Refuting paternity in court step-by-step instructions. The procedure for challenging the fact of paternity in court

In accordance with the family legislation of the Russian Federation, there is such a thing as the presumption of paternity. A child born in an officially registered marriage is considered by default to be the child of a husband and wife. However, in practice, there are often cases when a man, who is listed as the child’s father according to documents, is not actually one. As a result, there is a need to challenge the fact of paternity.

Before starting the procedure to refute the fact of paternity, it is necessary to take into account one important circumstance: the Family Code in Art. 52. of its text says that paternity can be challenged only if, at the time of recording the child in the birth register, the person did not know and could not know about the fictitious fact of his paternity.

The procedure for challenging paternity

Challenging the fact of paternity occurs strictly in court, and statutes of limitations do not apply to categories of cases on this issue, that is, you can submit an application and make demands at any time.

Litigation on this issue is a rather complex procedure and has many nuances. DNA testing plays one of the main roles in the process of proving the stated claims. This examination can be carried out either by the applicant himself or by the judge during the trial of the case.

DNA examination is a comparison of sections of a gene chain to determine whether the child’s genes correspond to the genes of the father and mother. This research, in accordance with the Order of the Ministry of Health of the Russian Federation dated April 24, 2003, can only be carried out in institutions that carry out forensic genetic examinations, as well as in organizations that have the appropriate license to carry out this type of activity.

To carry out the examination, the blood of the persons being examined or other objects is used. For example, swabs from mucous membranes or saliva, as well as any objects containing DNA fragments in proper condition and suitable for research, can be used as material for examination.

According to the Order, a result of 99.90% or 99.75% is sufficient to challenge the fact of paternity. The average cost of an examination is 25,000 rubles. If the examination showed that the person is not the father of the child, then this circumstance is already a very weighty argument for filing a claim in court.

Package of necessary documents

To begin consideration of a case challenging paternity in court, you will need to provide the following documents:

1. A statement of claim containing the essence of the claims, as well as their justification.
2. A copy of the statement of claim according to the number of persons participating in the case.
3. A copy of the child's birth certificate.
4. Certificate of state registration of marriage (if available), also a certificate of its termination (if the marriage was concluded and subsequently dissolved).
5. Documents confirming the stated requirements.

Such documents include the results of a DNA examination, as well as documents confirming the impossibility of paternity, threats or the fact of misleading a person. It is worth noting that the Family Code in a case challenging paternity prohibits referring to the procedure of artificial insemination or surrogacy as evidence.

Consequences of satisfying a claim to challenge the fact of paternity

After the statement of claim is accepted for proceedings, the court begins consideration of the case on its merits, during which it examines and analyzes all the evidence presented. Based on the evidence presented, a decision is made to satisfy or refuse the stated requirements.

If the court determines that the plaintiff is, in fact, not the child’s blood father, then, based on a court decision, the civil registry office will change the entry about the biological father in the birth book, where the person was recorded as the child’s father. A court decision that a person has no genetic connection with a child completely annulls the obligation to support and raise that child.

In recent years, men have increasingly doubted that the children they are raising are their biological relatives.

This happens especially often after a divorce.

And often the man turns out to be right. To get an answer to their nagging questions, they turn to the court with a lawsuit to challenge paternity.

At the same time, it is possible to decide the fate of the funds already allocated for the child, who suddenly became a stranger.

It is also necessary to go to court if the spouse herself insists that the spouse has no relation to the children who are legally considered his.

When filing a claim, you first need to indicate the exact date of the end of the marriage relationship or the day from which the married couple ceased to live and run a household together.

It does not matter whether the child was born in marriage or cohabitation, if the man recognized himself as the father.

The petition must indicate that during the separation and termination of the marital relationship, the wife had a child, whose father the plaintiff cannot be. In the child's birth documents, he is indicated as the father for the reason that the marriage was not dissolved, or 300 days have not passed since its dissolution.

Paternity can be challenged even if the child was registered with the consent of the man. The grounds for filing a claim may be certain facts and circumstances indicating that he is not the biological father of the child.

