The procedure for establishing paternity during life or after the death of the child's father must be carried out if the parents of the child are not married to each other and there is no father's declaration of recognition of their paternity.
In this article we will consider the order of the necessary actions to establish the fatherhood of the child after the death of the father in Russia and in Ukraine, since there are some differences in the procedure.
Establishing paternity after the death of his father in Russia
According to Chapters 27 and 28 of the Civil Procedure Code of the Russian Federation, the establishment of the paternity of the child after the death of the father can be done only in a judicial procedure, without limitation of the limitation period.
To do this, it is required to file a claim with the court to recognize paternity after death and evidence supporting this fact. This is done to determine the origin of the child from a particular deceased person for further receipt of his inheritance or pension for the child.
According to chapter 49 of the Family Code of the Russian Federation, if the father does not recognize the child or there is no evidence of this, the court will have to prove the fact of paternity, and according to chapter 50 of the Criminal Code of the Russian Federation, if there was recognition of paternity in life, it is only officially to establish it.
A statement of claim can be filed:
- mother of the child;
- guardian or guardian of the child;
- by the child, after coming of age.
To restore the fact of paternity after the death of his father, the court can provide such evidence as:
- letters or statements mentioning the child;
- testimony of friends and relatives;
- cohabitation or material maintenance of mother and child.
All interested parties should be invited to the hearing: relatives (heirs) of the father, guardianship authorities and the plaintiff.
After recognizing the fact of paternity in court, the child is endowed with all the rights that he would have after the death of his father if he were recognized by him during his lifetime.
Recognition of paternity after the death of his father in Ukraine
Basically, the whole process of establishing paternity after the death of the father is the same as in Russia, the difference consists in using the Family Code and all legal documentation instead of "establishing" the term "recognition" of paternity and the list of evidence provided to the court.
If the child was born before the adoption of the Family Code of Ukraine (January 1, 2004), then the court to prove paternity after
- cohabitation and common property;
- general education or maintenance of the child;
- recognition of the life of his paternity dead.
And with regard to children born after January 1, 2004, any evidence of paternity is accepted for consideration by the court. Therefore, if there is a need to establish paternity after the death of the father, it is realistic to do, even if there is no written evidence and it is not necessary to do a DNA test for this.