According to family law, fathera child born in marriage or within three hundred days after its dissolution, invalidation, unless otherwise proved, recognized the spouse of the mother (or former husband).
Evidence of the origin of children from specificparents, according to Art. 47 SK, is a record made in the book of birth records in the prescribed manner. However, it is possible to challenge paternity (maternity), which is carried out in court. The situations in which this occurs may be different. But, as a rule, they arise in connection with the responsibility for the maintenance of the child. In addition, the latter has the right to receive the inheritance.
The entry made may not be disputed.father or mother of a child. This right may be exercised by the guardians or custodians of the child, the guardians of the parents declared incapable. As well as persons who are actually the mother or father of the child. In addition, the child himself has this right, who at the time of going to court has reached the age of majority.
Challenging paternity and litigationcarried out on the basis of the received claim from the above persons. At the same time, the statute of limitations is not established in the legislation. The statement must necessarily contain information about the moment when the actual marital relationship was terminated between the spouses, or the time from which they live separately. You must also provide:
- documents confirming the fact that the biological father is another person;
- certificate (copy) of the child's birth;
- receipt of state duty.
How to prove paternity in court?
The process takes into account anyevidence provided by parties confirming the child’s origin. This may be testimony, videotapes, photographs, letters, medical records confirming the barrenness of a man, and others. This method of establishing paternity is often used, such as conducting a DNA examination. However, it is expensive and does not provide an absolute guarantee, therefore, it is not used in all cases. In addition, it is often not used, because the defendant often tries to avoid holding it under various pretexts. The court must take into account all the evidence in the aggregate. He needs to establish compliance with the record of parents, find out who is the biological father and mother of the child. A decision rendered by a court has legal consequences.
Challenging paternity will not be satisfied:
- if at the time of making the record the man knew that in fact the father of the child is not;
- if consent to the implantation of the embryo or the use of artificial insemination was given in writing;
- if challenging paternity has arisen against a child born and born by a surrogate mother, after making an entry with the consent of all interested parties.
These provisions are prescribed by law inconnection with the need to protect the interests of the child. It is considered that, when making a decision on the registration of paternity, they took into account all possible legal consequences, and arbitrary change of one’s will should not be allowed.
Because challenging paternity is enougha complex process, which requires collecting the necessary documents, writing a claim, protecting one’s rights in court, it is advisable to contact lawyers who provide services for representing interests on a professional basis. Of course, these services are often expensive, so you need to proceed from their capabilities, as well as the chances of success. Perhaps it makes sense to contact a lawyer only for assistance in drawing up a statement of claim or only at a court hearing.
