Establishment of paternity in Ukraine


"Paternity establishment / acknowledgement" in Ukraine is the proper name given to the voluntary process when an unwed father becomes legally recognized as the biological father for the child support purposes and in order to have other personal and material rights and obligations as regarding the child. This issue is also governed by appropriate provisions of the Family Code of Ukraine.

Once the competent court has recognized the paternity, the father then has legal, enforceable visitation rights, and of course the monetary support responsibilities, as well, together with a lot of other personal and material rights and responsibilities.

Establishment of paternity can be initiated in several ways in accordance with clause 125 of the Family Code of Ukraine:

- upon application of both: the mother and father of the child;

- upon application of a man, who claims to be the child's or children's father;

- upon a court-determined judicial decision.

In the first scenario, as it is provided by clause 126 of the Family Code of Ukraine, paternal affiliation is established upon application of two people who are not married to each other. Such application may be submitted to the Civil Registry Office, either prior to or after birth of a child.

In the second scenario, as it is provided by clause 127 of the Family Code of Ukraine, a man, who is not married to the child's mother may file appropriate application to the Civil Registry Office with request to recognize him as the father of the child. Often, this includes situations where the mother has died, if she has been pronounced missing, deemed incapable, or if she has not lived with the child for at least of six months and does not take car of him/her. This application is accepted on the condition that the father's record has already been entered into the Birth Register in accordance with the Family Code of Ukraine, namely clause 135 of the same.

Finally, in the third scenario, which is provided mainly by clause 128 of the Family Code of Ukraine, a person, who simply claims to be the child's father may take the legal action to establish parental affiliation. However in order to do this he is to collect and present to the competent court appropriate information confirming parentage of the child and collected in accordance with the Code of Civil Procedure of Ukraine. Such information (evidences) constitutes the grounds for establishing parental affiliation by appropriate judicial decision.

The above information is provided herein in educational and informative purposes only. It is provided that you have to get appropriate legal advice as regarding the family relations of your interest in Ukraine in order to have the exact, extensive and up-to-date legal information.

Do not hesitate to contact us if you have any questions or issues of legal nature, our Law Firm is working for you and our experienced legal specialists are always ready to help providing the client with appropriate legal consultations, legal reports and summaries, reasonable legal advices and all the other requires legal support, assistance, coverage and protection.
 
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