The Supreme Court of Ukraine (hereinafter – SCU) formulated a legal opinion concerning cases that should be regulated by the norms of the Code on marriage and family (from 1969) or by the provisions of Family Code of Ukraine (from 2004) on recognition of paternity and alimony.
Thus, the Family Code and the Code on marriage and family provide very different grounds of acknowledgment of paternity by the court, in connection with which the Supreme Court in its resolution from 25. 02. 2015 noted that in deciding about the law which should be applied in resolving the dispute, date of child birth should be the basis for determining.
Hearing disputes of recognition of paternity of a child born before 01. 01. 2004 the rules of the Code on marriage and family should be applied, referring to all the evidence that reliably confirm the acknowledgment of paternity by the defendant. But the resolution of disputes concerning recognition of paternity of a child born after 01. 01. 2004 should be carried out by FC of Ukraine by all evidence about the origin of the child from the particular institution.
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