Today, a lot of women give birth to children without being married. In this case, the law does not allow you to simply enter the name of the pope in the birth certificate of the baby. Therefore, the procedure for establishing paternity through a court or on a voluntary basis. It has some features and a sequence of actions.
So, the voluntary process of establishing paternity is carried out according to the mutual statement of both parents of the baby. Moreover, it can be submitted already after the child is registered with the registry office. In addition, the mother can write such a statement with the biological father of the baby, if it is not her husband, and she is married. In any other cases, you have to go to court. Then the application can be submitted either by the mother or father.
The trial is lengthy and involves some difficulties, such as conducting a genetic examination. Naturally, the process of establishing paternity begins with filing a lawsuit by the person who wants to achieve the truth. This method is possible even if one of the parents is legally incompetent or is deceased. Together with the statement of claim, the woman has the right to write a statement on the payment of alimony by the defendant, if his paternity is proved.
To apply to the court you will also need other documents: a copy of the statement of claim, which the defendant must familiarize with, a copy of the baby’s birth certificate (the original is provided at the meeting), a receipt on the repayment of the amount of the
state fee. In addition, you will have to take a certificate from the child’s place of residence, as well as possible evidence that may become the basis in the process of establishing paternity. You may have to collaborate with guardianship authorities. After filing all the documents and their consideration, the court must set a date when a preliminary hearing of the case will be held. It is at this stage that the decision is made to conduct examinations and search for additional evidence.
A paternity test may be carried out before a substantive hearing. Examination is carried out in independent laboratories. As biological material, blood can be taken or a smear from the oral cavity of the child and the alleged dad. Naturally, this procedure is paid, however, if paternity is proved, then the material expenses can be assigned to the defendant. However, the test cannot be forced. In this case, the judge makes a decision based on other evidence: correspondence, any documentary evidence of the relationship of the parents at the time of conception or birth of the baby. So, as a result of several hearings and consideration of all documentary facts, the court will make a decision.
Before starting a case on establishing paternity, you should definitely weigh the pros and cons. The fact is that in this case the child may suffer, since his psyche is not ready for such stresses. Especially if the man categorically does not recognize his paternity and does not want to have anything to do with the baby.