A sample statement of claim to the court to challenge paternity at the birth of a child in marriage, taking into account changes in the current family legislation and the prevailing judicial practice.

Rights and obligations between children and parents arise only if the relationship is confirmed by documents issued by the civil registry office, or by a court decision on an application to establish the fact of a family relationship. If the issue of determining maternity is resolved by obtaining a medical document at the maternity institution, then for fathers the issue is resolved in other ways.

First, paternity is determined by the presence of marriage. A man married to a woman will in any case be recorded as the father of the child on the birth certificate. This basis applies if the child was born within 300 days of the divorce.

Secondly, paternity is determined by a joint application by the father and mother of the child to the registry office. This basis is applicable if the father is not married to the child’s mother and voluntarily acknowledges his paternity. If at the time of recording the father knew that he was not one, then his application to challenge paternity cannot be satisfied by the court.

Thirdly, paternity is established by a court decision. If the alleged father of the child is alive, but refuses to submit an application to the registry office voluntarily, or the child’s mother refuses to recognize the man as the father, a claim is filed in court to recognize paternity. If the putative father has died, then an application is submitted to the court to establish the fact of recognition of paternity through special proceedings.

The right to bring a claim to challenge paternity belongs to those people who are registered as the child’s parents, or those who are actually the father or mother. The application can be submitted by the child’s legal representative or by the child himself after reaching the age of majority.

The application is submitted to the court at the defendant’s place of residence and falls within the jurisdiction of the district court. When filing a claim, a state fee in the amount of 200 rubles is paid.

Witness testimony and written evidence indicating the absence of paternity are accepted as evidence to challenge paternity. Usually, a written request to obtain evidence requires a card of the pregnant woman and the woman in labor. If there is insufficient evidence, genetic testing can be requested.

The best results when filing an application in a court of general jurisdiction can be achieved by knowing general principles and rules for drawing up procedural documents.

IN __________________________
(name of court)
Plaintiff: ______________________
(full name, address)
Respondent: ____________________
(full name, address)

STATEMENT OF CLAIM
about challenging paternity

“___”_________ ____, a marriage was registered between me and the defendant _________ (full name). Since “___”_________ ____ we have not lived together due to _________, the marriage relationship between us has been terminated. Since that time we have been living separately, we are not running a joint household, although the marriage has not been officially dissolved.

“___”_________ ____ the defendant gave birth to a child _________ (full full name of the child), about which an act record No. ____ dated “___”_________ ____ was drawn up in the registry office _________ (name of the registry office). Since at the time of the birth of the child we were married to the defendant, on the basis of Part 2 of Article 48 of the Family Code of the Russian Federation, I am listed as the father of the child, but I am not the biological father of the child. The child was unreasonably assigned my last and patronymic names. This is confirmed by the fact that _________ (indicate why the plaintiff does not consider himself the father of the child).

Based on the above, guided by Article 52 of the Family Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,

1. To establish that I _________ (full name, date and place of birth of the plaintiff) am not the father of _________ (full full name, date and place of birth of the child), born to _________ (full full name of the child’s mother).
2. In the birth certificate entry No.____ dated “___”_________ ____, compiled by the _________ department of the Civil Registry Office on _________ (full name, date and place of birth of the child), information about _________ (full name, date and place of birth of the plaintiff), how to exclude the father.
3. Restore the original data entered into the birth certificate in the columns “Information about the father” before paternity was established.
4. Change the child's last name from _________ to _________ (according to the mother's last name).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Marriage certificate
4. Copy of the child's birth certificate
5. Evidence excluding the actual possibility of paternity of the plaintiff

Date of application “___”_________ ____ Signature of the plaintiff _______

Challenging paternity is allowed by the legislator only in court through a claim proceeding. Such a judicial procedure is necessary to document the relationship between the actual father and the child or to document the absence of such relationship between the child and the man previously recorded as the father.

Legal relationships between parents and children arise only if there are appropriate legal documents issued by the Civil Registry Office, or a court decision establishing the fact of family relations. Therefore, challenging paternity is in some cases a necessary procedure for the emergence (or termination) of the legal rights and obligations of the father and child.

Procedure for filing a claim

To challenge paternity, the interested person must file a corresponding claim with the courts, demanding to change the father’s data previously specified in official documents. At the same time, you can file a claim in a lawsuit.

