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Publication date: 24.01.2025
Master of Laws, I can provide nutrition and provide local consultations and support clients with the following services: The employer's protection from the procedure for renewing a job before senior workers, including those under contract; Zachist rights creditor oberzhuvacha; Inquire about the establishment of Fatherland and adoption; Establishment of the right of authority to a land plot; Procedural assistance in registration.
Input data: application of a spouse who lived in a civil marriage. The wife was in the last stages of pregnancy.
Problem: loss of all the mother's documents in a fire, inability to restore them, since the woman was born in a foreign country, had no relatives.
Resolved: to recognize paternity through the court.
Persons received: registration with the Children's Service, whose representative later appeared in court on the spouses' side; preparation of documents for submission to court, involvement of witnesses
Result: registration of paternity, protection of the rights of the newborn child. Recommendations were provided regarding the mother's further actions in restoring lost identity documents. (additional possible costs: DNA examination);
To restore parental rights in a situation where documents confirming paternity were lost due to a fire, you need to go through several stages. Below is a step-by-step instruction:
1. Obtaining duplicates or new documents
- Contact the DRACS (Registry Office) department at the place of registration of the child's birth to obtain a duplicate of the child's birth certificate.
- If the specified records have not been preserved, DRACS employees will help you apply for data recovery from the archives.
2. Applying to archival institutions
If the child's birth records have been destroyed, contact the regional archives. They may store copies of registration documents, including birth records.
3. Courtly establishing paternity
If all attempts to restore the documents have failed, contact the court. To do this:
- File an application to establish paternity.
- The evidence provided may include:
- testimonies from relatives or acquaintances;
- photographs, correspondence, other documents confirming the relationship with the child;
- DNA test results.
A lawyer for the restoration of parental rights in Poland can also work under the legislation of Ukraine remotely, providing services to clients in Ukraine. Thus, legal assistance in the restoration of parental rights becomes available even if the lawyer has left abroad for permanent residence or even as a refugee with the beginning of a full-scale invasion. So there are several important situations in which a lawyer helps online. This is the restoration of parental rights after deprivation, when documents are lost or when documents are destroyed. At the same time, the procedure for restoring parental rights is similar in different situations.
If you are abroad and you need to restore parental rights in Poland under Ukrainian law, a lawyer who moved from Ukraine but has a legal education from Ukraine can provide it. Of course, you need to consult in advance for this. So our lawyer can provide consultations on family law in Poland to any Ukrainian who is in Europe. This applies to both the restoration of paternity in Poland and the restoration of maternity in Poland.
4. Restoration of parental rights
If you have lost parental rights before, and not just documents, file an application with the court to restore them. The court will consider the following aspects:
Changes in your behavior, lifestyle, financial and emotional status.
The child's interests and their attitude towards you.
No threat to the child in the future.
It is recommended to contact a lawyer who specializes in family law. He or she will help you properly prepare the documents and represent your interests in court.
For specific advice, depending on your situation, contact your local guardianship authority or a lawyer.
