Establishing paternity on a voluntary basis: procedure and documents

The establishment of paternity on a voluntary basis is a fact that recognizes a man as the father of a child by agreement with the mother. There is a statutory procedure for establishing paternity, which every father is obliged to follow, wishing to implement the procedure.

The legislative framework

Under the law, voluntary establishment of paternity is carried out in accordance with Article 48 of the Family Code of the Russian Federation. In the event that the recognition of paternity occurred after the birth of the child, you will have to make two changes to the documents. The list of securities subject to change in this situation includes a birth certificate and an act of writing. This aspect is regulated in accordance with Federal Law No. 143 "On Civil Status Acts." The procedure for establishing the fact of paternity and obtaining the appropriate certificate involves payment of a state fee. The amount of this payment is established in accordance with Article 333 of the Tax Code of the Russian Federation.

The establishment of paternity on a voluntary basis

Each father has the right to confirm his paternity on a voluntary basis, on the basis of a petition with the mother of the child in the registry office. With regard to time limits, the legislation does not define their paternity on a voluntary basis. You can conduct the procedure both at the time of state registration and after it. With regard to cases where the child was left without a mother, the application to the appropriate authorities is filed on behalf of the father. But it is important to understand that this moment should be carried out only with the consent of the body of guardianship and trusteeship. In the opposite case, the application will not be accepted. Of course, this is not the end point for the father. In case he still has a desire to establish himself as a father, he can apply to the court to restore justice.

Features of the procedure with an unborn baby

There are cases when parents who are not legally bound by marriage understand that after the birth of the child, the establishment of fatherhood by the father will not be possible. The possibility of establishing paternity in the process of pregnancy comes to the rescue. One of the most common situations when parents resort to this method is the father's serving in a hot spot. It is obvious that in this situation he will not be able to be near the future mother either at the birth of the child or after. In this case, additional documents are needed to establish paternity:

- medical certificate from the women's consultation, which states that the woman was registered for pregnancy,

- a document that serves as a confirmation of the validity of the reason why the father is absent.

Determining the paternity of a child under the age of eighteen

This case is typical, and, accordingly, is the simplest. The father has no restrictions, and can, at any convenient time, submit documents for the establishment of paternity, in accordance with the law.

Application for the establishment of paternity for an adult

In this case, the father must follow the standard procedure and at the same time obtain the support and consent of the adult child. In the case of the unwillingness of the second to carry out this procedure, the child may refuse. In case of refusal the father has no right to insist on carrying out the procedure for establishing paternity without the knowledge of the child.

The history of a child born out of wedlock

When a child is born in a family in which parents have not legitimized their relationship, the procedure for establishing paternity is determined by the following stages:

- Maternity is established directly on the basis of documents issued by the maternity home;

- The fact of paternity must be established independently, according to the results of the special procedure.

In the framework of this procedure, parents are required to file a general statement confirming their desire to establish the fact of paternity. The establishment of paternity after the death of a father is recognized automatically, just as in a situation where the birth of a child occurred within three hundred days of the date of the divorce. As for the situation when a child is born in a marriage, then the father is immediately recognized as such and is added to the birth certificate and the act of recording.

Application processing

In order to establish paternity on a voluntary basis, parents are required to file a joint statement with the registry office. The registrar's office in this case is chosen in accordance with the place of residence of one of the parents. You can apply at the time of registration of the child or after it. The law does not establish time limits. In the application, parents are required to fully record reliable information regarding the following criteria:

- initials are prescribed completely - surname, first name, patronymic;

- Passport data is written off from the original passport in exact accordance with the document;

- citizenship of parents and their nationality are indicated at will;

- residence of both mother and father;

- information about the child (gender, date and place of birth);

- in a situation when the application is made after the birth registration of the child, it becomes necessary to register the details of the birth certificate and the number of the record;

- in case parents bound themselves by marriage after the birth of the child, it is necessary to enter the requisites of the marriage certificate together with the number of the certificate entry;

- Surname, first name and patronymic, which the child will have after birth.

Attached documents

In addition to the application in the registry office it is necessary to file a number of documents confirming the correctness of the procedure. This package includes copies of mother and father passports, a copy of the certificate confirming the birth of the child, in the case when the establishment of paternity was voluntarily carried out after the birth registration, a copy of the marriage certificate, if the marriage was registered after the birth of the child, a copy of the receipt confirming the payment of the state fee . The size of the latter is three hundred and fifty rubles. If the establishment of paternity is voluntary after the receipt of the child's registration certificate, the amount of the fee increases and amounts to six hundred and fifty rubles. In addition to this list of copies, when submitting documents, parents must present their originals. This is necessary to ensure that the official of the registry office can verify the accuracy of the information specified in the application and the accuracy of the copies provided.

What does the joint statement mean?

A joint statement on the establishment of paternity is a document confirming the consent of both parents for the procedure for establishing paternity. The signature in the application from the father confirms that he really voluntarily goes to this procedure and is the father of the child. The signature on the part of the mother is proof of her consent to the procedure for establishing paternity and confirming that this person is the father of her child. In the event that one of the parents does not have the opportunity to be personally present at the time of completing the application, he is entitled to fill out his part in advance. Signature in this case must be notarized. You can file this application either directly to the registry office, or through the website of the State Service, where it will be processed, and parents will be called only to obtain a certificate that will establish paternity.

A document confirming paternity

After the parents submitted the application, it was examined and approved, they receive a certificate. After the establishment of paternity, parents must receive the testimony personally. It is always issued on the state form of strict accountability and has an individual number and a series. It must necessarily contain information about the person who was recognized as the father of the child, that is, the name, name and place of birth of the child are included in the document, the initials of the child that were given to him prior to the establishment of paternity and after, the date Birth and place, summary information on the mother - name, date and place of birth. In the end, each certificate must include the date of compilation and the number in accordance with the act of writing; The place where the fact of paternity was registered; And the date when the certificate was given to the parents. It is based on this document that further adjustments are made to the child's birth certificate.

It is important to understand that if the procedure for the voluntary establishment of paternity is fully implemented, that is, it is fixed by a certificate, the father can not waive the rights that have been assigned to him / her by the child. This is strictly prohibited by the legislation of the Russian Federation. After the establishment of paternity, the father becomes the owner of all rights and obligations for the child, against whom the procedure was carried out. The child receives all the rights that biological children have.