In practice, there are three main reasons for filing a claim challenging paternity:

1. The actual father wishes to acknowledge his paternity, but another man is already recorded on the child’s birth certificate as the child’s father;
2. The citizen registered as the child’s father is not actually the parent and wants to officially challenge his paternity;
3. Other interested citizens who have the right to file a claim to challenge paternity (the child himself, who has reached the age of majority, or his mother, or legal representative), wish for some reason to terminate the legal relationship between the child and the citizen who is registered as the father, but who in fact is not the father. .

According to procedural rules, only a certain circle of persons have the right to file claims:

• persons registered in the registry office as the child’s parents;
• citizens who are actually parents;
• legal representative of the child;
• himself an adult child.

The legislator has provided certain restrictions on the right to make claims challenging paternity for a citizen who is recorded as the father, but is not one. If paternity was determined by the presence of a marital relationship, when the registry office authorities are obliged to register the mother’s official spouse as the father of the child, the fact of paternity can be challenged without any restrictions.

If a man who did not have a marital relationship with the child’s mother submitted a voluntary application to the registry office for, it is possible to challenge this fact only if there is evidence that the man considered the child his own. When the father at the time of recording knew that in fact he was not one, his claim challenging paternity cannot be satisfied by the courts.

Claims aimed at challenging paternity are classified by procedural law as claims of general jurisdiction. Accordingly, the claim is filed in the office of the district court, at the address related to the defendant’s place of residence.

The application is accepted by the court office if the state fee has been paid by the plaintiff. With a positive court decision You will subsequently have to pay a state fee for the registry office to make changes about the child’s father in the vital records and issue the child a new birth certificate.

A statement of claim demanding to challenge the fact of paternity must, in form and content, meet the requirements of Articles 131 and 132 of the Russian Civil Procedure Code. The text of the claim must indicate the details of the plaintiff, defendant, child, contain reasoned justifications for the claims and a description of the evidence.

In a statement challenging the paternity of a child born during marriage, it is required to indicate a specific date for the actual termination of the marital relationship. As an alternative, the period from which the official spouses, registered as parents, lived separately and did not maintain a common household is indicated.

In the claim, it is advisable to focus on the fact that the newborn appeared precisely during the period of actual absence of real family relations.

This is necessary to prove that the official spouse is not in fact the biological father of the child, but was automatically registered by the registry office employees, since he was the legal husband of the child’s mother.

When the plaintiff subsequently decides to challenge this fact, he must prove to the court (respectively, by presenting his evidence in the text of the claim) that he has the appropriate procedural right to do so. Such a right appears if circumstances indicating that the man who voluntarily recognized paternity is not the biological father arose or became apparent after the legal act of recognition of the child was completed and the corresponding registration was made.

In addition, in a claim to challenge paternity, it is required to describe evidence that clearly excludes the potential possibility of paternity of the defendant (or plaintiff). Evidence when challenging paternity may include testimony of witnesses, the conclusion of a genetic examination, documentary and other evidence permitted by the legislator confirming the absence of actual paternity. You can submit, for example, witness testimony certifying the absence of cohabitation and family relations between the spouses, a medical report about the inability of the registered father to bear children, a pregnant woman’s card and other evidence.

If there is insufficient evidence to challenge paternity, you can file a petition to have a judge order a genetic examination.

In the application, the plaintiff must set out his demands, based on Article 52 of the Russian Family Code. In the claim, the applicant must demand to oblige a specific territorial registry office, by a court decision, to cancel in the vital record identifying the child’s parents, the entry about the applicant (or the defendant) as the father of the child.

A claim to challenge paternity is usually accompanied by documentary evidence of the stated facts and other attachments:

• child's birth certificate;
• Marriage certificate;
• confirmation of payment of state duty;
• divorce certificate;
• documentation excluding the actual possibility of paternity of the applicant (or defendant).

Sample statement of claim

Below is an example of a claim to challenge paternity that meets the procedural requirements.

In ___________________________ (name of the district court)

Plaintiff: ______________________________ (plaintiff’s details, address)

Defendant: ___________________________ (defendant’s details, address)

Statement of claim
about challenging paternity

“_____” __________________ I registered with the Defendant _________________________________________

_________________________________ (full full name of the defendant) marriage.

We have not lived together since ______________________ due to _______________________________________

_________________________________________ (indicate the reason), and “_____” _________________________ our marriage was dissolved.

The fact of separation is confirmed by _____________________________________________________________________________________________________

____________________________________________________________________________________________________

(it is required to list and describe evidence indicating the actual absence of family relations between the Plaintiff and the Defendant and the absence of a joint household).

