The lawyer spoke about the specifics of establishing paternity


The establishment of paternity can be both in the presence of marital and family relations, and without them. Sometimes it happens that after a divorce, a spouse disputes paternity and then the court, based on DNA testing, confirms or establishes paternity for another person. Oleg Dubinin, Managing Partner of Dubinin & Partners consulting company, member of the Russian Bar Association, told Izvestia on April 13 about the rights and obligations of parents and children entailed by establishing paternity.
"When establishing paternity or challenging it, a previously made entry about the father is excluded from the birth certificate and a new entry is made indicating the data of the new father. Thus, the legal connection between the child and the "old" father is completely lost, and from the point of view of the law they are considered strangers. The parties cannot even claim alimony, since from the point of view of the law these are unrelated persons. The same applies to inheritance (except in cases where the share of inheritance is written directly in the will)," he explained.
After establishing paternity, the "new" father has all the rights and obligations provided for in the Family Code, but only from the date of filing a claim for establishing paternity. That is, it is possible to collect alimony from the "new" father not from the moment the child is born, but only from the moment he goes to court to establish and recognize paternity.
According to the lawyer, after establishing paternity, the father and child are considered relatives and have all the rights and obligations stipulated by the Family and Civil Codes. There are no exceptions or discrimination in the relationship between a father and a child identified by the court. At the same time, the child fits into the passport of the "established" father, in the father's personal file and in all official documents issued by the state in the person of its various bodies.
At the same time, any discrimination against a child in terms of the fact that he has a father identified by the court is also unacceptable.
"For others, the information that the father-son relationship was established by the court is classified information that cannot be disclosed. Thus, after establishing paternity, all rights and obligations of the child with the "former" father are terminated, and all rights and obligations between the "new" father and the child are acquired. Once again, we would like to emphasize that the law does not distinguish in any way between the rights of the "original" and the court—ordered fathers, with the few exceptions outlined above," he concluded.
Earlier, on January 17, Ekaterina Bulgakova, associate professor of the Department of Labor Psychology and Psychological Counseling at the State University of Education, told Izvestia that restoring relations between spouses after a breakup is a complex process that requires patience, understanding and willingness to compromise on both sides. According to her, respect for personal space and trust are key elements of a healthy relationship.
Переведено сервисом «Яндекс Переводчик»