The question of the need to prove family relations arises when entering into an inheritance and in some other cases. If there are grounds and all the documents and in the absence of a dispute, the registry office can certify the fact of kinship. In case of ambiguity of the situation, the presence of family relations can be established through the court.
Most often, it is necessary to confirm the relationship in connection with the acceptance of the inheritance. The main document by which the inheritance is opened is the death certificate of the testator. The person who performed the burial of the testator is issued the original of such a certificate without proof of kinship. By presenting it to a notary within six months, he gets an advantage in time to collect documents confirming the relationship. All the rest, potential heirs receive a duplicate death certificate, and for its issuance, you need to submit to the registry office documents indicating family ties between them and the deceased, for example, birth certificates, marriage certificates confirming the change of surnames, death certificates. In the absence of any documents, you must first apply with an application for their issuance to the archives of the registry office. Documents issued on the basis of a misspelled entry cannot serve as proof of family ties. Therefore, you must first make changes to such documents. Motherhood is proved on the basis of documents of the medical institution in which the child was born and testimony. At the same time, how the child was conceived (naturally or by artificial insemination) does not matter. If the surrogate mother turned out to be the testator, the child born by her has the right to inheritance according to the law and proof of kinship in this case will be an agreement with her and medical certificates. If it is necessary to prove the child's relationship with the father, when the mother and father are not married, the following can be used as evidence in the case: a joint statement by the parents, a statement by the child's father with the consent of the guardianship and guardianship authority, or a court decision. At the same time, if the father is alive, kinship with him is established by the court in the claim proceeding, if the alleged father died, but there is no dispute, the fact of paternity is established in a special proceeding, in the presence of a dispute - the claim proceeding. According to the law, it is possible to enter information about the father into the record of the child's birth certificate at the request of the unmarried mother of the child, but such a record is not proof of the child's origin from this person. To prove the status of the parents (father and mother), a birth certificate or a court decision establishing the legal fact of relationship is required. Regardless of the purpose, the following documents are used to prove kinship: certificates of the registry office, extracts from birth registers, entries in passports about children, spouses, copies of court decisions that have entered into legal force on establishing the fact of kinship, certificates issued by state institutions and organizations for place of work or residence, etc. In the application for establishing the fact of kinship, the passport data of the applicant, the data of the person whose family ties are established and the degree of their relationship are indicated. Reference is also made to the fact that documents confirming the relationship have not been preserved, but are currently needed for, for example, entering into inheritance rights. In addition, the application must contain information confirming the relationship.
