuse to satisfy the application. If the court establishes that the man did not know that he was not the father of this child, then the application will be granted.

A man cannot present as evidence that he is not the father of a child if the child is conceived as a result of the use of reproductive methods. Since he gave written consent for the procedure.

If the spouses, being legally married, signed the consent to the birth of a child by a surrogate mother, then they can make an entry in the birth registration book only with the written consent of the surrogate mother herself.

When considering the case, the court is obliged to take into account the opinion of the child himself.
A claim to contest paternity can be filed by persons who were recorded as the child's parents in the birth register, as well as the actual father or mother. The application can be submitted by the legal representative of the child or by himself after reaching the age of majority.

The father can dispute paternity alone if the mother is recognized as incapacitated or has died, if she is deprived of parental rights or her whereabouts are unknown.

Under Russian law, paternity disputes do not have a statute of limitations, so this can be done at any time.
In case of a positive decision on the claim, the previous record about the father of the child is excluded by the registry office from the register of records.

The Statement of Claim in the case of disputing paternity is accepted by the district court at the place of residence of the defendant. You must first pay a state duty of 200 rubles.

The best results in the litigation are achieved with the competent preparation of the statement of claim, and well-thought-out preliminary work on the preparation of evidentiary documents. This is almost always impossible to do on your own.

Disputing paternity is understood as challenging the entry about the father of the child, which the registry office makes in the birth register.

The record of the father of the child can only be challenged in court. You will have to go to court even when both persons recorded as the mother and father of the child agree to change the record about the father.

Note!

In cases of disputing paternity, the opinion of a child who has reached the age of ten is required to be taken into account ( Art. 57 RF IC; item 9 Decrees of the Plenum of the Supreme Court of the Russian Federation of May 16, 2017 N 16; item 8 Overview judicial practice Supreme Court of the Russian Federation N 1 (2016)).

Only a person registered as the father or mother of the child, or a person who is actually the father or mother of the child (biological parent), as well as the child himself upon reaching the age of majority, the guardian (custodian) of the child, the guardian of the parent recognized by the court incompetent. This right also belongs to a child under the age of 18 who has acquired full legal capacity as a result of emancipation or marriage (clause 1, article 52 of the RF IC; clause 25 of Decree No. 16).

If the child's parents were unmarried at the time of the child's birth and the father was recorded at the joint application of the child's father and mother, at the request of the child's father, or by court order and the child's father subsequently intends to challenge his paternity, the following must be considered. If, at the time of making the entry, the father of the child knew that he was not actually his father, the court will refuse to satisfy the claim. In this case, the child's father will only be able to contest paternity if he proves that he did not really want to be recorded as the child's father. For example, that he filed an application to establish paternity under the influence of threats or violence, or in a state where he was not able to understand the meaning of his actions or manage them (clause 2, article 52 of the RF IC; clause 27 of Resolution No. 16).

Step 1. Prepare documents

To dispute paternity, you will need:

• a statement of claim to challenge paternity (Article 131 of the Code of Civil Procedure of the Russian Federation);
• a copy of the child's birth certificate;
• receipt of payment of state duty in the amount of 300 rubles. (clause 3 clause 1 article 333.19 of the Tax Code of the Russian Federation);
• evidence confirming that the person recorded as the father of the child is not his biological father (Article 55 of the Code of Civil Procedure of the Russian Federation).

Such evidence can be obtained from the explanations of the parties and third parties, the testimony of witnesses, written and material evidence, audio and video recordings, expert opinions (clause 19 of Resolution No. 16). With the help of examinations, the time of conception, the ability of the defendant to have children, the presence (absence) of kinship with child. During the examination, medical documents can also be examined, for example, an individual card of a pregnant woman, a history of childbirth, an individual card of a newborn.

Step 2. Apply to the district court with the claim and the documents attached to it and take part in court hearings

The claim is brought to the district court at the place of residence of the defendant (Article 28, Code of Civil Procedure of the Russian Federation).

Requests for the appointment of an examination, the inclusion of additional evidence, the court satisfies during the meeting.

