Russia is a legal state. Here, legislation can be divided into several large categories. One of them regulates relations in families. It's about family law. This area of legislation will tell you how to establish the origin of children in the Russian Federation. After all, only after that do parents have obligations to their babies. At first glance, the topic seems simple. But in real life, finding out who is the father or mother of the child is not so easy. What fundamentals of legislation in this area will everyone have to get to know?
Types of origin of children
There is not much information. To understand and remember it is not difficult. Even a student is able to grasp the essence of the process.
The establishment of the origin of children is spelled out in the Family Code. It is not difficult to guess that a child is born from two people. And therefore, the operation under study is of various types.
Namely:
- maternity recognition;
- establishment of paternity.
In real life, it is easier to prove the fact that a woman is a mother to a child than to point out who is the father of the baby. And this will have to be taken into account.
Who is mom?
How is the origin of children determined? Family law and the relevant Code of the Russian Federation indicate that the operation is performed in different ways. Let's start with motherhood.
The introduction of data on the mother in the birth certificate of the baby is based on certificates from medical institutions where they took birth. That is, through the use of extracts from maternity hospitals in the established form. This paper must be given to the woman in labor at the time of leaving the institution. It indicates information about the mother and baby, and also prescribes that a particular citizen gave birth to a child.
Outside the hospital
This alignment is most often found in practice. Establishing the origin of children is sometimes complicated. The thing is that now in Russia some practice home birth. Or contractions find a woman in labor at the wrong time, far from the hospital. In these situations, childbirth occurs outside of medical facilities. So, the certificate of the established sample will not be issued.
It is this fact that causes a lot of trouble. During childbirth outside the maternity hospital, the origin of the children of a woman is determined on the basis of extracts from the medical staff who took part in the delivery, as well as upon presentation of any other evidence of the birth of the child by one or another girl.
What will help bring the idea to life? Witness testimonies, photos, videos, and even audio materials will come in handy to confirm motherhood. Typically, newly minted mothers apply with evidence to the nearest maternity hospital, where a certificate is issued to register the baby.
Paternity
A more serious topic is to establish the descent of children from a particular man. Not everyone recognizes paternity. Every day, the number of children is growing, whose dads abandoned their parental obligations.
That is why we will pay more attention to this topic. With women in the field of study, everything is clear: she gave birth - mother. And to find out who is the father of the baby is problematic. What options are possible?
Perfect recognition
The establishment of the origin of children (the establishment of paternity) is ideally carried out according to the mother. Especially if the baby is born in a marriage.
As practice shows, at the time of registration of the child, the mother reports information about the father of the newborn. From her words, the surname and patronymic of the baby are recorded. In this situation, it is understood that the pope is not against his obligations.
Marriage
Does a couple have a legal relationship? Then the establishment of the origin of the children will be made without much difficulty.
The thing is that the presence of marriage makes the father of the baby the man by default. That is, it will automatically be recorded in the birth certificate. The exception is when a potential father renounces his status.
Termination
Some men believe that divorce will save them from obligations to the newborn. This is actually not the case.
Russian law indicates that the former spouse will be automatically recognized as the father of the baby if more than 300 days have passed since the divorce. And provided that no one has proved the opposite.
By court
Establishment of the origin of children in some cases is done through the courts. As practice shows, we are talking mainly about paternity. Women hardly reject their children. And fathers in Russia - easily. Especially if the man decided to leave the girl by childbirth.
If the baby’s mom and dad cannot agree on the peaceful recognition of parenthood, they will have to file a lawsuit. The plaintiff shall attach evidence of kinship with the defendant to the application.
What will be considered as evidence? Everything that the plaintiff can only present as evidence of the child’s origin from the defendant. For example, witness testimonies or photo / video correspondence materials. Recordings of conversations are also considered.
Without mistakes
Need to establish the origin of children? Parents of the baby can be invited to health facilities to take a DNA test. This is the most accurate way to determine maternity and paternity.
Today they cannot force such an examination. But, as a rule, plaintiffs still try to perform a DNA test. This evidence is a good reason to recognize motherhood / paternity. Errors in such studies are minimal.
Often, such a procedure requires certain expenses. On average, an examination to confirm paternity / motherhood will cost 25-30 thousand rubles. This study is not performed free of charge.
Sudden death
If the baby does not have a mother, establishing the child’s origin will be difficult. The death of the mother leads to the fact that paternity either does not take place, or the second parent of the newborn should take the initiative. At the request of the father of the child, provided that the legal representatives were not married, information will be entered in the column "Father" in the birth certificate.
In cases when the pope recognized paternity, but did not manage to formalize it, having died, the recognition of paternity process is carried out in court. There is nothing difficult about this. Especially if there is strong evidence of the position of the deceased.
Incapacity
As we have already found out, the origin of children is determined on the basis of an application submitted by the mother of the child to the registry office. Or by court order.
The baby's father can also contact the registration authority in order to officially receive the status of a parent. But, as a rule, women are engaged in this. If the baby's mother has become incapacitated, then the representative / guardian of the girl who has given birth is sent to the registry office with a statement of the established form.
Procedure
But that's not all. What is the procedure for establishing the origin of children in Russia? Consider the most common scenario - the registration of a newborn in the registry office, when his parents are official spouses.
Under such circumstances, the following steps need to be done:
- To prepare documents - passports of spouses, birth certificate, certificate from the hospital.
- Contact the registry office with a request for registration of a newborn. It is advisable to do this together with the baby's dad. Especially if there is no official marriage.
- Wait for the birth certificate.
Everything is extremely simple and clear. If paternity or motherhood is recognized in court, then the package of documents will be supplemented by a court order. Otherwise, the algorithm of actions does not change.