It is necessary to note the evidence confirming the impossibility of paternity of the plaintiff:

• Certificate from a medical institution confirming the plaintiff’s sterility.
• Testimony of possible witnesses: relatives, friends, colleagues, neighbors.
• The results of the DNA test, if the defendant did not interfere with obtaining the child’s biomaterial and consented to the research.
• Lack of jointly acquired property, household, during the period of conception of a child.

The claim must be accompanied by a package of documents established by law:

• copy of the application;
• paid state duty (receipt);
• confirmation of sending the application and necessary attachments to the defendant’s address;
• marriage certificate with the defendant;
• a copy of the birth certificate of the disputed child;
• documents proving the plaintiff’s non-involvement in the birth of the child.

The application must clearly state the requirement: to cancel the record of the plaintiff as the parent of a particular minor in all necessary instances.

Submitting an application

According to Russian legislation, persons who are documented as his parents, but who are not such from a biological point of view, have the opportunity to file a claim to appeal paternity.

The application can be submitted by the child himself after turning 18 years old or by his legal representative before the ward reaches the age of majority.

The biological father can file a similar claim in the case where another person is indicated in the minor’s documents, or when the mother was the spouse of another person at the time of conceiving and carrying the child.

Satisfying the claim means deleting the father's record from the birth certificate and from the registry office register.

In fact, from this moment on, the man has no responsibilities towards a specific minor. If the child’s surname is different from the mother’s surname, the plaintiff may demand a change of data, including the patronymic.

If the identity of the biological father is established from the testimony of witnesses or from a statement, the court will involve him as a third party and clarify the rights regarding. The biological father has the right to participate in the case with separate claims.

After receiving a court decision, the mother has the right to make demands on the biological father or not to require documentary proof of paternity.

The claim is filed at the place of residence of the defendant. The state duty is 300 rubles.

The claim can be filed by the mother of the child if she is sure that her husband is not the father of the child, and she does not want to have a false entry on the child’s birth certificate.

When filing an application, it is important to understand that the court will consider the case only if the father did not initially know that the child was not his.

If it is proven in court that he consented to the entry of his data into the birth certificate, knowing that he is not a biological parent, the court will refuse to satisfy the claim.

Sample statement of claim to challenge paternity

The statement from the father or mother must describe a specific situation, but this must be done according to the model available in each court. The text of the application should look something like this.

To the Central District Court of Komsomolsk-on-Amur

Plaintiff: Sorokin Konstantin Aleksandrovich

Address: Komsomolsk-on-Amur, st. Lenina, 248, apt. 15

Defendant: Sorokina Elvira Vladimirovna

Address: Komsomolsk-on-Amur, Pervostroiteley Ave., 58, apt. 126

Statement of claim to challenge paternity

From 17.06. Since 2009, I have been married to Elvira Vladimirovna Sorokina, certificate No. 34874759738. But since September 10, 2015, we have not been in a marital relationship, we live separately, we do not manage a household, although the marriage has not been dissolved.

11/15/16 at Sorokina E.V. twins were born. Considering that the marriage between us has not been dissolved, I am listed in the registry office as the father of the children who are given my patronymic and surname, about which the registry office of Komsomolsk-on-Amur made entry No. 458 and No. 459 dated November 21, 2016.

• My mother: Sorokina Olga Dmitrievna, living at the address: Komsomolsk-on-Amur, st. Lenina, 248, apt. 15;
• My partner: Afanasyeva Marina Denisovna, living at the address: Komsomolsk-on-Amur, st. Lenina, 248, apt. 15.

I know that from the moment of our departure Sorokina E.V. lives together with Agamyan Rustem Aramovich in his apartment at the address: Komsomolsk-on-Amur, Pervostroiteley Ave., 58, apt. 126. The fact of their cohabitation is confirmed by R.A. Agamyan and his neighbors.

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

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If the child’s parents are married, then registration of this fact occurs upon the application of one of them ().

1. Information about the baby’s mother is included in the vital record from the document issued by the medical institution that delivered the birth.
2. Whereas the information about the father is entered on the basis of the marriage certificate.

If the parents live in a civil marriage, then recognition of paternity occurs:

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

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

Therefore, if paternity was established using 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 a legal relationship between the child and his biological father, then challenging this legally significant action may become grounds for termination of parental rights ().

