Establishment of paternity in the registrar's offices: necessary documents and state duty

Some couples face a dilemma - there is a need to establish paternity. Many people think that this procedure is connected with paper red tape and takes away a lot of time from them, and therefore postpone its implementation. But is it really so? First, you need to understand some aspects. For example, how is paternity established in the registry office? Which plan documents will be required? What specific requirements exist? What nuances should I know in advance? Let's talk about this in more detail in this article.

What is this procedure?

The procedure for establishing paternity today is extremely simple and does not require a lot of time and money spent. For its implementation, it is enough to collect a package of required documents and fill out an application.

However, it is important first to understand all the nuances of this process. It is also necessary to understand what will directly mean for the father the establishment of paternity and what responsibilities it entrusts to him. This is clearly described in the Family Code of the Russian Federation. Among the responsibilities of the father are the following:

• Material support (payment of alimony).
• Transfer of the right of inheritance to the child (he becomes the heir of the first category).
• The acquisition of inheritance rights (the father can inherit the property of children in the event of their death, and also demand alimony after retirement).

The father gets the right and the opportunity to educate the child, take care of his education, protect his interests, forbid anything. To challenge paternity, the man himself can not later, even if the absence of direct relationship is confirmed. Therefore, this procedure must be approached with all responsibility.

If it is proven that the man is aware of the fact that this child is not from him, the decision to establish paternity will be valid throughout his life. This is reflected in the current legislation. Any state bodies primarily take care of the child's interests.

Who can apply?

To declare his desire to establish paternity can be directly father without a child, and both parents together. In the latter case, two signatures will be required to certify the application. The main thing is to have someone who wants to consolidate his / her parental rights. Without the presence of this person, the documents will not be accepted. In this case, even a power of attorney will not serve as a sufficient argument, which has been certified. This is due to the fact that recently there have been a significant increase in attempts to cheat when trying to file such a statement.

The presence of the mother at the same time is not mandatory. However, her written consent will have to be enclosed. It should also be notarized. The presence and even the actual existence of a child is not mandatory. You can begin the procedure at any time from conception to birth. In this case, you will need to provide a document issued by a medical institution that officially confirms the fact of pregnancy.

What may be required

It is important to follow the established algorithm of actions:

• Collect the required documents.
• Write an appropriate application.
• Pay the due duty (receipt for payment).
• Submit a package of documents to the local registry office.
• Directly get a certificate.

If the child has not reached the age of ten, then the consent of the mother is decisive in this matter. If he is older than the specified age, it is also necessary to obtain consent from the guardianship and trusteeship authorities .

The opinion of adult young people is taken into account first. It must be stated in writing and legally certified. If such a child is against the establishment of paternity, documents will not be accepted.

The mother's opinion is taken into account in a different way and does not play a key role. Although her disagreement, the trial will take place already in court. And the key to the decision is the desire of the child.

Deadlines

It is interesting that the voluntary establishment of paternity in the registry office has no time limits. You can do this in any of the following periods:

• When parents just expect the baby to be born.
• Right after the baby was born.
• After any amount of time after his birth.

The only restriction: the establishment of paternity in the registry office can only be carried out while the child is alive. In the event of his death, the procedure is not carried out.

If a lot of time has passed since the moment when the child was born, it is important to strictly observe the procedure for establishing paternity in the registry offices. It will be described later.

Procedure for establishing paternity

You can start the process only if the parents do not have any mutual claims to each other. If there are still disputable issues, then the issue must be resolved in the local court. Sometimes it is impossible to establish paternity, even considering the fact that the subject is really the biological father of this child. In what cases does this situation occur?

• The father is recognized incompetent.
• The kid has already been adopted.
• If the father was previously convicted under certain articles of the Criminal Code of the Russian Federation.
• The father is on a special account in a narcological or psycho-neurological dispensary.

Drawing up an application

The application for the establishment of paternity in the registry office must be filed in accordance with all established standards. For this purpose, a special form has been created. All the data in it are classified according to certain characteristics and form several sections. Among them are:

• Data from a particular registry office;
• Name and passport details of parents;
• A clear request from the parent that paternity be recognized, with references to the required documents;
• nationality;
• citizenship;
• The address where you actually live;
• If a marriage was made between the parents, then it is required to indicate the requisites of the certificate confirming this event;
• Name, given to the child;
• Date and place of state registration of this child;
• Deciphered signatures of parents.

It is important that all the data in the application and in the documents exactly match. Otherwise, it will be impossible to establish paternity through the registry office. The state institution will simply refuse to accept the documents.

Documentation

What will be required to provide for the establishment of paternity in the registry office? It is necessary to prepare a number of documents. Among them are: a birth certificate for a specific child, as well as a certificate of his birth (it can be provided directly at the hospital), a passport of a citizen of the Russian Federation (any other document that allows identification of the person), a receipt (she confirms payment of the necessary state Duties), as well as the consent of the second parent for the procedure, notarized (especially important if the documents are submitted in the absence of a second parent).

To carry out the procedure without the last described document is possible only in the following cases:

• The parent is currently in custody;
• The mother is declared missing;
• The mother was declared incompetent;
• The mother died.

What other features need to be considered in order to successfully implement the establishment of paternity in the registry office?

State fee

Is it necessary to pay any fees? Such a procedure as the establishment of paternity in the registrar's offices is an act that invariably has important legal significance and requires mandatory imposition of some state fee. Its size may fluctuate in accordance with the amendments that are introduced in the Tax Code of the Russian Federation. Today it is three hundred and fifty rubles. Before a person pays for the establishment of paternity in the registrar's offices, it is important for him to carefully check whether the requisites are correctly specified. In the event that any mistake was made, the proposed documents will not be accepted by the relevant institution.

Special requirements

The establishment of paternity in the registry office is also possible for an individual who was previously recognized incompetent. However, in this case, the consent of the following persons and institutions will be required, namely: the guardian, who currently performs full supervision of a particular child, as well as guardianship and trusteeship agencies (relevant only in situations where such supervision is performed by the relevant government agencies).

Establishing paternity is a relatively simple procedure that does not take a lot of time or money, but will give the legal right to fully participate in the life and upbringing of your child.

Be ready to bear all responsibility for your children. Always remember: they really need you!