If a party evades participation in the examination, fails to present to the experts necessary materials and documents for examination and in other cases, if due to the circumstances of the case and without the participation of this party, it is impossible to conduct an examination, the court makes a decision on the basis of all previously presented evidence. At the same time, the court, depending on which party evades the examination and what significance it has for it, has the right to recognize the fact, for the clarification of which the examination was appointed, established or refuted (part 3 of article 79 of the Code of Civil Procedure of the Russian Federation; clause 21 of the Resolution No. 16).

If the claim to challenge paternity is satisfied, the court makes an appropriate decision. In the operative part of the decision, the court indicates which entry is incorrect (which registry office made it, the number and date of the entry, in respect of which persons it was made), what changes or corrections need to be made to it.

Step 3. Prepare the necessary documents for making corrections to the record of paternity and submit them to the registry office

The basis for making corrections and changes in civil status records is a court decision (clause 1, article 69 of the Law of November 15, 1997 N 143-FZ). In addition, it is necessary to attach an application for making corrections or changes to the civil status record and the following documents:

• applicant's passport;
• birth certificate of the child;
• receipt of payment of state duty in the amount of 650 rubles. (clause 5 clause 1 article 333.26 of the Tax Code of the Russian Federation).

Documents must be submitted to the registry office at the place of residence or at the place where the birth registration record is kept (clause 1, article 71 of Law N 143-FZ).

The corrected certificate must be issued within one month from the date of application. If there are good reasons, the head of the registry office may extend the period for consideration of the application by no more than two months (clause 1, article 72 of Law N 143-FZ).

To answer this question, it is necessary to find out how paternity was established.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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If the parents of the child are married, then this fact is registered at the request of one of them ().

1. Information about the mother of the baby is entered into the act record from the document issued by the medical institution that delivered the baby.
2. Whereas data about the father are entered on the basis of a marriage certificate.

If the parents live in a civil marriage, then paternity is recognized:

• by mutual agreement;
• or on the basis of a judicial act.

However, data about the father can also be entered from the words of the mother.

Therefore, if paternity was established by one of the above methods, then it must be challenged in court (). Then, by decision of the court, it will be necessary to make changes to the act record ().

concept

If the establishment of paternity leads to the emergence of legal relations between the child and his biological father, then challenging this legally significant action may become the basis for termination of parental rights ().

Legislation

1. Parental rights arise on the basis of the Family Code.
2. Registration of legally significant events takes place in accordance with the provisions of the Federal Law "On acts of civil ...".
3. As a result, establishing or contesting paternity is subject to mandatory state registration.
4. The amount of the fee for registration or procedural actions is established by the Tax legislation.
5. Controversial issues between parents are resolved within the framework of the Code of Civil Procedure of the Russian Federation.

Video: establishment

Presumption

The duration of the presumption of paternity is 300 days after the divorce. Therefore, after a remarriage, the ex-husband () fits in as the father of the child.

1. If the biological parent is the current spouse, then he will have to challenge paternity through the courts.
2. If the child was conceived out of wedlock, then the registration of his birth and the recognition of paternity takes place in general order ().

Under such circumstances, the actual father of the child will have to challenge paternity in court.

As you can see, the presumption of paternity is good because it relieves parents from the obligation to prove the origin of children born in wedlock. The exceptions are cases where the parents did not legalize the marriage relationship.

Therefore, if the child was born the next day after the marriage, then the legal father of his mother is recognized as the legal father.

In what case is it allowed under article 52 of the RF IC

Disputing paternity under the above article of Family Law is allowed if the act record about the father of the child was made on the basis of

When not to

It is impossible to challenge the presumption of paternity at the stage of making an act record.

If we consider the issue of disputing paternity, then the law does not allow satisfaction of the claims of a person who knew at the time of registration that he was not the actual father of the child.

Similar rules are established for parents who have given their consent to the use of the method of artificial insemination.

Reasons for the dispute

Interested parties may dispute paternity for a variety of reasons.

1. As already mentioned, one of the reasons for the challenge may be the presumption of paternity.
   

   In other words, if the biological parent is the legal husband of the mother of the child, but, by virtue of the law, her former spouse was entered as his father. As a consequence, the actual father is forced to challenge legal paternity in court.