Legislation

1. Parental rights arise on the basis of the Family Code.
2. Registration of legally significant events occurs in accordance with the requirements of the Federal Law “On Civil Acts...”.
3. As a result, establishing or challenging paternity is subject to mandatory state registration.
4. The amount of the fee for performing registration or procedural actions is established by Tax legislation.
5. Disputes between parents are resolved within the framework of the Code of Civil Procedure of the Russian Federation.

Video: establishing

Presumption

The duration of the presumption of paternity is 300 days after the divorce. Therefore, after remarriage, the ex-husband () is included 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 outside of marriage, then registration of his birth and recognition of paternity occurs in the general manner ().

In 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 frees parents from the obligation to prove the origin of children born in marriage. The exception is cases where the parents have not legalized the marriage relationship.

Consequently, if a child was born the day after marriage, then the legal father is recognized as the legal husband of his mother.

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

Challenging paternity under the above article of Family Law is permitted if the registration of the child’s father was made on the basis

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 challenging paternity, the law does not allow the satisfaction of 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 artificial insemination.

Reasons for contestation

Interested parties may challenge paternity for a variety of reasons.

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

   In other words, if the biological parent is the legal husband of the child’s mother, but by force of law her ex-husband was registered as his father. As a result, the actual father is forced to challenge legal paternity in court.

2. Another reason may be supporting someone else’s child, for example, if the spouses stopped living together, but did not dissolve the marriage relationship. After some time, the wife entered into a civil marriage, in which a child was born. When registering the birth of a child, information about the parents was entered.
   

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

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

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

Claim or special proceedings

Such cases are considered through claims proceedings. The claim can be registered directly at the court office. Appeal to the court takes place at the place of residence of the defendant.

Statute of limitations

General statutes of limitations do not apply to issues related to establishing or challenging paternity.

Challenging paternity in court at the request of the father

Appeal to the court can be divided into three components:

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

Documentation

When challenging paternity, you must prepare the following documents:

• document confirming the birth of the child;
• marriage certificate;
• a certificate from the place of registration of the child;
• certificate of inability to have children;
• receipt of payment of the mandatory fee;
• copy of 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 coincides with the date of the child’s conception.

These documents are provided only if the applicant has them.

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

Who serves

The following persons can initiate a court hearing:

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

Jurisdiction

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

Proof

The evidence base depends on what exactly is being proven ().

One of the main pieces of evidence confirming the origin of a child is DNA testing.

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

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

These include:

• correspondence (letters, etc.);
• Money transfers;
• family photos;
• certificate of family composition;
• documents from the maternity hospital or other medical institutions;
• witness statements.

DNA procedure

Genetic testing is aimed at confirming or refuting the relationship between the individuals being studied.

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

• civil;
• or criminal proceedings.

After which the expert’s opinion is used as evidence.

With the help of genetic testing it is possible to establish:

• paternity or maternity;
• step, cousin or close relationship;
• twins.

To extract DNA, oral swabs of the study subjects are used.

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

In this case, interested parties can formulate specific questions for the expert, and in case of disagreement with his conclusions, submit a petition to schedule a re-examination. The expert opinion is evaluated by the court along with other evidence.

Other

Any other evidence, including examinations, is provided to the court as necessary.

Arbitrage practice

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

Questions

Questions that arise when challenging paternity:

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

If the defendant fails to appear in court

1. If the defendant fails to appear at the court hearing for the first time, the hearing of the case may be postponed. An exception is the defendant’s application to consider the case without his participation.
2. If a party fails to appear again, the court may consider the case without his participation if the reasons for the failure to appear are not valid ().

Is it possible to do without an examination?

It was previously stated 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 claims on the basis of circumstantial evidence.

Challenging paternity is a complex procedure that will require appropriate training and knowledge. Since it is carried out only through the court, the case can drag on for several years. Challenging paternity by the mother is carried out in order to terminate all legal relations with the child’s father and protect him from fulfilling parental responsibilities. In order to quickly get a positive result and end the litigation, you should.

How is paternity established?

Information about the child’s mother is entered into the baby’s birth certificate on the basis of a certificate issued by the maternity hospital. It confirms that this child was born by this woman. The situation is completely different with the inclusion of the father in the first document of the newborn.

