Under Art. 227 of the Code of the Republic of Belarus on Marriage and the Family (KoBS), a parental record in a civil registry — including the record of a father or mother in a child’s birth certificate — may be cancelled by the civil registry office on the basis of a court decision. This page explains who may bring such a claim, what evidence is required and what the court process involves.
What is a parental record challenge?
A challenge to a parental record arises where the person recorded as the father or mother of a child in the birth certificate is not, in fact, biologically related to the child. The court may order the civil registry to cancel or correct the record, removing the named person as the legal parent of the child.
Until a record is formally declared invalid by the court, the person recorded as father or mother retains all the rights and obligations of a parent towards the child — and cannot refuse to perform those obligations on the grounds that the record is incorrect.
Who may bring a claim?
A claim for invalidation or exclusion of a parental record may be brought by:
- the person recorded in the birth certificate as the father or mother of the child;
- a person claiming to be the biological parent of the child, where another person is recorded as such;
- the child’s guardian or trustee;
- the child themselves, once they have reached adulthood.
Limitation period
A one-year limitation period applies to claims challenging a parental record. The period runs from the date on which the claimant became aware — or ought to have become aware — of the record made or of circumstances excluding the fact of paternity or maternity.
For minors who are themselves recorded as parents, the one-year period begins on the day they reach 18 years of age.
The court may restore the limitation period if valid reasons for missing it are established — the burden of proving those reasons lies with the claimant. If the period has been missed without valid justification, the claim may be rejected even if the court finds that the recorded person is not the biological parent.
When a challenge is not permitted
The law expressly bars certain persons from challenging a parental record:
Assisted reproductive technologies (ART). A spouse who consented in the prescribed manner to the use of ART in relation to their spouse is recognised as the father of the resulting child and may not contest that paternity — unless there is evidence that conception did not occur as a result of ART.
Donors. Persons who donated reproductive cells used in ART may not contest the maternity or paternity of a child born as a result of those technologies.
Surrogacy. A surrogate mother, the woman who entered into the surrogacy agreement, and their respective spouses who consented to the surrogacy arrangement may not contest the maternity or paternity of the child born to the surrogate — unless there is evidence that conception did not occur as a result of ART.
Voluntary paternity registration. A person who registered paternity jointly with the mother cannot subsequently challenge that record if, at the time of registration, they knew they were not the biological father — unless the registration was made under duress, threats, violence or in circumstances where they were unable to understand the significance of their actions.
Documents required
The statement of claim is filed at the court at the place of residence of the defendant. The following documents must be attached:
- copies of the statement of claim and attached documents for the respondent and any third parties;
- receipt confirming payment of the state fee;
- copy of the child’s birth certificate;
- extract from the civil registry;
- evidence establishing the absence of biological connection with the child.
Evidence
Evidence confirming the absence of a biological connection may include:
- explanations of the parties and other interested persons;
- witness testimony;
- written and material evidence;
- results of forensic examinations — forensic gynaecological, biological or molecular genetic (DNA) examination;
- other documents such as personal correspondence, photographs and medical records.
An application to appoint a genetic examination or to include additional evidence may be made during the court proceedings. The court considers such applications during the hearing.
Effect of a successful claim
If the claim is granted, the court’s decision specifies which record is to be corrected — identifying the civil registry body that made it, the record number and date, and the names of the persons concerned — and what changes must be made. The civil registry office then cancels or corrects the record on the basis of the court decision.
Frequently asked questions
Can I challenge paternity if I signed the paternity registration voluntarily? Generally no — if you knew at the time of registration that you were not the biological father, you cannot later challenge the record. The exception is where the registration was made under duress, threats or in circumstances where you lacked the capacity to understand your actions.
Is a DNA test mandatory? No — it is one of the forms of evidence available, not a mandatory requirement. However, in practice a molecular genetic (DNA) examination is the most decisive form of evidence and courts frequently appoint one. It may be requested by either party or ordered by the court on its own initiative.
What happens to child maintenance if the parental record is successfully challenged? Once the record is cancelled, the former legal parent is no longer obliged to pay maintenance going forward. However, amounts already paid before the court decision cannot be recovered.
What if the limitation period has expired? The court may restore the period if valid reasons for missing it are proved. Legal advice is important in this situation — the strength of the reasons presented to the court is critical.
Can the child challenge the parental record themselves? Yes — but only after reaching adulthood. A minor cannot independently bring such a claim; it must be brought by their guardian or trustee on their behalf.
From our practice
Paternity challenge — DNA evidence obtained during proceedings. A man contacted us after discovering, following a divorce, that he had strong reason to believe he was not the biological father of the child registered in his name. The one-year limitation period had not yet expired. We filed the claim and applied during the proceedings for a court-ordered molecular genetic examination. The DNA results confirmed the absence of biological connection. The court granted the claim and the birth certificate was corrected. The client’s maintenance obligations ceased from the date of the decision.
Claim dismissed — voluntary registration, knowledge at time of recording. A man sought to challenge his paternity record several years after voluntarily registering paternity together with the mother. Evidence before the court established that he had been aware at the time of registration that he was not the biological father and had proceeded voluntarily without any duress. The court dismissed the claim on the basis of the statutory bar. We advised the client on this outcome before proceedings were initiated, but he wished to proceed regardless.
How we can help
Our advocates have extensive experience in proceedings to challenge parental records in Belarus, including cases involving foreign nationals. We advise in English and Russian and can assist remotely.
📧 [email protected] 📞 +375 29 142 27 19
