Document appearance - sample
Sample
Certificate of Paternity Establishment is a special form with a high degree of security: watermarks, etc. It contains the following information:
- name of the form;
- detailed information about the child: full name, date of birth, etc.;
- Full name of parents;
- Full name of the child to establish paternity;
- record of document issuance;
- official seal and signature of an authorized person.
Each certificate has an individual, non-repeating number and series.
Who can stand for the issuance of a certificate
The biological father is not the only person who can stand to issue a certificate. The following person (several persons) can receive the document:
- both parents, going to the registry office at the place of registration;
- the child’s father, if the mother died prematurely, is absent from her place of registration or is considered missing;
- guardian or person who cares for the child. The certificate can be received by both an individual and a legal entity;
- a child who has reached the age of majority.
Other persons wishing to issue this document will be refused.
In some cases, only the father of the child receives a certificate
In frequent situations, the father independently applies for a document, without the participation of the mother. This action is possible only in certain cases:
- premature death of mother;
- the woman’s absence from her place of registration, lack of information about her current location;
- mother's incapacity;
- restriction or deprivation of a woman's parental rights.
A man can apply for and receive a certificate of paternity in cases where the woman cannot give her actual consent or her decision is not legally binding.
What you need to have with you:
- identification document - passport (original and photocopy);
- a document or certificate confirming the mother’s inability to be present when submitting the application;
- certificate of approval of the action by the guardianship authorities (if the child is under 18 years of age);
- child's birth certificate.
The period for receiving the document is from 1 to 3 working days.
Reasons and time of issue
If the certificate of recognition of paternity does not contain the man’s full name immediately after the birth of the child, then in the future the citizen will need to undergo an additional procedure. Grounds for assigning parental status to a biological father:
- Mom and dad submit an application together, provided that they lived together and gave voluntary consent to the procedure. As a rule, it happens if the couple registered a marriage, or they were in an informal relationship.
- An application on behalf of a man is formed in cases where the baby’s mother does not have the desire or ability to give the go-ahead to receive a certificate.
- An application on behalf of a woman is drawn up on the basis of a court decision recognizing a specific person as the biological father of the baby.
Note: in addition to the application, persons must present an identity document (passport). It is noteworthy that a driver's license and other similar documents are not accepted by the civil registry office.
Joint statement
If both citizens have reached a mutual agreement, then it is enough to visit the registry office to issue a certificate. The application must take place at the place of registration. After visiting a department of the institution, you should make a statement that occurs:
- while a woman is pregnant;
- when issuing a birth certificate;
- after childbirth and undergoing the procedure for registering the baby in the living space.
If a woman is pregnant, the citizen submits to the registry office a certificate from the clinic confirming the condition of the expectant mother. To receive a certificate, you must present papers from the maternity ward when issuing the baby’s birth certificate.
Father's initiative
To confirm his status, a man has the right to independently submit an application for the execution of this document. The mother's participation is not required. Circumstances like this often arise:
- maternal death;
- the woman does not live at the place of registration, including there is no information about the current address of residence;
- the court made a decision on the basis of which the mother was declared legally incompetent;
- introduction of restrictions or complete deprivation of a citizen’s rights to raise a child.
Read also: Marriage age in the Russian Federation
Statement from the mother based on a court ruling that has entered into force
If citizens have not registered the relationship, but the woman wants the man to be included in the baby’s birth certificate, but the other party refuses, the mother has the right to establish paternity. In this case, the consent of the biological father is not required.
The procedure is initiated on the basis of a submitted application to the court. Based on the results of consideration of the case, the judicial authority may make a positive decision. If there is a resolution, the documents should be submitted to the registry office.
In addition to the child’s mother, the following persons can file a claim on this issue:
- guardianship authorities or other government agencies in whose care the minor citizen is;
- guardian;
- trustee;
- other interested parties.
Note: the law provides for applying to the registry office on a special form. Filling out the application is carried out according to the sample. In this case, it is necessary to take into account the territorial location of the authority, since it is not allowed to apply to a unit other than your place of registration.
Establishing paternity in court
In controversial situations, a man can initiate obtaining a document recognizing paternity in court:
- the child's mother does not recognize the man's paternity;
- the father does not recognize the child;
- upon the death of the mother or deprivation of her parental rights.
