You will not surprise anyone now by having a child born out of wedlock. These are single-parent families in which the mother brings up the child alone or the couple lives for several years without marriage and at the same time has children. According to statistics, about 30% of all children in Russia are born precisely in families where the couple are not officially married. However, all children have exactly the same rights, regardless of the presence or absence of a marriage between parents. And at some point, it may be necessary to recognize paternity outside of marriage. Such an initiative can come from any parent and even from the child himself.
General Provisions
The Family Code, in article IV, spells out the responsibilities and rights of parents. If the couple is married, the spouse is automatically recognized as the father (or the former spouse, who for 300 days has not declared the invalidity of paternity after the divorce).
According to the requirements of Article 48 of the UK, the following grounds may be found for registration with the registry office of the fact of paternity:
- joint statement of both parents;
- a statement from a father or mother who is not married;
- the court's decision.
Simply put, if there is no stamp in the passport, then paternity can be recognized on a voluntary or compulsory basis.
Recognition of paternity outside of marriage is possible at any time until the child reaches the age of 18. After coming of age you will have to get consent from him. In this case, the legislator reserves the right for an adult child to refuse, and if the case reaches the court, the judge will accept this refusal without any explanation and additional actions.
Child rights
Each child is a citizen of the country and has a certain list of rights. However, the Family Code does not distinguish among children born in or out of wedlock.
The fundamental rights are determined by Article 11 of the UK
- for a decent upbringing and life;
- the child has the right to know who his parents are, to live with them and receive care from them;
- to communicate with parents, even if they live separately;
- for protection, that is, the child has the right to apply to the guardianship authority or to the court (from the age of 14) and bring claims by his parents regarding their abuse of their rights;
- to express their own opinions;
- to receive F. I. O .;
- to ensure their own needs and property.
If the recognition of paternity outside of marriage has occurred, the child is entitled to claim the inheritance (part) after the death of his father. In addition, children are entitled to receive alimony.
Legal implications
Regardless of whether the child was born in the family where the marriage is registered or not, the pope is obliged to provide materially the needs of the offspring. In addition, he has the right to participate in upbringing, regardless of the mother’s desire, to speak out and even instruct in training in a particular institution. And, of course, the father must protect the baby, guard his dignity and well-being.
The mother does not have the right to refuse meetings with the child only if she does not prove in court that such visits adversely affect the psyche of the child. The father, in turn, has the right to prove that his stay is much more comfortable and better for the offspring than his mother.
Mutual consent of parents
If paternity is recognized on a voluntary basis outside of marriage, then at the place of residence of the parents, they can apply to the registry office.
According to the provisions of Article 50 of Law No. 143-FZ, parents have the right to submit an application even during pregnancy if they assume that it will be impossible to do after the birth of the baby. For example, if the father is a sailor, and it is known that at the time of birth he will be outside the country. In this case, the recording is made after the birth of the baby on the basis of a previously submitted application.
Application form and content
The application template, which can be submitted to the registry office when voluntarily acknowledging paternity outside marriage, is provided for by Government Decision No. 1274 of October 31, 1998.
The content of the document is prescribed in article 50 of Law No. 143-FZ. The statement must include not only the will of the father, but also the consent of the mother. In addition, the document should contain personal data of both parents, information about the baby’s birth, last name, which he will have after the registration of paternity.
If paternity is established over a minor, legally incompetent child, then the consent of the guardianship authorities will be required to be attached to the application. In the case of an application before the birth of the child, a certificate of pregnancy is attached to the mother.
If one of the parents cannot come personally to the registry office to submit an application, then you can draw up a statement at the notary public who will certify the applicant’s signature.
The procedure for recognizing paternity outside of marriage is not free. To date, the size of the state duty is 200 rubles. This amount includes the cost of the birth certificate itself, which dad and mom will receive in their hands.
Dad’s own decision
If the mother of the child dies or is declared legally incompetent, paternity outside of marriage can be established only at the request of the father. The same procedure is provided for situations where the whereabouts of the mother are unknown or she is deprived of parental rights.
The father must contact the civil registration authorities with an appropriate statement. In parallel, it is necessary to obtain the consent of the Board of Trustees. If the council refuses, you will have to go to court. For such appeals, form No. 13 is approved, approved by Government Decision No. 1274. In addition to general data, that is, the name of the father, child, place of residence, the first must indicate what happened to the mother, she died or is recognized missing , and attach supporting documents.
If the child has already reached the age of majority, then the father will have to obtain consent from him to establish paternity.