2. Another reason may be the maintenance of someone else's child, for example, if the spouses ceased to live together, but did not terminate the marriage relationship. After a while, the wife entered civil marriage in which the child was born. When registering the birth of a child, a record of the parents was entered.
   

   At the same time, the same presumption of paternity continues to operate here. Therefore, even if the actual parents submit a joint application, the legal husband will be entered as the father of the child.

3. In addition, the mother has the right to file for child support against the legal father. As a result, he will continue to pay child support until he disputes his paternity. Also, the legal parent may have difficulty removing the child from the register ().
   

   How to challenge legal paternity, and what evidence is in favor of a plaintiff challenging paternity, will be discussed below.

Claim or Special Proceedings

Such cases are considered in the order of action proceedings. The claim can be registered directly with the court office. The appeal to the court takes place at the place of residence of the defendant.

statute of limitations

The general statute of limitations does not apply to matters related to establishing or disputing paternity.

Challenging paternity in court at the request of the father

Litigation can be broken down into three parts:

• preparation of a package of documents;
• identification of potential applicants;
• territorial jurisdiction.

The documents

When disputing paternity, the following documents must be prepared:

• a document confirming the birth of a child;
• marriage certificate;
• certificate from the place of registration of the child;
• certificate of impossibility to have children;
• receipt of payment of the mandatory fee;
• a copy of the passport.

The list of documents is not exhaustive and may vary depending on the circumstances.

For example, the plaintiff or defendant may provide a travel document that matches the date the child was conceived.

These documents are provided only if the applicant has them.

If the parties do not have any documents, then they can file a petition for their recovery from persons who are participants in the trial or who have registered legal facts.

Who submits

The following persons may initiate a court hearing:

• one of the child's parents;
• a person entered as a father (mother);
• guardian of the child (parent);
• child if he has reached the age of majority.

Jurisdiction

1. In the course of action proceedings, paternity is contested at the place of registration of the defendant.
2. If the application is filed as part of a special proceeding, then the plaintiff can apply to the court at his place of residence ().

Evidence

The evidence base depends on what exactly is to be proved ().

One of the main evidence confirming the origin of the child is the examination of DNA.

But, its implementation is not mandatory for the defendant, and he may refuse to provide the biological materials necessary for the study ().

Under such circumstances, the plaintiff will have to provide the court with circumstantial evidence.

These include:

• correspondence (letters, etc.);
• Money transfers;
• family photos;
• information about the composition of the family;
• documents from the maternity hospital or other medical institutions;
• testimony of witnesses.

DNA procedure

Genetic examination is aimed at confirming or refuting the relationship between the individuals under study.

As a rule, such examinations take place within the framework of:

• civil;
• or criminal proceedings.

After that, the expert's opinion is used as evidence.

With the help of genetic examination, you can establish:

• paternity or motherhood;
• half, cousin or close relationship;
• twins.

To isolate DNA, oral swabs of the studied subjects are used.

To conduct an examination, one of the parties to the case may, during the entire trial, file a corresponding petition ().

At the same time, interested persons can formulate specific questions for the expert, and in case of disagreement with his conclusions, file a request for a re-examination. The expert opinion is evaluated by the court on a par with other evidence.

Other

Any other evidence, including expertise, is provided to the court as needed.

Arbitrage practice

When considering such disputes, it is imperative to take into account the instructions of the Supreme Court ().

Questions

Issues that arise when paternity is disputed:

• what to do if the defendant evades participation in the consideration of the case;
• Is expertise always needed?
• who should pay for the DNA;
• Does disputing paternity affect child support?

If the defendant fails to appear in court

1. In the event of the defendant's first failure to appear at the court session, the hearing may be adjourned. An exception is the defendant's statement about the consideration of the case without his participation.
2. If the party fails to appear again, the court may consider the case without its participation, if the reasons for the failure to appear are not valid ().

Is it possible to do without expertise

Earlier it was said that the defendant may refuse to conduct an examination (see the subheading "Evidence").

In this case, the plaintiff will be forced to substantiate the stated requirements on the basis of circumstantial evidence.

02.01.2019

Is the child registered with someone else? Need to admit that you are not the father of the child?

