Appointment of genetic examination to establish paternity. How to write a petition for the appointment of genetic examination in criminal and civil case (for paternity)

20.06.2019

The document form "The petition for the appointment of molecular genetic examination" refers to the "Petition" rubric. Save the link to the document on social networks or download it to your computer.

In _________ District Court of the city ___________
____________________________

Face feeding
Petition: ____________________________
civil case

Persons participating
in business: ____________________________
Address: ____________________________
defendant in civil case

Registry office registry office
cities __________
Address: __________________________________________
third person in civil case

Petition
on appointment of expertise

I me, ______________________, in _________ District Court of the city of Moscow filed a claim to __________ on the establishment of paternity.
In order to properly clarify the circumstances of this civil case believe it necessary to conduct medical and forensic molecular-genetic examination to establish my family relationship between the defendant and my son.

Each party must prove the circumstances to which it refers to both on the basis of its requirements and objections.
According to Art. 57 Code of Civil Procedure of the Russian Federation evidence are submitted by the parties and other persons participating in the case. The court has the right to offer them to submit additional evidence. In the event that the presentation of the necessary evidence is difficult for these persons, the court for their petition is assisted in the collection and extermination of evidence.

By virtue of Art. 79 Code of Civil Procedure of the Russian Federation in the process of consideration of the case of issues requiring special knowledge in various fields of science, technology, art, crafts, the court appoints an examination. Examination may be entrusted with a forensic expert institution, a specific expert or several experts.
Each party and other persons participating in the case are entitled to submit to the court issues to be resolved during the examination. The final range of issues in which the expert's conclusion is required is determined by the court. The rejection of the proposed issues is obliged to motivate.
In accordance with Art. 35 Code of Civil Procedure of the Russian Federation Persons participating in the case have the right to get acquainted with the materials of the case, making discharges from them, to make copies, declare disconnect, to submit evidence and participate in their research, ask questions to other persons participating in the case, witnesses, experts and specialists; Changing petitions, including about the recovery of evidence; give explanations to the court in oral and writing; To bring their arguments to all the issues arising during the trial, object to the petitions and arguments of other persons participating in the case.

Based on the foregoing, guided by Art. Art. 35, 79 Code of Civil Procedure of the Russian Federation,

1. Appoint a molecular genetic examination, permission to which to put the following question:
- whether the respondent, __________________, ________, the river, a native of _________, Russian citizen registered at ___________________________, the biological father of ________________, ________ was begot me, ___________..

ATTACHMENT:
Copy of this petition - 2 copies.

"___" ______________ ________ / ___________ /

It is no secret that office work has a negative impact on the physical, and on the mental state of the employee. There are quite a lot of facts confirming the facts.
At work, each person conducts a significant part of his life, so it is very important not only what he is engaged in, but also who he has to communicate with.
Gossip in the working team is quite an ordinary phenomenon, not only among women, as is customary.

I met a woman and we had a child. In the child's birth certificate, I was recorded by my father. I wrote down by the father voluntarily, since at that time I was not in paternity. After some time we broke up. Now the son is 5 years old and my ex-girlfriend sued the claim for alimony in the amount of 1/5 of my income because I already have a child from his first marriage. And so I would like to be convinced of my fatherhood. A number of questions arose:

First, whether it makes sense to submit a counterclaim on the establishment of paternity, as well as a petition for the examination of DNA, already now, while consideration of an affair about the alimony or this can be done later, if there are no questions in addition to paying alimony. (The alleged amount of alimony will not hit the budget, while the payment of expertise and lawyer in court will fly into a penny).

Secondly, the child's mother lives in a small provincial city, and there she has strong ties (as I suppose) in various urban instances, in connection with which I doubt the reliability of the results of the examination. When submitting a claim to establish paternity at the place of residence of the mother, can I apply for an examination on the establishment of paternity in another city, for example, at the place of my residence? How, at least in general terms, is the procedure of forensic medical examination?

Thirdly, on the child from the first marriage I cry alimony at oral agreement with my ex-wife, by transferring to a bank card. Does it make sense to negotiate with her so that she also filed an alimenta to court so that there were no additional difficulties?