If he is not officially married to the child’s mother, then information about him will be included in the vital record and in the baby’s birth certificate only with his voluntary consent. As a result, two documents will be issued: a child’s birth certificate and a certificate of paternity establishment for this citizen. If the child's biological father refuses to acknowledge paternity, the mother must go to court.

If a woman and a man are officially married and a child is born to them, then the spouse is automatically recorded in the father column. In this case, his consent is not required, and in the event of a denial of paternity, his name will still be included in all official documents. In these cases, the procedure for challenging paternity by a man takes place. But there are often cases when the mother herself undergoes this procedure. Let us consider in detail what reasons there may be for this.

Grounds for challenging paternity at the request of the mother

There are often cases where men raise children other than their own and for a long time do not suspect that they are not their biological fathers. In this case, the father needs to go through the procedure of challenging paternity in order to terminate all family ties with someone else’s child and not have any financial or moral connection with him.

The reasons for challenging paternity by a mother are considered to be:

• The mother challenges the paternity of her husband, who in fact is not the biological father of her child, in order to terminate the legal relationship between him and the child.

• If another man claims paternity (biological father, if the woman is married to another)

Important: It is worth understanding that if paternity is revoked, the man is no longer required to pay child support.

Who can challenge paternity

Article 52 of the Family Code establishes the circle of persons who have the right to challenge paternity in court. Note that previously these were only the parents recorded in the act and birth certificate of the child. Recently, this list has expanded significantly.

Paternity can be contested by:

1. The man recorded as the child's father.
2. The person who is in fact the father of the child.
3. Mother.
4. Guardian or guardian of a minor.
5. Guardian or guardian of a parent who has not reached the age of sixteen.
6. Personally, the child after he reaches adulthood.

This circle of persons is final. Please note that the child’s grandparents cannot file a claim in court on this issue. They will be granted this right only if they are officially recognized as guardians of a minor or a parent under sixteen years of age.

Procedure for challenging paternity

Please note that paternity can only be challenged in court. Even if both parties agree to this, this matter cannot be resolved without a court. This procedure is regulated by the Family Code, namely Article 52.

When challenging paternity, the following nuances must be taken into account:

1. If a man, at the time of giving voluntary consent to establish paternity, knew that the child being registered in his name was not his blood, then he will be denied a challenge. Please note that this fact will have to be confirmed by the child’s mother.
2. If a man recognized paternity not of his own free will, but under the influence of threats, blackmail, or taking advantage of his condition when he could not account for his actions, then he has the right to challenge it due to a violation of the will.
3. If at the time of the trial the child is 10 years old, then his opinion on the case will be heard at the hearing and taken into account without fail. This is exactly what the Family Code provides.

All these nuances should be taken into account before drawing up and filing a statement of claim in court.

The procedure for challenging paternity

The first step will be to draw up and submit a statement of claim to the court. At this stage, it is better to use the services of a qualified lawyer specializing in family law. In this case, the appeal will be drawn up properly and will be accepted by the court for consideration.

The application must contain:

• name of the court;
• personal and contact details of the parties (full name, address, telephone);
• details of the minor in respect of whom paternity proceedings are being carried out.

The plaintiff must clearly substantiate all his claims that he states in the appeal. When referring to the testimony of witnesses, they will need to be invited to the court hearing to provide explanations on the matter.

The following will need to be attached to the claim to challenge paternity from the mother:

1. A receipt confirming the fact of payment of the state fee.
2. Copies of the statement of claim for the defendant in the case and third parties (if any).
3. Originals and copies of the child’s birth certificate, marriage and divorce.
4. Other documents that serve as evidence on this issue.

The territorial branch of the registry office can act as a third party, since the court decision is a direct instruction for them to perform certain actions. Only they have the right to make changes to the child’s birth certificate and the paternity certificate.

Challenging paternity is a rather complex process that requires studying a large amount of information on the institution of challenging paternity itself, as well as knowledge of judicial practice in this area. In this article we will try to describe in more detail the mechanism for establishing paternity, both voluntarily and through the court, based on judicial practice on challenging paternity.

You can challenge not only paternity, but also motherhood, although in practice in court, challenging maternity occurs much less often than challenging paternity; this phenomenon is caused by the nature of childbirth: it is much easier to establish the mother of a child than the father. The other side of the coin leads to the fact that there are many cases when a person is listed as the father of a child who, in fact, is not one.

