Recognition of Paternity in Court

Recognition of paternity in court is required when the child’s origin from a specific man was not registered voluntarily through the civil status registration authority, but this has legal importance for the child, the mother, or the person who considers himself the father.

Such cases are not only legal but also deeply personal. They may concern the child’s right to know the father, receive support, obtain inheritance rights, correct the birth record, and regulate the father’s future participation in the child’s upbringing.

VINCO’S attorneys provide comprehensive support in paternity cases: we review the birth record, determine the correct legal remedy, prepare the claim, collect evidence, support DNA testing and represent the client in court.

If the mother and father of the child are not married to each other, the child’s origin from the father may be determined by a joint application of the mother and father or by a court decision. If there is no voluntary application, an interested person may apply to court.

Judicial recognition of paternity confirms the legal relationship between the child and the father. After the judgment enters into force, the civil status registration authority amends the birth record and issues a new birth certificate.

In some cases, the issue is not limited to recognition of paternity. It may be necessary to choose a related legal remedy: establishment of the fact of paternity after the man’s death, challenging an existing record of the father, or combining paternity recognition with child support claims.

• the child’s father refuses to submit a joint application to the civil registration authority;
• the father in the birth record was entered based on the mother’s statement;
• the man actually recognized the child but paternity was never legally registered;
• the mother wants to establish paternity to claim child support;
• the man considers himself the father and wants legal confirmation of paternity;
• the adult child wants to establish origin from the father;
• paternity must be established after the man’s death for inheritance, social or other rights;
• DNA testing must be requested or the other party avoids participation in testing;
• one party lives abroad, cannot be contacted or does not appear in court;
• paternity issues must be coordinated with child support, upbringing, residence of the child or inheritance matters.

A paternity claim may be filed by the child’s mother, guardian or custodian, a person who maintains and raises the child, the child after reaching adulthood, or a man who considers himself the child’s father.

If the man died without legally registering paternity, another procedural mechanism may apply – establishment of the fact of paternity. In such cases, it is especially important to formulate the claim correctly, identify interested parties and prepare evidence.

Any information confirming the child’s origin from a specific person and collected in accordance with procedural rules may be used as evidence. A court-appointed molecular genetic test is usually the strongest evidence, but the court evaluates all evidence as a whole.

• birth certificate or extract from the civil status register;
• extract confirming how the father was recorded;
• messages, photos, videos, joint trips, money transfers, gifts or other evidence of actual family relations;
• proof of cohabitation, joint household or the man’s participation in pregnancy and the child’s life;
• witness statements;
• medical documents, pregnancy and childbirth records or documents confirming the location of the parties at a certain time;
• molecular genetic expert report or a motion for court-appointed testing.

DNA testing is often crucial in paternity cases. The attorney prepares a motion for its appointment, formulates questions for the expert, proposes an expert institution, and supervises payment and the procedural collection of samples.

If a party avoids participation in the expert examination, this does not automatically mean victory or defeat. The court evaluates the party’s conduct, the importance of the examination and the other evidence. Therefore, the procedural strategy must be prepared in advance.

1. Initial consultation and analysis of the family situation.
2. Review of the child’s birth record and selection of the correct legal remedy.
3. Analysis of evidence, witnesses, correspondence, documents and case risks.
4. Preparation of a claim or an application to establish the fact of paternity.
5. Preparation of evidence and procedural motions.
6. Filing with the court and support during the opening of proceedings.
7. Representation of the client in court hearings.
8. Preparation and filing of a motion for molecular genetic testing, if necessary.
9. Support in obtaining the judgment and monitoring its entry into force.
10. Support with amending the birth record and obtaining a new birth certificate, if needed.

Recognition of paternity is often the first step toward resolving other family or inheritance matters. Before filing, it is important to assess whether additional claims should be included or prepared separately.

• child support;
• father’s participation in the child’s upbringing;
• determination of the child’s place of residence;
• change of the child’s surname, name or patronymic;
• challenging a previous record of the father;
• inheritance rights of the child or father;
• social payments, benefits or other rights connected with the child’s origin.

• passport details and taxpayer number of the client;
• child’s birth certificate or civil status extract;
• information about the mother, the child and the person whose paternity must be recognized;
• documents on marriage, divorce or the mother’s marital status at the time of birth, if relevant;
• available evidence of actual relations, cohabitation, communication or the man’s participation in the child’s life;
• messages, photos, videos, bank transfers, medical records and witness information;
• information on the defendant’s place of residence or stay;
• documents related to inheritance or the man’s death, if the fact of paternity must be established;
• previous court decisions or civil registration documents, if any.

Paternity cases may seem straightforward only at first glance. An incorrect legal remedy, wrong identification of the defendant or interested parties, absence of a DNA testing motion or insufficient evidence may delay the case or result in refusal of the claim.

• filing the wrong type of application or claim;
• failure to account for the existing father record in the birth certificate;
• absence of a request to amend the birth record;
• incorrect questions for the expert;
• difficulties with serving or summoning a defendant abroad;
• risk of delays caused by avoidance of DNA testing;
• failure to consider child support, inheritance or other consequences of the judgment.

VINCO’S attorneys help clients go through paternity recognition proceedings correctly and without unnecessary procedural risks. We analyze the situation, determine the best legal remedy, prepare the claim or application, build the evidence base and represent the client in court.

The VINCO’S team also supports DNA testing, responds to avoidance by the other party, prepares procedural documents, participates in hearings and helps amend the birth record after the court decision.

Our goal is not only to obtain a judgment but to ensure real legal registration of paternity and protection of the rights of the child, the mother or the person who considers himself the father.