How to prove the fact of paternity
How to prove the fact of paternity
In the case of the birth of a child from parents who are not among themselves in an official marriage, in the absence of a joint statement of his parents or a father's statement about establishing in the registry office paternity, as well as in case of dad's evasion from parental responsibilities, prove fact paternity can be in the courts.
Instructions
1
The mother of the child, his guardian or guardian can also file a petition to the court for the establishment of paternity, as well as the person whose dependent the child is.
2
To prove the fact of paternity, you canuse absolutely any evidence: testimony of the parties and eyewitnesses, the conclusion of experts, audio and video recordings, as well as material and written evidence that the alleged man is the father of the born child.
3
Bear in mind that the court does not care at all by what time period the evidence you collected for the establishment of paternity refers.
4
In the event that the potential father of the childDenies the fact of his paternity even after providing substantive evidence on your part and on the part of witnesses, the court appoints an examination. Moreover, the court can issue such a decision at any time of the process, at the request of the parties, to the statement of interested persons, the prosecutor or on its own initiative.
5
Under the definition of forensic medical examination can be understood as either gynecological, or biological, or genetic research.
6
The most reliable method of proofpaternity is an expensive genetic examination. The court, as a rule, appoints it in the event that more simple checks did not give an exact answer to the question: "Is the defendant the father of the baby?".
7
Prove or refute paternity can be withusing answers to such questions as: "Is a prospective parent capable of procreation at all?", "Did the conception occur at the time when the alleged father was absent in the city?", "Is the origin of the child from the parents represented a group of his blood?" .
8
If the alleged father evades the forensic medical examination, the court has the right to recognize the defendant as the father of the child.