When can paternity be challenged?

Challenging paternity and, as a consequence, the registration of information about the child’s father is allowed if the parent is registered as a man who in fact is not one.

There are many reasons why paternity is contested. For example, the presence of a registered marriage is the basis for the registry office employees to automatically make an entry about the father of the child, the husband of the mother of the newborn, even without his consent.

There are cases when a person who is not married to the baby’s mother is registered as the child’s father; in this situation, the couple jointly submits an application to the registry office (clause 3 of Article 1 of the RF IC). Subsequently, the possibility of challenging paternity under these circumstances depends on whether the man knew that he was not in fact the father of the child or not. If it is proven that he knew at the time of submitting the application to the registry office that he was not the father of the child, then the court will refuse his claim. If at the time of joint filing of the application he did not have this information, then if there is sufficient evidence, the court may satisfy the claim to challenge paternity.

An application to challenge paternity can be filed in court at any time. There is no statute of limitations for challenging paternity.

Who can challenge paternity?

The following entities can initiate legal proceedings to challenge paternity:

• a person recorded as the father of the child, but in fact not being one, if at the time of making the recording he did not know about it;
• a citizen who, for some reason, is not registered as the child’s father, but considers himself a parent;
• other persons authorized by law (the child’s mother, his legal representatives, the child himself upon reaching adulthood).

Family law has described situations where interested parties do not have the right to challenge paternity:

• a man who was not married to the child’s mother, who consented to the making of a record that he is the father of the child, knowing in advance that he is not such (clause 2 of Article 1 of the RF IC);
• in the case of the birth of a child to married parents who have given consent to the birth of a child through the use of artificial insemination or embryo implantation (clause 1, clause 4, article of the RF IC);
• a record of the child’s parents was made after his birth by implanting an embryo into another woman for the purpose of bearing it, who subsequently agreed to the spouses being entered as parents of the newborn (clause 2, clause 4, article 4 of the RF IC);
• a person trying to challenge paternity does not have the procedural right to do so.

In these cases, the court does not have the right to satisfy the claim to challenge paternity.

Procedure for challenging paternity

The procedure for challenging paternity consists of several stages:

• collecting the necessary evidence;
• drawing up a statement of claim to challenge paternity based on the evidence received;
• filing a statement of claim with attached documents to the court;
• legal proceedings to challenge paternity;
• if the court decision is not in favor of the applicant, then it is necessary to challenge it in a higher court;
• obtaining a court decision and writ of execution.

Challenging paternity in court

Requests to change the record of the child’s father by entering relevant data are possible only by court decision. To do this, it is necessary to initiate legal proceedings in this case. The legislator did not provide any other ways to challenge paternity.

Challenging paternity is a complex legal procedure that requires a lot of time and nerves. It is extremely important to collect the maximum amount of evidence on the basis of which the court will make a positive decision.

According to Article 55 of the Code of Civil Procedure of the Russian Federation, evidence includes: explanations of the parties, third parties, testimony of witnesses, written evidence, audio and video recordings, expert opinions. Depending on the situation, taking into account the above, it is necessary to collect evidence to challenge paternity. From our practice, we see that the most suitable evidence in these trials is the result of genetic testing.

After obtaining the necessary evidence, a statement of claim should be drawn up to challenge paternity, which presents demands based on the collected evidence with reference to the current provisions of the law.

A genetic examination is ordered by the court if a request for this is received from the participants in the process; the court does not order a genetic examination on its own initiative. When filing a claim to challenge paternity, the plaintiff may ask the court to conduct an appropriate examination.

After collecting evidence and drawing up a claim, it is necessary to send the entire package of documents to the district court according to the number of participants in the process and for the court itself. Most often, the participants in the process of challenging paternity are the registered father of the child, the actual father, sometimes the guardianship and trusteeship authorities, and representatives of the registry office.

Documents can be sent to the court by transferring them through the court office (in this case, we recommend making a copy of the claim for yourself, on which you should ask the office employee to mark “incoming” and sign), or sending the documents by mail (in this case, it is necessary to make an inventory of the attachment and notification of delivery).

