According to Article 227 of the Code of the Republic of Belarus on Marriage and the Family, the cancellation of the primary or restored civil registry is carried out by the civil registry office at the place of storage of the civil registry on the basis of a court decision.
Who can challenge the parent record
Challenging information about parents in the record of the act of birth of a child is possible in cases where the father or mother recorded a person who actually has no kinship with the child.
The claim for invalidation (exclusion) of the record of the father or mother in the record of the act on the birth of a child has the right to bring:
– the person indicated in the birth certificate as the father or mother of the child;
– a person requiring recognition by the parent of the child if another person is indicated in the birth certificate as such;
– guardian, trustee of the child;
– child of majority.
For disputes of this kind, there is a limitation period of 1 year from the time when persons entitled to challenge the parental record became or should have become aware of the record made or of circumstances precluding the fact of fatherhood or motherhood. For minors registered as parents, the one-year period will begin to be calculated from the day they reach eighteen years of age.
The deadline for valid reasons for contesting a record of paternity may be restored by the court. The obligation to prove the validity of the reasons for missing the deadline lies with the plaintiff. If the established limitation period is missed without a good reason, then the claim for invalidating the record may be rejected, even if the court finds that the person recorded by the parent is not.
The requirement to challenge the paternity of a person recorded in a child’s birth certificate on the basis of a joint application with the mother of the child on registration of paternity is not satisfied if, at the time of recording, this person knew that he was not actually the father of the child. With the exception of cases when a statement on the establishment of paternity was submitted by him against his will (under the influence of threats, violence, or in a state where the citizen was not able to understand the significance of his actions or direct them).
Circumstances in which a person is not entitled to challenge his paternity
In some cases, a person is not entitled to dispute paternity (motherhood). The court dismisses claims challenging the parental record in the following circumstances.
A spouse who has consented in the prescribed manner to the use of assisted reproductive technologies in relation to her spouse is recognized as the father of her child and has no right to dispute her paternity, the exception is when there is evidence that the spouse became pregnant not as a result of using assisted reproductive technologies.
Persons who were donors of germ cells that were used in the application of assisted reproductive technologies are not entitled to dispute the motherhood and / or paternity of a child born as a result of assisted reproductive technologies.
A surrogate mother, a woman who has entered into a surrogate motherhood agreement with a surrogate mother, as well as their spouses, who have agreed in the prescribed manner to conclude a surrogate motherhood agreement, are not entitled to dispute motherhood and / or paternity of a child born to a surrogate mother, unless there are evidence that conception did not occur as a result of assisted reproductive technology.
The procedure for applying to the court with a claim to challenge paternity
According to article 47 of the Civil Procedure Code of the Republic of Belarus, a statement of claim is presented to the court at the place of residence of the defendant. If the place of residence of the defendant is unknown or the defendant does not have a place of residence in the Republic of Belarus, a lawsuit may be brought at the location of the property of the defendant or at the last known place of residence in the Republic of Belarus.
Attached to the statement of claim:
– copies of the statement of claim and the documents attached to it to the respondent and third parties.
– state duty receipt;
– copy of the birth certificate of the child;
– extract from the civil registry
– evidence confirming the absence of consanguinity with the child.
Evidence confirming the absence of a biological connection may include any evidence established using evidence:
– explanations of the parties and other persons legally interested in the outcome of the case;
– witness’s testimonies;
– written and material evidence;
– results of forensic medical examinations (forensic-gynecological examination, biological, molecular genetic examination and others can be carried out);
– other documents (personal correspondence, photographs, examination data).
The application for the appointment of a genetic examination, the inclusion of other additional evidence, the court satisfies during the trial.
Enforcement of a court decision challenging paternity
In the event that the claim for contesting paternity is satisfied, the court shall take an appropriate decision. In the operative part of the decision, the court indicates which record is incorrect (which body of registry of acts of civil status made it, the number and date of the record, with respect to which persons it was made), what changes or corrections must be made to it.
Until the record is recognized as invalid in the manner prescribed by law, persons recorded as a father or mother have all the rights and obligations of the parents with respect to the child and cannot refuse to make them, referring to the incorrectness of the recording.
Our law office has extensive experience representing our clients in challenging parental records. Our advocates for disputing parental records are ready to provide you with the following legal assistance in disputing parental records:
– verbal and written consultations regarding the contestation of the parental record .;
– Representation and protection of interests in the courts on issues of contesting the record of parents.
If you have questions and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
