Establishment of paternity is necessary if the parents have not officially entered into marriage. It is carried out both by the registry office and in court. The choice of authority depends on the extent to which the persons involved are willing to acknowledge this paternity.
When paternity is established by registry offices
To establish paternity on a peaceful basis, both parents need to report to the registry office. In this case, registration is carried out on the basis of an application for recognition as a father, which is a single document completed and signed by both parents, a passport, a receipt for paid state duty and a child's birth certificate.
Parents can change the last name, patronymic and even the first name of the child, or only enter the paternal data in the birth certificate. Further, the employees of the department draw up an act record on the establishment of paternity and, on its basis, issue a certificate. The new certificate issued by the employees of the department is considered primary.
When paternity is established by a court
However, life is often much harsher than it might seem at first glance. It is not always possible to reach a consensus. There are biological fathers who stubbornly do not recognize themselves as such for a variety of reasons. These include an attempt to evade alimony obligations, doubts about the loyalty of a friend, and so on. And here the registry office is not your assistant. In such cases, feel free to write a statement to the court. These issues fall within the competence of the city or district court. Justices of the peace do not establish paternity. It is possible to prove that the defendant is indeed the father of the child by any means not prohibited by law. When other means do not help, it is possible to carry out a genetic examination, the reliability of which reaches 99%.
If the father of the child died before the marriage, then the court establishes the fact of recognition of paternity. At the same time, one of the goals of those who apply to the court with this application is to receive pension benefits for the child. In this case, you can also submit any reliable and confirming paternity evidence to the court. This includes the testimony of witnesses, including the relatives of the deceased, video recordings, audio materials, etc. Exhumation of the body may be a last resort. However, this measure, due to its nature, is rarely used.
With the court decision that has entered into force, contact the same registry office and, having passed all the necessary procedure, you will receive the documents relying on this case. The state duty is paid when applying to both the court and the registry office. Its size is established by the tax legislation of Russia.
