How to record a child not on her husband
How to record a child not on her husband
Record a child not on her husband if availableregistered marriage can only be provided that paternity is established in the courts. If paternity is not established, the registrar's offices automatically record on the basis of the existing certificate of marriage registration.
Family law comes from a presumptionbirth of children in the family, therefore, in the presence of a registered marriage, the establishment of the origin of the child is converted into the most simple procedure. In particular, the officials of the registry office, following the provisions of the Family Code of the Russian Federation, automatically record the husband of the mother as the father of the child, and this record is carried out on the basis of a marriage certificate. The mother of the child can not hide the fact of being in the marriage, since her passport contains an appropriate stamp. Moreover, a similar procedure is applied in the presence of divorced marriage in the event that the child is born within three hundred days from the moment of the termination of family relations. In these situations it is assumed that the child is born from a citizen with whom the woman has or had a legal marriage.
How to establish paternity?
For the recording of a child not on the husband is appliedthe procedure for establishing paternity, for the implementation of which you will need to apply to the judicial authorities. Appeal must come from the real father of the child, who applies for the establishment of a legally significant fact. The application can be submitted not only before the entry of the record of the father of the child, but also after such introduction, since the law allows the contestation of paternity. In the process of considering such cases, the courts accept and examine all evidence that testifies to the origin of the child from a particular man. In the most difficult cases, DNA expertise is used, the results of which become the basis for adjudication.What should I do after the court decision is made?
If the paternity of a particular citizenis established in court, it is necessary to await the entry into force of the relevant court decision. After this, you should contact the vital statistics office to make an entry about the father of the child. If the record was not previously entered, then on the basis of a court decision, officials of the said bodies are required to write down as the father of the citizen who is listed in the court decision. The presence of a registered marriage with another person in the child's mother in this case has no legal significance. If, before the court decision comes into force, the husband of the child's mother has already been recorded as the father, then the registrar's office corrects the entry and issues new documents to the applicants.
