Contesting paternity online

Contents

Contesting paternity in Ukraine in 2021
If a person does not consider himself the father of a child, he has all the legal rights to prove it in Ukraine
Why you shouldn’t dispute paternity “for show” in Ukraine
How paternity is established in Ukraine
Why go to court in Ukraine
How is the procedure for challenging paternity in Ukraine
The claim to the court and the response of the opponent in Ukraine

Contesting paternity in Ukraine in 2021

The rights and obligations of parents and mothers in our country are determined by the Family Code of Ukraine. However, there are additional circumstances that make the father doubt the blood relationship with the baby and clarify this issue in court. How is paternity challenged in Ukraine?

If a person does not consider himself the father of a child, he has all the legal rights to prove it in Ukraine

When a man has doubts about his own paternity, he has a legal right to prove his suspicions. By common consent of the parents, a genetic examination can be made by establishing / refuting the consanguinity between the father and the child. If the parties do not agree, the doubting pope has the right to challenge paternity in court.

Why you shouldn’t dispute paternity “for show” in Ukraine

Some believe that challenging paternity is a kind of revenge on the woman, and they go to court to inflict moral suffering on the other side. In such cases, lawyers recommend, one should take into account not only legislative, but also moral standards.

How paternity is established in Ukraine

Paternity in Ukraine is established in the following ways:

On a voluntary basis, upon application to the registry office, if both parents agree. This is valid for persons living in a civil marriage, because those who are in the official state at the time of the birth of the baby are considered parents by default. This can also be done if the child’s mother is married to another man, but wishes to register him as a real biological father with the joint consent of him;
through the court if there is a dispute between the parents.

Why go to court in Ukraine

A person who does not consider himself a father can challenge paternity in court – a lawsuit is filed to exclude him from the record of the birth of a child. The usual reasons for such actions are unwillingness to take an active part in the life of the child, protection from possible claims to provide for the baby.

Has no right to dispute paternity:

the person recorded by the father, if at the time of registration he knew that he was not;
a person who has agreed to the use of assisted reproductive technology.

A claim for challenging paternity can only be filed after the birth of a child and until the child becomes an adult. In the event of the death of a child, such a claim cannot be brought.

How is the procedure for challenging paternity in Ukraine

To challenge the fact of paternity in court, you may need:

results of examinations (forensic, biological, genetic). If the person to whom the examination is assigned avoids it, the fact for which it is intended can be admitted or rejected by the court – taking into account which of the parties is evading, what significance it has;
testimony of witnesses (neighbors can confirm that the couple did not live together for a long time)
physical evidence (for example, tickets, travel tickets to confirm a long absence during the period when the wife became pregnant; evidence of infidelity, such as a photo).

The claim to the court and the response of the opponent in Ukraine

After collecting the documents and drawing up a claim, you should be present at all meetings. Opponents can present opposite results of the examination, and the court can demand a re-examination. In this case, it makes sense to apply for a comprehensive analysis (simultaneous sampling of the biomaterial of the child and both potential parents).