Revocation of paternity

Is it possible to revoke paternity?

The legislation of the Russian Federation defines several grounds for establishing paternity:

• Marriage. The father of children born in marriage or within 300 days after its dissolution is automatically recognized as the husband of their mother.
• The desire of a father who is not married to the child's mother.
• Establishment of paternity forcibly by court decision.

In all cases, the registry office issues the child's parents a certificate of paternity or a birth certificate for the child.

The reasons why parents file a claim to annul paternity are related to:

• Breakdown of the relationship between the father and mother of the child.
• Doubt about paternity.
• Failure of the father to fulfill his obligations to support the child.
• Recognition of paternity under pressure or deception.
• The desire to adopt or adopt a child by another man.
• Another man's claim to paternity of that child.

Regardless of the reason, Russian legislation does not contain the possibility of voluntary annulment of paternity. This can only be done in court (based on Article 52 of the RF IC and Article 75 of the Federal Law “On Acts of Civil Status”).

Cancel paternity determinations

1. Is it possible to cancel the establishment of paternity through the registry office if both parents agree?
2. How can a paternity certificate be annulled?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

How can a paternity certificate be annulled? 1.1. Hello Victoria! Only by way of appealing a court decision to establish paternity. 2. Is it possible to cancel the establishment of paternity through the registry office if both parents agree? 2.1. It is forbidden. Only in court 2.2. Only through the court 3. I am the mother of a minor child.

but realistically under certain circumstances.

4. A child was born before marriage, a certificate of paternity was issued. Is it possible to cancel a document if a marriage has been officially registered with the child’s father?

4.1. No, you cannot cancel your certificate. 5. Is it possible to revoke paternity? It was established through the court that the children were three years old, the children were not their own, and now the ex-wife wants to terminate the contract.

5.1. Hello, you can also challenge paternity in court if the children are not your own.

6. In 2009, I got married with a 4-year-old daughter, at the same time my husband adopted her (not being her biological father), now we are divorced and I want to cancel the paternity certificate and so that my ex-husband has nothing in common with us!

Is it possible to do this? And How? It’s just that even if I take my child on vacation abroad, I have to get his permission, but now we don’t communicate at all and this will be problematic!

6.1. Good afternoon. It is possible to do this.

To do this, you must file a claim to challenge paternity. As a result, the ex-husband will be excluded from the birth certificate.

7. Can an ex-husband stop paying child support if he revokes the paternity certificate? He recognized the child himself, knowing in advance that he was not his own.

7.1. But it will not be possible to cancel this certificate, because Article 52 of the RF IC states: The request of the person registered as the child’s father to challenge paternity cannot be satisfied if at the time of recording this person knew that he was not in fact the father of the child.

USEFUL INFORMATION: How to adopt a newborn baby from a maternity hospital

RUSSIAN FEDERATION FAMILY CODE OF THE RUSSIAN FEDERATION Article 52.

Challenging paternity (maternity) 2.

The request of a person registered as the father of a child on the basis of paragraph 2 of Article 51 of this Code to challenge paternity cannot be satisfied if at the time of recording this person knew that he was not in fact the father of the child. 7.2. Hello! Yes, maybe if he challenges paternity.

When can paternity be revoked?

The second and third paragraphs of Article 52 of the RF IC allow the court to refuse to satisfy a claim if:

• When paternity was voluntarily established, the man knew that there was no relationship between him and the child.
• The father agreed to artificially inseminate the mother.
• The father, mother and surrogate mother consented to the implantation of the surrogate mother's fertilized embryo into the mother.

In these cases, the child’s parents do not have the right to apply to the court to annul the establishment of paternity.

How to cancel paternity determination?

As mentioned above, the registry office cancels the record of paternity only by court decision. The court will satisfy the claim only if the mother or father can prove that the father and child are not related. The court will also evaluate whether there is a conflict with the interests of the child in the claim to cancel the establishment of paternity.

After the court makes a decision to annul paternity, the registry office will make changes to the child’s documents.

Procedure

For a successful court decision in this case, you need to follow the following algorithm:

• Consult a lawyer.
• File a claim.
• Collect documents and evidence of the absence of a relationship between the father or the child, as well as fraudulent means of establishing paternity or forcing a man to recognize himself as the father of the child.
• Pay the state fee.
• Apply to the court.
• Attend the court hearing at the specified time. The time and place will be announced in a special notice.
• Receive a court decision and submit it to the registry office.
• Receive a new birth certificate for the child, with the father’s information changed.

In this algorithm, special attention should be paid to drawing up a statement of claim.