“_____” _______________ year the Defendant had a child ________________________________________________ (child details). Since at the time of the birth of the child our marriage had not yet been dissolved, I was recorded as the father of the child.

I am not the biological father of ________________________________________________________ (child’s details), and my last and patronymic names were assigned to him unreasonably. It's confirmed ____________________________________________________________________________________________________

____________________________________________________________________________________________________ (indicate the circumstances that refute the possibility of the plaintiff’s paternity).

Based on the stated facts, guided by Article 52 of the Family Code, Articles 131-132 of the Russian Civil Procedure Code, I ask the court:

1. Establish that the Plaintiff _____________________________________________________ (plaintiff's data) is not the father of ___________________________________________________ (child's data) born to the Defendant _____________________________________________________ (defendant's data).
2. Exclude information about me as the father _____________________________________________ (child's data) from the birth certificate record No. ______ dated "____" ____________________, completed _____________________________________________________ (name of the registry office).
3. Change the child's last name from _______________________ (child's last name) to _____________________ (mother's last name).

List of applications:

1. ______________________________________________________________.

2. ______________________________________________________________.

3. ______________________________________________________________.

Giving a man the role of father in family law is a more complex process than establishing the fact of relationship between mother and child, since the mother of each specific child is a woman who received the appropriate medical documents in the maternity hospital.

With the assignment of the category of paternity, the situation is somewhat different: in accordance with the law, a man is recognized as the father in a child’s documents only after submitting the appropriate personal statement, and if a man is married, then he is automatically recognized as the father of the child.

The rule of automatic recognition of paternity also applies if the spouses have filed for divorce and the child was born either before the divorce or before the expiration of 300 days from the date of divorce.

Thus, a man may appear in documents as a father, but in fact he is not one. In this case, the man has every right. However, it is worth noting that a man can challenge his paternity only when he did not know about the birth of the child or did not know that in fact he is not the father - in all other cases, the court will not have grounds to satisfy the claim to challenge paternity.

Applications to challenge paternity are considered by district courts and sent to the defendant’s place of residence. The statement of claim must describe in detail the current situation with references to evidence confirming the impossibility of paternity.

Evidence excluding paternity can include both the testimony of witnesses (neighbors, friends, acquaintances), and the conduct of a genetic examination, the appointment of which can be applied for during the trial.

When filing a claim challenging the fact of paternity, you must pay 200 rubles.

Claim form in the category of cases challenging the fact of paternity

IN_________________
(Full title
district court)
cities_____________
Plaintiff:____________
(Indicate your last name, first name and patronymic,
as well as residential address and telephone number)
Respondent:_____________
(Last name, first name and patronymic of the defendant, also indicate all his contact information)

Statement of claim to challenge paternity

I, (F.I.O.), was in a close relationship with the defendant, (F.I.O. of the defendant). Also, a marriage was concluded between us from ______________ (indicate the date when the marriage was registered in the registry office) in ________________ (indicate the registry office department in which the marriage was registered).
Our relationship with the defendant did not work out, living together things didn’t work out, the question arose about filing a divorce between us. Divorce between me and the defendant on this moment is not officially registered, although we have not lived together since _____________ (indicate the approximate date from which cohabitation and close relationships were actually terminated), and all close relationships between us have been terminated.
The defendant __________ (indicate the date) gave birth to a child, (full name of the child), whose father indicated me in all documents, as evidenced by the entry in the child’s birth certificate and other documents, although at the time of the child’s birth and during pregnancy personal There was no relationship between me and the defendant, and I was recorded as the father in all documents on the basis of Part 2 of Art. 48 of the Family Code, since our marriage with the defendant has not yet been officially dissolved.
Based on the norms of Family Law and what I have stated above,
Ask:
1.Exclude my paternity in relation to the defendant’s child, (full name of the child and date of birth) from the register of acts _____________ (specify the registry office department)
2.Admit that I am not the father of the child (full name of the child and date of birth).
I also ask the court to summon witnesses to the court who could, during the proceedings, confirm the grounds for depriving the defendant of parental rights (further indicate the full personal data of the witnesses, as well as their contact information) and order a genetic examination that would confirm the fact that my paternity in relation to the child is impossible defendant.

Applications:
1. Copies of the statement of claim according to the number of persons in the case.
2.Copy of the child’s birth certificate.
3.Copies of marriage documents.
4.Others Required documents for the trial of the case.

Date___________ Signature___________
(date of application) (signature of the applicant with transcript)