What documents and procedures are needed to establish paternity in court if the father refuses to recognize the child as his own?
Establishing paternity in court is a necessary step if a man refuses to voluntarily recognize a child as his own. The process includes filing a statement of claim in court and presenting evidence of biological kinship.
Required documents for filing a claim
In order to initiate legal proceedings, the plaintiff (the child's mother or the child himself upon reaching the age of majority) must prepare and attach the following documents to the application:
1. Statement of claim for recognition of paternity
Containing the circumstances of the case, the requirement to establish paternity and a list of attached documents.
2. Child's birth certificate
Confirming the absence of an entry about the father in the document.
3. Medical documents
DNA analysis, if a voluntary test has already been performed confirming the biological relationship between the father and the child.
4. Photos and videos
Joint photographs and videos proving the existence of a close relationship between father and child.
5. Witness statements
Witnesses can confirm the defendant's residence with the child's mother, participation in pregnancy and the birth of the baby.
6. Correspondence and personal letters
Exchange of letters, SMS messages containing direct or indirect signs of recognition of paternity by the defendant.
7. Receipt of payment of the state fee
The cost of considering a claim for recognition of paternity is 300 rubles.
Judicial procedure
The court appoints a court session at which the testimony of the plaintiff, the defendant and witnesses is heard. The most important role is played by genetic examination (DNA analysis) conducted in certified medical institutions. The test results become decisive evidence in court.
If the defendant refuses to participate in the DNA analysis, the court has the right to conclude the fact of paternity on the basis of the available evidence.
After making a positive decision, the court issues a writ of execution, which is sent to the Registry Office for making an appropriate entry in the civil registry book.
Establishing paternity in court is a difficult but effective way to protect a child's rights and provide him with financial support from both parents.