Claim for annulment of paternity establishment

From the application to the court during the consideration of the case, basic data about the reasons and grounds for the abolition of paternity will be gleaned. Therefore, it is important to present all the facts in a reasoned manner, and compose the text itself in accordance with the requirements for the preparation of official statements. The structure of the claim is defined in Article 131 of the Code of Civil Procedure of the Russian Federation. The header of the statement states:

• Name of the court.
• Details of the plaintiff and defendant, their places of residence.

When filing a claim by a trusted person, you must also indicate his data.

After the title there is a description of the circumstances of the case, among which you need to indicate:

• The circumstances of the development of relations between father and mother (marriage, its dissolution, etc.).
• Date of birth and details of the child.
• Grounds for establishing paternity (voluntary or forced).
• The plaintiff’s grounds for canceling paternity or doubting family ties with the child.
• Links to evidence confirming the absence of family ties between father and child.

Further in the text of the application you must indicate:

• Requests for an examination, calling witnesses, etc.
• Links to legal norms.
• Claim.
• List of attached documents.

At the end, put the date of filing the claim and the signature of the applicant.

Sample claim to revoke paternity for download

Required documents

According to Article 132 of the Code of Civil Procedure of the Russian Federation, the court considers only those claims whose content is documented. Each circumstance described in the text of the application must be based on a specific document.

The list of main documents includes:

• Passports of the plaintiff and defendant.
• Marriage and divorce certificates.
• Child's birth certificate.
• Receipt of payment of state duty.

Other documents depend on the circumstances of the case. Among them may be:

• Testimony of witnesses.
• Correspondence between the parties to the case.
• Audio and video recordings of their conversations.
• Medical documents that relate to the essence of the case (for example, about infertility or artificial insemination).
• Evidence of the separation of a man and a woman at the time of conception of a child (business trip order, rental agreement, imprisonment or hospital treatment).
• Results of genetic testing.

The more supporting documents the plaintiff collects, the higher the chance that his application will be satisfied by the court.

Establishing the fact of recognition of paternity

Russian legislation (Article 50 of the Family Code) allows the establishment of paternity recognition in the event of the death of the putative father. This situation often arises in cases involving inheritance after the death of a deceased person. In addition, the Family Code does not provide for any time limit for establishing the parents of a child, so interested persons can submit an application to establish the fact of paternity, including after the death of the person whom the woman considers the father of her child. The ultimate goal of all actions is to change the entry in the birth documents.

The court decision does not replace this document, but provides grounds for changing it.

If a child was born out of wedlock, but during his lifetime the deceased recognized himself as his father, it is permissible to establish the fact of recognition of paternity through special proceedings. This procedure applies to actual circumstances that cannot be documented.

To do this, several conditions must be met: For example, if the recognition of paternity is established for the purposes of inheritance, the court must find out the opinion of other heirs on this issue.

If the requirement contradicts the interests of other persons, then a ruling is made to refuse to accept the application for the court to establish the fact of recognition of paternity. In this case, the applicant is not deprived of the right to resolve his problem, but only through a lawsuit. Then the court will consider the arguments and evidence of all interested parties.

Establishing paternity after the death of the father is possible, just as in the first case, in a special manner. But only on the condition that there are no persons objecting to the recognition of this fact.

USEFUL INFORMATION: Can a child live with his grandmother?

For persons born before 1968, establishing paternity after death requires confirmation of their dependence on the deceased person. Establishing paternity posthumously requires the submission of evidence to the court, and any factual data, including letters and testimony of witnesses, can be considered as such. In such cases, the same full proceedings are conducted as in the case where paternity is established in relation to the living parent.

Carrying out examinations is not excluded, although posthumous establishment of paternity with their help is quite difficult. Since the court's establishment of the fact of paternity does not entail an obligation to support the child, this is most often required in order to acquire the right to inheritance, a survivor's pension and the exercise of personal non-property rights.

Paternity annulment process

The court has 5 days from the date of its filing to review the claim. If the application is drawn up in accordance with the requirements of the law, the claim will be accepted for consideration. Having decided on the date of the hearing, the court will send a notice to the parties.

During the hearing, the parties answer questions from the court, and also have the right to ask questions to each other and request the calling of witnesses or the appointment of examinations.

Based on the results of the proceedings, the claim will be satisfied or denied. If the decision is positive, you need to transfer the decision to the registry office, where the record of paternity will be canceled. On the front side of the document they will make an o, the data will be crossed out and the date, number of the court decision and which court made it will be indicated.

After this, the child’s mother will be issued a new birth certificate, as well as a certificate to receive benefits from the social security authorities.