“He is not at all like me: eyes, hair, nose, lips - there were no such people in our family,” - such a thought is probably visited by a certain number of men. When family relationships do not go well, there is no understanding with his wife, and a grown-up son becomes unbearable and rude, a man, willy-nilly, catches himself thinking - "is he mine?"
Determining whether your child is or not will not be a big problem at present - routine genetic testing will help with this. But what about the mothers of those children whose fathers are trying with all their might to evade responsibility?
Necessary
- You will have to try a little and go through not the most pleasant procedures:
- 1. Submit an application to the court.
- 2. To appoint and conduct a genetic examination.
- 3. Establish the fact of paternity.
- 4. Enter into the right to inheritance.
Instructions
Step 1
1. No consent - the court will help.
The situations when you have to establish paternity are different. For the most part, a woman is not married to the child's father, and moreover, he is not eager to go to the registry office and register the child as his own, give him his last name, patronymic and bear responsibility for him in the future. In this case, there is no choice but to file an application with the court. The application will be considered in the course of action proceedings. (Chapter 12-22 of the Code of Civil Procedure of the Russian Federation)
Step 2
2. Genetic examination.
Any evidence of the connection between the mother and the father of the child can be submitted to the court - Internet correspondence, sms - messages stored in the phone, video photos, testimony. But more often than not, careless dads fight back to the last from their parental obligations and begin to collect dirt on their mother. In this case, the last trump card is used, against which all excuses are powerless - genetic examination.
As a rule, she is appointed at the very beginning of the trial. The court imposes on the participants in the process the obligation to ensure its conduct. That is, on the appointed day, the alleged father and child must appear at a medical institution to donate biological material. Usually, for the duration of the examination, the court suspends the proceedings (Article 216 of the Code of Civil Procedure of the Russian Federation).
But it is important to know that for the court the expert opinion is not conclusive evidence, and the result will be assessed in conjunction with all the other evidence presented.
Step 3
3. If "it's in the bag" - the establishment of the fact of paternity.
Suppose the court established the fact of paternity, and the decision came into force, the person concerned has the right to apply for a birth certificate to the registry office, where the newly-minted father will be entered. Also, an application is submitted to the court for the recovery of alimony for the child. In addition, on behalf of the child, his legal representative can lay claim to the inherited property.
