It is possible to enroll a child not to a husband in the presence of a registered marriage only if paternity is established in court. If paternity is not established, then the registry office automatically makes an entry on the basis of the existing marriage registration certificate.
Family legislation is based on the presumption of the birth of children in a family, therefore, in the presence of a registered marriage, establishing the origin of a child turns into the simplest procedure. In particular, officials of the registry office, following the provisions of the Family Code of the Russian Federation, automatically record the mother's husband as the child's father, and this record is made on the basis of a marriage certificate. The mother of the child cannot hide the fact of being married, since there is a corresponding stamp in her passport. Moreover, a similar procedure is applied in the presence of a divorced marriage in the case when a child is born within three hundred days from the date of termination of the family relationship. In these situations, it is assumed that the child is born of a citizen with whom the woman has or had a legal marriage.
How to establish paternity?
To register a child other than a husband, the paternity establishment procedure is applied, for the implementation of which an appeal to the judicial authorities is required. The appeal must come from the child's real father, who submits an application for establishing a legally significant fact. The application can be submitted not only before the entry of the child's father is made, but also after such entry, since the law allows for challenging paternity. In the process of considering such cases, the courts accept and examine all the evidence that testifies to the origin of the child from a particular man. In the most difficult cases, DNA examination is used, the results of which become the basis for a court decision.
What to do after a court decision is made?
If the paternity of a particular citizen is established in court, then it is necessary to wait for the entry into force of the corresponding court decision. After that, you should contact the civil registry authorities to make an entry about the child's father. If the entry has not been made earlier, then, on the basis of a court decision, officials of these bodies are obliged to record as the father of the citizen who is indicated in the court decision. The presence of a registered marriage with another person with the mother of the child in this case has no legal significance. If, before the entry into force of the court decision, the husband of the child's mother was already recorded as the father, then the employees of the registry office make a correction to the record, issue new documents to the applicants.
