According to Ukrainian legislation, the child’s descent from parents gives rise to their rights and obligations in relation to him. This fact is legally fixed in the registry office. But it so happens that for a number of reasons, the father may require the exclusion of a mark about him as the baby’s father from the record of the child’s birth. Contesting paternity is a right guaranteed by the SKU, and in particular, Art. 122, 124, 126 and 127.
When it is possible to contest paternity
Only a person who is indicated in the birth certificate of a child can submit a statement of claim to contest paternity. This document is issued at the registry office and is automatically entered as a father by a person who is legally married to the child’s mother. Also, a spouse is recognized as a parent, even if he no longer lives with his wife or after a divorce from her. But this rule is valid only for three hundred days from the moment of separation.
Paternity can be challenged by a man who recognized the child as his own, although he was not married to his mother at that time. At the same time, if the official father knew during the acknowledgment of paternity that he was not the biological father of the baby and still recognized him, then he can no longer sue. This also applies to persons who have consented to the use of assisted reproductive technologies.
It is worth noting that paternity can only be challenged from the birth of a child until the moment he reaches the age of eighteen, and also that the statute of limitations does not apply to this case.
Reasons for challenging paternity
The procedure for challenging paternity is carried out only through a judicial institution. That is, in any case, even if there is no dispute between the spouse and the spouse about this, it is possible to change the record of the child’s father only through the court.
The most common reasons for filing a statement of claim in court on this issue are:
- The desire of the actual father of the baby to secure this status legally. This situation arises when the registry office records a child with an official spouse, with whom the wife has not lived for a long time, but is married.
- The woman’s betrayal or other circumstances that led to the fact that the man indicated in the record as the father of the child is actually not him.
- Other interested persons (mother, guardian, child who have reached the age of majority) who wish to terminate the legal relationship between the child and the non-biological father can also file a claim to contest paternity.
Obtaining a court decision
Evidence will be required to obtain a court decision that you are not the biological parent of the child. Such evidence can serve as:
- The conclusion of the examination for establishing consanguinity.
- Travel tickets, travel tickets, hotel checks and other supporting documentation confirming the husband’s long stay away from his wife.
- Written testimony of witnesses about indirect or direct evidence of his wife’s betrayal.
Of course, the main and indisputable proof will be genetic examination. But the defendant may refuse to hold such an event. In this case, the plaintiff may demand from the judicial institution the compulsory appointment of an examination. If the mother of the child continues to resist and the procedure becomes impossible, then on the basis of this, the court can recognize the fact for the establishment of which this examination was appointed.
After receiving a positive court decision, the plaintiff must submit an application to the registry office at the place of his registration to remove information about his paternity from the child’s birth certificate. It is also worth noting that all legal costs, which include the genetic examination, are borne by the losing party.