Having familiarized themselves with the situation, authorized persons, based on the presented arguments, certificates and documents, will decide whether there is a need to recognize the man as the father of the child. If the request is granted, the man needs to contact the registry office at his place of residence and apply for a document.
The court decision will contain all the necessary information, so the man will only need to have a passport with him, and also pre-pay the state fee.
How and where to get it?
How and where to get it? You should contact the registry office. Other government agencies are not authorized to issue this certificate.
Read also: How to find out where a person is buried?
Those wishing to receive the document should have with them:
- documents for identification of parents;
- children's documents (if any);
- a receipt confirming that payment of the state duty has been made;
- consent of the child if he is over eighteen years old;
- permission from guardianship and guardianship authorities at the request of a judge;
- a document that confirms that the father has the right to submit an application himself (if necessary);
- court decision (if any);
- identification document of the legal representative and his power of attorney.
It is important to understand that not all people can apply for a document. The document may be issued to the following citizens:
- the child’s parents, if they are not officially married;
- to the baby’s father personally (if the mother is incompetent, died, disappeared or was deprived of parental rights) with a permitting document;
- the legal representative of the minor;
- guardian;
- trustee;
- adult (by court decision).
The application must be submitted to the registry office employee personally in writing. It should be filled out on a form according to the sample issued by the Civil Registry Office. On this page you can submit statements from your parents, father, or an application based on a court decision. These three forms have some differences that are important to be aware of.
The completed application must be taken to the registry office at the place of residence of the parents (or father) or at the place of registration of the baby. The above documents are also attached to it. Next, the civil registry office staff checks the documentation provided and then issues (or refuses to issue) the document. Issue is made on the day of application, so you won’t have to wait long.
When can a document be refused?
An application for a certificate of paternity is accepted if the registration journal at the registry office does not contain this data or they need to be updated. If the child has a father and this is recorded in the registry, then permission to file an application will need to be sought in court. Correction of existing data solely from the words of the child’s mother is not valid in the absence of documentary evidence.
Paternity cannot be canceled if the child was born by a surrogate mother or IVF was performed and the man confirmed his consent in documentary form.
Cancellation of paternity certificate
It is impossible to cancel a document establishing paternity on your own. This process can be initiated only on the basis of a positive court decision and nothing else. The following persons (several persons) can apply to cancel a document:
- a man listed in all certificates and documents as the father of the child;
- mother, guardians or other persons having a legally confirmed relationship with the child;
- the application was submitted by the biological father of the child in order to confirm paternity, if another man is indicated in the registry office register (DNA examination will be required);
- a child who has reached the age of majority.
To cancel a document confirming paternity, just one desire is not enough. Authorized persons must provide a reasoned reason, based on which a decision will be made to satisfy or deny the applicant’s request.
If the procedure was initiated by the mother or the child himself, it is necessary to provide documented evidence that the man fails to cope with his responsibilities, ignores them, commits acts of violence against the woman or child, etc. Most often, the procedure is not limited to just the annulment of the certificate of paternity. If the evidence provided is confirmed, the man will be limited in parental rights or deprived of them.
The man initiates the procedure if he is not the biological father of the child, but he must not know this from the very beginning, otherwise his request will be denied. The only exception is when the biological father wants to raise the child himself and wants the rights to do so.
Cancellation of a paternity certificate is an irrevocable procedure. Once the process has been completed, the document cannot be restored again. Before deciding on this measure, it is advisable to think twice, and only then apply.
Restoration of paternity certificate
To restore the certificate of paternity if it is lost or damaged, you need to visit the registry office at the registration address and make a request for a duplicate of the paper.
However, if, during the period of loss of the certificate, a case is initiated against the citizen to deprive him of parental rights, the authority will refuse to issue the document. To restore a certificate, you will need to go through the following procedure:
- Contact the authority where the newborn was registered.
- Submit a written request for reinstatement.
- Pay the state fee for issuing a duplicate - 300 rubles.
The certificate issuance period is 5-7 working days after payment of the state fee.
Establishing the father's status does not always go smoothly. Such a process depends on a number of circumstances, so the procedure is individual. Government agencies may request additional papers or change the procedure for establishing contact with the baby. Experts recommend that you seek advice from a practicing family law attorney before submitting your application.
