“How to establish paternity after the death of his father – explanation of the Ministry of Justice has explained the mechanisms of paternity after the death of a man through court and other procedures. The process requires the application and evidence, including DNA expertise and consent documents to reproductive technologies.”, – WRITE ON: Unn.ua
Details
The legislation is reportedly contains mechanisms to protect the rights of the child, in particular on paternity, inheritance and social guarantees.
There are different ways to establish the fact of paternity after the death of the father.
According to part 3 of Article 122 of the Family Code of Ukraine, if the child was born within 10 months after the death of the husband, the father may be another man. To do this, it is necessary to submit a joint statement of the mother and a man who recognizes himself as a father.
At the same time, Article 130 of the Code provides for the possibility of paternity through court if the man was not married to his mother.
The court accepts the application if the parent is recorded in accordance with part one of Article 135 of the Code.
The application may have a guardian, a guardian, a person who raises the child, or the child himself after reaching the age of majority.
If the child is conceived with the use of ancillary reproductive technologies with the consent of the husband, he is considered a father (Article 123 of the Code).
If conception occurred after the death of a man, the issue is resolved in court. In this case, it is necessary to apply for the fact of paternity.
The Court takes into account all the evidence, including DNA examination, the written consent of the man to the use of auxiliary reproductive technologies, testimony and other evidence.