Forced procedure
In life, things are not always smooth, so in some cases it is necessary to resort to the procedure for recognizing paternity outside marriage through the court. The initiator of a lawsuit can be not only the mother, but also the father, guardians. Upon reaching adulthood, a child may even independently apply to the court with a corresponding petition. Although in practice such claims are most often filed by mothers, in order to receive further alimony for the maintenance of the offspring.
The main evidence for the trial is the DNA examination. If the father does not want to take the test, then in most cases such a refusal is recognized as consent to the fact of paternity.
If it is impossible to submit the examination data for other reasons, then you will have to operate with other evidence, for example:
- provide family photos;
- involve witnesses in the process;
- certificates of family composition from ZhEKov;
- submit correspondence to the court and so on.
Effects
In Russia, the recognition of paternity outside of marriage entails the obligation for the pope to pay child support, regardless of whether the procedure was voluntary or compulsory.
There are two ways to pay child support:
- through a settlement agreement;
- through a court decision.
In the first case, parents sign an agreement in which they stipulate the order, the amount of the child’s maintenance. If the parents are not able to agree peacefully, then the disgruntled party will have to go to court.
When dad does not try to hide and does not shy away from paying alimony, you can apply to the justice of the peace. In other cases, you will have to apply to the district court.
By law, the father is required to deduct 25% of his salary. If he is not officially employed, he must transfer 25% of the minimum wage to the child.
In practice, if a woman sues child support while being married and her husband has adopted a child, the judge will refuse the lawsuit. But if the financial situation of the new family is unsatisfactory, then, most likely, the biological father is still charged with the obligation to pay child support.
Such claims are subject to consideration in the courts of general jurisdiction; the applicant has the right to apply at the place of residence of both father and mother.
Alimony
Often, recognition of paternity outside of marriage is initiated by the mother in order to receive alimony. It is no secret that most women, giving birth outside of marriage, do not even think about the material support of their children in the future. On the other hand, if the pope does not want to provide and educate his own offspring, then no official ties will help.
The main thing is to remember that even if the father recognizes the baby, then you cannot recover child support in past years. On the other hand, in addition to child support, there are other vital issues. If there is a need to take the child out of the country, for example, for treatment, you will have to ask your father for consent.
It should be remembered that child support is not such a big amount. Under current law, such material payments are made in the amount of 25% of the official salary of the father. If the father is not officially employed anywhere, then you can only rely on a small fixed amount or 25% of the minimum wage, valid at the time the court made the decision. At the same time, the mother will no longer be considered lonely and has no right to count on social benefits.
Court decision
After the claim is accepted, a preliminary meeting is scheduled. It is recommended that you come to such a meeting, as rather serious issues will be resolved. It is possible that the judge will not have enough evidence provided with the application, and he will decide to appoint an examination or request other evidence. After the preliminary hearing, a date is set when the case will be examined on the merits.
The court can make both a positive and a negative decision. If the decision is positive, then the father submits an application to the registry office and attaches a copy of the court order to it.
Recognition of paternity outside of marriage through a court of law may be appealed before the decision enters into legal force on appeal, and after entry into cassation.
Special production
There is another judicial procedure, which is most often used if the father died, but there is an inheritance and the child claims it. Recognition of the fact may be required if the child needs to prescribe a survivor's pension. Such statements are considered in a special proceeding.
Recognition of paternity out of wedlock in Russia through a court of law is made on the grounds provided for in Articles 265-268 of the Code of Civil Procedure and in accordance with the provisions of Article 50 of the UK. The application must contain a requirement to establish the legal fact of paternity of the deceased person.
If a child is born outside of Russia?
In cases where a child is born outside the country, recognition of paternity outside of marriage in Russia can be voluntarily made at the initiative of the father or both parents.
The interested party should contact the Russian consulate in the country where the baby was born. The application to be issued at the consulate must be accompanied by a document confirming the fact of the birth of the child, if one is available, and documents confirming the identity of the parents. If the child has already reached the age of majority, then his written consent will be required.
All documents are subject to legalization so that they can be read in Russia. If all the documents are in order, then the applicant will receive a certificate of paternity on hand.
Conclusion
Voluntary recognition of paternity outside of marriage is a legally significant fact when a man does not avoid this, and the mother gives consent. This can be done at the civil registration authorities. The initiator of the recognition of paternity can be both the father himself and both parents.
Usually mothers of children whose fathers do not want to recognize biological kinship, and as a result help to raise and support a child, take care of him and communicate, usually go to court.
It should be remembered that a child born out of wedlock has all the rights that are provided for legitimate children. And from the age of 18, that is, upon reaching adulthood, the child is even entitled to refuse the opportunity to “get an official father”.
Children in respect of whom the paternity recognition procedure has taken place can apply for the inheritance that will remain after the death of the father, and to receive alimony. But you should always remember that their size will be small if the official income of the pope is low.