Voluntary establishment of paternity
Establishment of paternity in Belarus is carried out both voluntarily and in court. As a general rule, if persons are in a marriage relationship and a child is born, the husband of the child’s mother is recorded as the father of the child. However, questions may arise if the mother and father are not married to each other, as well as if the husband is not the real father of the child.
To establish paternity, the alleged father submits an application to the registry office. In this case, a statement from the mother is also required. If the child was not born of the mother’s husband, then the real father must submit an application to the registry office to establish paternity, attaching a notarial certification of the mother’s spouse’s refusal of paternity.
Registration of paternity / maternity through the registry office
Registration of paternity / maternity is carried out by the registry office at the place of birth of the child or at the place of residence of the parents.
To do this, parents submit a birth registration application to the registry office. There is no state fee for filing such an application, the submission of an application is free.
The registry office is obliged to register paternity / maternity within two days from the date of filing an application, for which a child’s birth certificate and a paternity / maternity certificate are issued.
Establishing paternity in court
If the unmarried mother and father of the child have not submitted a joint application for registration of paternity, then the establishment of paternity is possible in court.
An application for establishing paternity can be submitted by one of the parents, guardian or guardian of the minor, as well as the child himself who has reached the age of majority.
When making a decision, the court takes into account all available evidence, in particular, the conclusion of the examination on establishing paternity. The court may also take into account the fact of cohabitation and common household management by the father and mother of the child before his birth.
Establishment of paternity at the initiative of a parent
One of the parents can initiate the paternity process. Without the mother’s consent, the father himself may establish paternity in the following cases:
– death of the mother;
– recognition of the mother by the court as incompetent;
– the inability to establish the whereabouts of the mother;
– deprivation of the mother of parental rights.
Establishment of paternity at the initiative of the child
A child can initiate the process of establishing paternity, provided that he has reached the age of majority (18 years old). He has the right to apply to the court for establishing paternity and provide the court with evidence of paternity. Such statements are common in cases where the father has died and the inheritance is opened, but he was not officially recorded as the father of the child during his lifetime.
Examination in cases of establishing paternity
Sometimes a forensic or genetic examination is required to establish paternity. At the request of the parent, a DNA examination can be carried out.
Genetic examination is carried out by an expert institution by removing a swab from the cheek of the child and the intended parent. The accuracy of such an examination is 99.9%.
Establishing paternity after the death of a father
Sometimes it happens that the child’s father died, but was not officially recorded by his father in the documents. Then the question arises about the appointment of benefits for the loss of the breadwinner, as well as inheritance. In such cases, establishing paternity is only possible in court.
When deciding on the establishment of paternity, the court is guided by all the evidence that the deceased was the father of the child. These can be joint photographs, correspondence, videos of a father with a child. The court also examines the testimony of representatives of a kindergarten or school that the deceased took part in raising a child.
Establishment of paternity and recovery of alimony
If necessary, the mother of the child can file a claim with the court to establish paternity and recover alimony. It must be remembered that the recovery of alimony is possible only from the real father of the child, therefore, if there is a dispute, then such cases are considered in court.
The court can summon the mother and the alleged father of the child for questioning, and if in court the alleged father recognizes himself as the father of the child, then the court explains to the parties that they have the right to submit an application for establishing paternity to the registry office.
Simultaneously with the decision on the establishment of paternity, the court makes a decision on the procedure and timing for the payment of the father’s allowances. When considering such cases, the court requires copies of the child’s birth certificates, the defendant’s certificate of income and other documents.
Establishing paternity and receiving inheritance
The heir has the right to receive an inheritance only when contacting a notary when providing (if a will was not drawn up in his name) documents confirming the relationship with the deceased. If the family actually existed, but was not legally registered, and the father does not appear as such in the documents, then after his death the adult child has the right to apply for the establishment of paternity.
After the death of a person, it is difficult to carry out an examination to establish paternity, but it is also possible. In addition to the forensic data, the court is guided by written evidence and testimony of witnesses.
Our lawyers have extensive experience in representing the interests of our clients on the establishment of paternity and maternity in the Republic of Belarus. Our attorneys for establishing paternity and maternity are ready to provide you with the following legal assistance in establishing paternity and maternity.
– oral and written advice on the establishment of paternity and maternity;
– representation and protection of interests in courts on the establishment of paternity and maternity;
– consultations and representation of interests on the establishment of paternity and maternity, where one of the child’s parents is a foreign citizen.
If you have questions related to establishing paternity and maternity, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
