According to the general rule established by the Family Code of Ukraine, a child born in an officially registered marriage is deemed to originate from the marriage.
However, there are situations when a real father is a man with whom the mother is not married, but she wants him to appear in all documents as a father.
The state registration of the birth of a child is carried out at the birthplace of the child or at the place of residence of his/her parents or one of them.
* The state registration of the birth of a child means the production of the first official document of the child – the Birth Certificate. For this purpose, parents need to apply to the Сivil Registry Office located at the place of residence of parents or by the location of the maternity home where the child was born.
Also, the legislator provides the case if the parents of the child are not married, then the birth of the child may be registered by the place of residence of the person who recognizes himself the father of the child. In that case it is neсessary to submit two applications (The application of the registration of birth of the child and The application of the recognition of paternity).
Procedure of the recognition of paternity upon application of a person
As mentioned previously, the woman and man, who are not married, can submit The application of the registration of birth of the child to the Civil Registry Office (the application has an established form). In that case, they need to add the reference of the health care institution about the pregnancy of the woman.
The application can be submitted by a representative (the authority of the representative should be based on the notarized power of attorney), or one can send it by post, (but the applicant’s signature should be certified by the notary on the application). Such opportunity is a positive aspect of procedure and is often used in cases where the parent (or only mother / father) is not able to apply by themselves.
*Subsequently, in the paragraph “For markings”, the note on the filing by the father (mother) of the application for recognition of paternity by the representative or sending it by post is made and the data of the notary (surname and initials, notary district or state notary office) are indicated, is indicated; the date and the registration number of which the authenticity of the signature of the father (mother) of the child has been certified on the application and the power of attorney has been certified, the data of the representative (last name, first name, patronymic, place of residence).
At the beginning, the Official Record about the birth of the child is drawn up. In these cases, when drawing up such official record indicates the surname of the mother, and the patronymic and information about the father – in accordance with the application for recognition of paternity. If the parents wish to give the child the surname of the father, it is corrected in the birth certificate on the basis of the above documents.
If mother is not married and the parents do not have a joint application, the surname and the citizenship of the father are indicated by the name and nationality of the mother, and their proper name and patronymic – on the instructions of the mother in the application for state registration of birth in accordance with the article 135 of the Family the Code of Ukraine. Charts of birth record “Birth”, “Place of residence” in the “The information about father” section are not filled in this case.
The following statement is made on the application: “The mother is married to … (last name, proper name, patronymic), who according to the joint application submitted the man who is not the father of a child “, and the parents sign in this paragraph.
In this case, in the official record of birth in the paragraph “For markings”, a note is given about the submission by the applicant’s representative or sending by post and the data of the notary (name and initials, notary district or state notary office), the data of the representative (last name, first name, patronymic, place of residence) or the registration number, which was provided at the time of registration.
Procedure for recognition of paternity by the application submitted by the father who is a foreigner
The civil registration of acts is carried out in accordance with the legislation of Ukraine.
If the rules of contracts stipulate providing the specified information b odies of state registration of civil status acts are notified by the competent authorities of foreign states (usually the there are The consulates).
The documents fill in a foreign language are submit to The civil registry Offices with their translations in Ukrainian, certified in accordance with the established procedure.
* The Applications must be translated, certified by a translator and a notary, legalized or apostilled.
The procedure of the recognition of paternity by the application of the person by the application submitted by the father who is a foreigner is the same as above.
In general, the recognition of paternity by the application of a person is not a complicated process. The most important in this case is the correct organization and knowledge of legislation and requirements. This is necessary in order not to face difficulties, in the form of incorrect statement, waiting for hours at the Offices.
We invite you for a consultation, where we will give a detailed description of this procedure and warn of all risks.]]>
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