How to establish paternity after the death of the father - explanation of the Ministry of Justice
Kyiv • UNN
The Ministry of Justice has clarified the mechanisms for establishing paternity after the death of a man through court and other procedures. The process requires the submission of an application and evidence, including DNA testing and documents of consent to reproductive technologies.
Ukrainian legislation provides mechanisms for establishing paternity after the death of a man, including through the courts. The process requires the submission of an application and evidence, including DNA testing and other supporting documents, the Ministry of Justice said on Thursday, UNN reported.
Details
Reportedly, the legislation contains mechanisms to protect children's rights, including to paternity, inheritance and social guarantees.
There are various ways to establish the fact of paternity after the death of the father.
According to part three of Article 122 of the Family Code of Ukraine, if a child is born within 10 months after the death of a man, another man may be the father. To do this, a joint application must be submitted by the mother and the man who recognizes himself as the father.
At the same time, Article 130 of the Code provides for the possibility of establishing paternity through a court if the man was not married to the mother.
The court accepts the application if the paternity record is made in accordance with part one of Article 135 of the Code.
The application can be submitted by the mother, guardian, custodian, person raising the child, or the child himself or herself after reaching the age of majority.
If a child is conceived with the use of assisted reproductive technologies with the consent of the man, he is considered the father (Article 123 of the Code).
If conception occurred after the death of the man, the issue is resolved in court. In this case, you need to file an application for establishing the fact of paternity.
The court takes into account all evidence, including DNA testing, the man's written consent to the use of assisted reproductive technologies, testimony and other evidence.
