If the marriage between the parents of the child is not officially registered, the record of the father is made on the basis of a joint application submitted to the registry office. In the absence of such an application, an entry can be made only on the basis of a court decision, which will establish the paternity of a particular citizen.
The Family Code of the Russian Federation assumes that children are born in an officially registered marriage, which automates the procedure for registering the father and mother of the child. However, this legal act provides for certain options for behavior at the birth of a child by persons who are not in official marriage and family relations. In practice, such situations are encountered quite often, and not in all cases it is possible to make a record about the father of the child immediately after his birth. In particular, the legislation provides for two ways to establish paternity, the first of which is voluntary, and the second is associated with the need to go to court and prove the origin of the child from a particular man.
How to register a father based on a personal statement?
The usual and simplest way to record the father of a child in the absence of a registered marriage is a joint statement of persons who are actually the parents. Such an application is submitted to the registry office immediately after the birth of the baby, and under certain circumstances it can be presented even at the stage of pregnancy. So, the parents retain the right to submit such an application in advance if they consider that it will be difficult or impossible to write it after childbirth. If the child's mother is recognized as incapacitated, died or disappeared, the record of the father can be made on the basis of his personal statement, subject to the prior consent of the guardianship and guardianship authorities.
How to register a father based on a court decision?
In some cases, the child's father, who is not married to his mother, does not agree to the voluntary filing of a joint application aimed at making an appropriate record and the emergence of parental rights and responsibilities. In this case, the only option for making a record about the father is to submit an application to the court, the decision of which will establish paternity. The mother of the child or his other legal representative (guardian, curator) has the right to submit an application. Also, such an application can be submitted by the child himself, but only after he reaches the age of eighteen. The court accepts and considers any evidence that confirms the paternity of a particular citizen. In the event of a judicial act on the paternity of a certain person, the registry office will make an entry on the basis of this decision, and the participation of the father himself will not be required.