Download the paternity disclaimer. The application was drawn up by professional lawyers, taking into account the latest changes in family law and established judicial practice. Recommendations are given on the preparation of a claim and its filing in court. The answers to the most common questions about challenging paternity are given.

How is paternity determined?

Rights and obligations between children and parents arise only if the relationship is confirmed by documents issued by the registry office, or by a court decision on. If with the definition of motherhood the issue is resolved by obtaining a medical document at the maternity institution, then for fathers the issue is resolved in other ways.

• First, paternity is determined by the presence of marriage. A man who is married to a woman will in any case be recorded as the father of the child on the birth certificate. This ground is maintained if the child was born within 300 days of the dissolution of the marriage.
• Secondly, paternity is determined by a joint application of the father and mother of the child to the registry office. This ground applies if the father is not married to the mother of the child and voluntarily acknowledges his paternity. If at the time of recording the father knew that he was not such, then his application to challenge paternity cannot be satisfied by the court.
• Thirdly, paternity is established by a court decision. If the alleged father of the child is alive, but refuses to submit an application to the registry office voluntarily or the mother of the child refuses to recognize the man as the father, the court is filed. If the alleged father died, then the court is filed in the order of special proceedings.

How to File a Petition to Contest Paternity

The right to file a paternity suit is held by those people who are registered as the parents of the child, or those who are actually the father or mother.

The application can be submitted by the legal representative of the child or by himself after reaching the age of majority.

The application is submitted to the court at the place of residence of the defendant, refers to the jurisdiction of the district court. When filing a claim, a state duty is paid, as for non-property claims.

Testimony of witnesses testifying to the absence of paternity is accepted as evidence of paternity disputing. Usually, a card of a pregnant woman and a woman in labor is requested in writing. If there is insufficient evidence, you can claim.

What to write in a statement of claim to challenge paternity

The statement of claim must indicate how the man was recorded on the birth certificate as the father of the child. Then you need to describe in detail the circumstances that preceded the record of the father of the child, what kind of relationship the man had with the mother of the child.

In the text of the application, you must convincingly write the reasons why this man cannot be the biological father of the child and provide evidence that will confirm this. If the real (biological) father of the child is known, it is possible to provide his data in the text of the application, but this is not necessary.

The claim for disputing paternity must specify the requirements for disputing paternity. We recommend formulating all the requirements so that later there are no problems with reissuing documents, there is no need to submit additional ones. Therefore, it is better to write as in our sample application.

Documents confirming the grounds for disputing paternity are indicated in the annex to the statement of claim.

Sample statement of claim for disputing paternity

IN __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ____________________
(full name, address)

Petition for disputing paternity

"___" _________ ____ between me and the defendant _________ (full name) a marriage was registered. Since "___" _________ ____, we do not live together due to _________, the marriage relationship between us has been terminated. Since that time, we have been living separately, we do not conduct a joint household, although the marriage has not been officially dissolved.

“___” _________ ____, the defendant had a child _________ (full name of the child), about which an act record No. ____ dated “___” _________ ____ was made in the registry office _________ (name of the registry office). Since at the time of the birth of the child we were married to the defendant, on the basis of Part 2 of Article 48 of the Family Code of the Russian Federation, I am listed as the father of the child, but I am not the biological father of the child. The child was unreasonably assigned my surname and patronymic. This is confirmed by the fact that _________ (indicate why the plaintiff does not consider himself the father of the child).

Based on the foregoing, guided by Article 52 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. Establish that I _________ (full name, date and place of birth of the plaintiff) is not the father of _________ (full name, date and place of birth of the child) born to _________ (full name of the mother of the child).
2. In the record of the act of birth No. ____ dated "___" _________ ____, compiled by the department for _________ of the registry office at _________ (full name, date and place of birth of the child), information about _________ (full name, date and place of birth of the plaintiff), how to exclude a father.
3. Restore the original data entered in the record of the birth in the columns "Information about the father" before establishing paternity.
4. Change the child's last name from _________ to _________ (after the mother's last name).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the claim
2. Document confirming the payment of the state fee
3. Marriage certificate
4. Copy of the child's birth certificate
5. Evidence that excludes factual possibility paternity of the plaintiff

Date of application "___" _________ ____ d. Petitioner's signature _______