With the increasing popularity of civil marriage, some troubles are increasingly emerging. Because children are born in such marriages, it often becomes difficult to establish paternity. Special difficulties arise when the future father dies. The young mother sometimes needs to prove the relationship of the baby with the deceased person. For example, a girl wants to issue a child benefit for the loss of a breadwinner or claims to inherit her civilian husband.
There are three ways to establish a relationship when spouses are not married. They differ in the conditions and consistency of the procedure. Here are some ways to establish paternity:
It is established in the case of unregistered relations of civil spouses. Together they apply to the registry office for recognition of paternity (motherhood is recorded automatically). If the child's mother either died or was deprived of parental rights after the trial, or she was found to be incapacitated by the experts, then the father can apply only with the consent of the relevant authorities. It is important to take permission from the guardianship authorities.
Sometimes, after the birth of a baby, due to any circumstances, the parents cannot apply together. Then it is provided for its filing to the registry office before the birth of the child.
When a child reaches adulthood, the paternity process is only carried out with the permission of the first.
It is often the case that the alleged father does not want to recognize his minor child. Here the mother can achieve justice only in court.
The Family Code was amended in March 1996. Therefore, if the child was born later making changes, the establishment of the fact of paternity regulates article 49 of the RUSSIAN Federation. The court accepts and considers all the evidence presented that confirms the birth of the baby from the person mentioned in the statement. All possible evidence is listed in Article 55 of the Russian Federation.
For older children, the procedure is carried out in other aspects. In this case, the court will be guided by Article 48 of the RUSSIAN Criminal Code in making its decision. Here the plaintiff proves the general management of the household, as well as the cohabitation of civil spouses at the time of pregnancy, followed by the birth of a joint child. There is no statutory statute of limitations in establishing paternity. You can apply to the court at any time after the birth of the baby.
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Posthumous paternity is carried out only in court. It is not important the fact of recognition of the birth of a baby dead person in life. Also, the establishment of paternity after the death of the father begins only after the provision of evidence that certifys the birth of the deceased person. This case applies only to children born before March 1996.
The court also hears more long-standing disputes. If the child was born before 1 October 1968, the court recognizes the paternity of the deceased person on the presence of evidence that the minor was then fully dependent on the alleged father until his death.
There are only two reasons that entail posthumous paternity.
In addition to the mother, some other persons may file a claim to the court for the establishment of kinship. They have the right to apply to the court:
Article 55 of the Russian Criminal Code provides all the admissible evidence that the plaintiff can present to the court in the establishment of paternity. These include:
How is this done? Posthumous paternity is often carried out only after the test. To date, such cases are quite popular and more effective. The paternity test is carried out only after the court's decision and in a certain clinic, which will be specified. DNA testing is carried out with strict compliance with all sanitary and legal standards. In connection with the death of his father, experts use biomaterials of immediate relatives. Parents or siblings may act as a source for collecting biomaterials for paternity DNA testing. Also, experts can use the blood tests of the deceased person, which he passed during his lifetime.
The paternity test gives a probability of 99%, which will significantly increase the chances of a positive outcome for the plaintiff. After the procedure, the results are referred to the court and a new date is set for the case. If a positive decision is made, the mother or other representative of the minor child writes an application to the registry office, attaching copies of all the necessary documents. These include the child's birth certificate and the court's decision. On the basis of the court report, the mother receives a new paternity certificate in a few days. With this document, a woman can claim survivor's benefits as well as inheritance benefits.
A paternity statement submitted to the court must be drawn up in accordance with all legislation. If the mother or guardian of the minor does not know about the whole procedure, it is better to consult a lawyer or lawyer for advice. Because, in addition to the application, it is necessary to attach copies of some documents. If the filing is correct, the court will soon take into account your situation and start work. In a statement, the mother must provide all the information about the deceased alleged father and the joint minor child.
The list of copies of documents required for trial:
It sometimes happens that the mother's application for the paternity of a deceased civil spouse is taken more seriously in connection with certain circumstances. They can be counter-objections, more often claims. Such a claim can be filed by close relatives or, worse, by his official wife.
In the event that the deceased alleged father was not married to another woman, the fact of kinship is confirmed by evidence in the form of photographs or letters, as well as by witnesses. If a man was in a formal marriage, it is much more difficult to prove justice. Despite all the evidence and testimony presented, the court will require a DNA test. According to legal experts, if a counter-claim arises, the court is guided by the results of the analysis.
Let's sum it up. Establishing paternity after the death of the father - a rather troublesome business, and sometimes requires a large financial cost. Therefore, the establishment of kinship of an unregistered couple should be treated more responsibly. Because the jurisprudence marks the moments when the establishment through the court has failed. It is not easy for a young mother to survive the situation alone.
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