Establishing paternity through the court in a difficult situation

Initial Data. A couple in a common-law marriage faced a serious problem: the woman, who was in the late stages of pregnancy, lost all her documents due to a fire. Their recovery proved impossible since she was born abroad and had no close relatives to assist her.

Solution. To protect the rights of the mother and child, a decision was made to establish paternity through the court.

Achieved Results. The woman was registered with the Child Services, whose representative later supported the couple in court. All necessary documents were prepared for filing the lawsuit. Witnesses were involved as part of the evidence base.

Outcome. The court officially recognized paternity, allowing the necessary documents to be issued and ensuring the newborn’s legal protection. Additionally, recommendations were provided for further recovery of the mother’s lost documents.

Establishing Maternity Through Court in Case of Lost Documents

If a woman has lost documents confirming her maternity or if the civil registry records lack the necessary entries, maternity can be established through the court.

Cases Where Maternity Must Be Established Through Court:

• The documents confirming the child’s birth have been lost.
• The birth certificate lacks an entry about the mother or contains an error.
• Legal confirmation of maternity is needed for inheritance, social benefits, and other child rights.
• The child’s documents list a person who is not the biological mother.

Who Can File a Lawsuit to Establish Maternity?

• The biological mother of the child.
• An adult child.
• A guardian or custodian.
• Guardianship authorities if necessary to protect the child's rights.

Required Documents

1. Statement of claim describing the situation.
2. Evidence of family ties (medical records, extracts, photographs, witness testimonies).
3. Documents confirming the mother and child’s cohabitation.
4. Child’s birth certificate (if available).
5. Witness statements (relatives, doctors, neighbors).
6. DNA test (optional but can strengthen the evidence base).

Once the claim is filed, the court reviews the evidence, may order a genetic test, and issues a ruling. If the verdict is positive, the mother receives official status, and the child gains all legal rights (citizenship, surname, inheritance rights, social benefits, etc.).

Recovery of Lost Personal Documents in Case of Birth Abroad

If a person has lost identity documents and was born outside Ukraine, the recovery process can be complex.

Important Documents:

• Birth certificate.
• Ukrainian or foreign passport.
• Documents confirming Ukrainian citizenship.

Key Steps in Document Recovery

1. Contacting the Consulate of the Birth Country to request a duplicate birth certificate. In some cases, a request to the registration authorities of the birth country may be required. If the country has signed the Hague Convention (1961), documents may need an apostille.
2. Restoring the Ukrainian Passport by submitting an application to the State Migration Service (SMS). Providing any available supporting documents. If necessary, undergoing an identity verification process.
3. Translation and Legalization of Documents, including notarized translation into Ukrainian and legalization or apostille, depending on the country of origin.

Official Request to Foreign Authorities

If a person has no access to the consulate, an official request can be sent to the Civil Registry Office (RACTS) of the birth country. In most cases, requests can be submitted through the Ukrainian Ministry of Foreign Affairs or lawyers specializing in international law.

If obtaining a birth certificate from the birth country is impossible, a court in Ukraine can be petitioned to establish the fact of birth. The court may consider witness testimonies, archive records, hospital certificates, and other documents.

A forensic (molecular-genetic) DNA test is currently the only method for accurately establishing paternity for a specific child. The accuracy of a positive DNA test result (i.e., paternity confirmation) is 99.999999%. The evidentiary value of such a test outweighs any other proof of biological kinship and plays a decisive role in resolving disputes of this category.