After receiving the documents, the court makes one of the following rulings:

• on acceptance of the claim for proceedings. This determination is accepted by the court if the claim satisfies all the legal requirements for its content;
• about leaving the claim without progress. This determination is made if the claim contains a defect and the court proposes to eliminate it within the allotted time;
• about the return of the statement of claim. The said determination is made by the court, for example, if the case is beyond the jurisdiction of this court.

If a ruling is made to accept a claim challenging paternity for proceedings, the court sends copies of the ruling to the participants in the process indicating the time of the first court hearing.

After receiving the appropriate determination, we recommend that the defendant in the case write a response to the statement of claim, in which he indicates the reasons for disagreement with the claim and provides relevant evidence. The defendant’s presentation of his position orally during court hearings is often ineffective because it is reflected in the court record in a distorted form or is not entered there at all.

At the appointed time, the first court hearing takes place, during which the parties state their position on the essence of the case, present arguments and counter-arguments, citing relevant evidence.

During the process, the parties need to petition the court to collect evidence that they could not obtain themselves, including a genetic examination.

Based on the results of the consideration of the case, the court makes a decision to satisfy the claims or to reject the claim. The court decision can be challenged within a month from the date of its adoption. After a month, unless one of the parties appeals, the court decision enters into legal force.

Genetic examination in a case of challenging paternity

Genetic examination in a case of challenging paternity plays a leading role among the evidence. The plaintiff should apply for it when filing a claim or during the process; the defendant must indicate its implementation in the response to the claim or also during court hearings.

In the application for genetic examination, it is necessary to indicate the expert institution in which the applicant requests to conduct the examination.

If one of the parties submits a request to conduct a genetic examination, the court makes a decision to grant the request or refuse to satisfy it, which happens extremely rarely and only if all the evidence available in the case indicates that its conduct is pointless.

During the genetic examination, like any examination, according to Article 216 of the Code of Civil Procedure of the Russian Federation, the court has the right to suspend the proceedings, which it most often does. The court’s performance of this action is primarily due to the fact that the two-month period established by law for consideration of a case challenging paternity is very short, since such cases are usually complex and, in order not to violate the allotted period, the court suspends the proceedings in the case.

The court cannot oblige the parties to come to the appropriate institution to conduct a genetic examination, but if a party refuses to conduct it, the court will consider that the refusal confirms the arguments of the counterparty in the case.

Initially, the cost of conducting a genetic examination is paid by the party applying for it; if it wins the case, the court will recover payment from the losing party to the expert institution.

Challenging paternity in court at the request of the mother

The child's mother can initiate a paternity challenge if she finds out that the child's father is another man.

During the trial, she is not required to prove that she did not have information about the child’s biological father at the time of his birth. The court needs to establish the fact of relationship between the biological father and the child, and not the reason for hiding the truth.

The participation of the child’s mother in a trial to challenge paternity is an extremely difficult situation, not only from a legal, but also from a psychological point of view, since at the trial, most often, both the registered father of the child and the man claiming his role are present, and both try to humiliate the woman in every possible way , insulting her. If there is reason to believe that the process will follow this path, we recommend that the child’s mother send her authorized representative to the process.

Challenging paternity in court at the request of the father

Challenging paternity in court is allowed upon the application of the biological father of the child or a man who considers himself such.

Since there is no statute of limitations for challenging paternity, you can file a claim at any time, but you must remember that if the child reaches the age of majority, it is necessary to obtain his consent to the trial. Filing a claim does not depend on the time when the man found out that he was the father of the child or began to suspect it.

Legal consequences of challenging paternity

If the court satisfies the claim to challenge paternity, the entry in the registry office about the child’s former father is removed and a new entry is made about the actual father of the baby. The registered father of the child is recognized as a full-fledged parent with all the ensuing rights and responsibilities in relation to the child: the right to education (at the same time and obligation), the obligation to support, including the payment of alimony, the right to inheritance (both the child’s father and the father for the child), etc.

In case of refusal to satisfy the claims, the plaintiff will re-file a claim against the defendant to establish paternity, according to Clause 2 Part 1 Article 134 Code of Civil Procedure The Russian Federation will not be able to. In addition, the losing party will have to pay legal costs to the winning party.

Challenging paternity in Kazan

If you need to challenge paternity in Kazan, our lawyers are always at your service. Extensive experience in handling family disputes will allow us to achieve results in the shortest possible time and without nerves.

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