Alexander, Moscow

Answer

Hello, Alexander

The counterclaim must be submitted where the initial lawsuit will be considered. You can apply for a particular place of expertise, but the decision on this issue will take the court, taking into account the opinions of the parties. As for the third question, let your ex-spouse submits an application for issuing a court order to recover from you alimony.

A petition for a genetic examination in order to establish paternity is an important question and it needs to be declared as part of a claim for the recovery of alimony. The cost of the forensic examination is ranging from 20 to 40 thousand rubles.

You can conduct an examination in any establishment of a country that has a license to carry out similar examinations, while you must agree with them that the institution in accordance with the expertise and take copies of the constituent documents and licenses for submission to court. The court can satisfy your petition, and may refuse. But on any decision of the court is given a private complaint, which is considered in a higher court. Therefore, in your petition, you should justify why you chose this particular institution. At the same time, if you, admit, declare the examination in Moscow, and the other side in its region, you have the right to apply for an examination in the third region again, the law does not prohibit. At the same time, the court has the right to oblige to pass biomaterials for examination in the courtroom, followed by sending it by mail.

Sample petition for genetic examination

In ____________________ (Court name)

From: __________________ (FULL NAME, address)

in civil case No. _______ on the claim __________ (FULL NAME)

to ____________ (respondent name)

A petition for the appointment of genetic examination:

In the work of the court there is a civil case No. _____ on the suit _________ (FIO of the plaintiff) to _________ (FULL NAME) O _________ (specify the essence of the requirements).

The claimant's requirements consider illegal and unreasonable, as the child is actually not my relative, and the record made in the Certificate of Birth is false. In this regard, I believe that the establishment of paternity is possible by conducting a judicial molecular genetic examination.

Based on the above, guided by Article 79 of the Civil Procedure Code of the Russian Federation, I ask: to appoint a judicial genetic examination, to allow the experts to put the question: _________ (indicate the questions for the expert). The examination of the expertise to entrust _________ (the name of the expert institution). Worth for conducting an examination Indicate who should pay for the examination).

The list of documents attached to the petition (with copies in the number of persons participating in the case):

Documents confirming the foundations for the application for the appointment of genetic examination.

Documents of the Expert Institution
Date of application of the petition "___" _________ ____

Signature _______

We believe that for this case you need to hire a competent lawyer. If necessary, with your consent, it will submit your interests in court.

If you need assistance in drafting a request for genetic testing to establish paternity, fill out the form callback, and our lawyer will contact you. Primary consultation by phone is free!

Each child dreams of a full family. And for boys, the presence of a father is almost a vital necessity. But what to do if the parents did not conclude a marriage at the time of the birth of Baby. The law gives an unambiguous answer - to establish paternity.

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phone below. It's fast and free!

In what cases is required to establish a paternity?

There are a number of situations in which to ensure the rights and responsibilities in relation to the child and the property rights of the latter, as well as to determine the social status of the child must be established paternity. It:

finding parents of a child in a "civil marriage";
the presence of a married woman's crumbs outside the legalized family;
the unwillingness of a woman to draw up the blood relationship of the father and the kid;
the confidence of a man is that it is he - the biological father of his child;
doubts of the wife of the mother of the child in his blood relationship with the baby;
doubts of the former mother's wife of the baby in his paternity, if no more three hundred days passed since the cessation of the marriage;
the death of the biological father of the child during the three days of days from the moment of the appearance of baby on the light;
death (recognition of incapacity, recognition of missing either dead, deprivation of parental rights) of the mother of the child and the refusal of guardianship authorities from the establishment of paternity on the application of the man himself.

In Russia, this issue regulated by a number of legislative and judicial documents. Among the main logically indicate:

Family Code of the Russian Federation;
CGP and Tax Code of the Russian Federation;
The law "On acts of civil status";
709th Government Decision of July 6, 1998, adopted in the development of the aforementioned law;
Resolution of the Plenum of the Supreme Court of the Russian Federation No. 9 of 10/25/1996 with clarification of some issues of application of the Family Code.

Of the legal acts of the international level it is worth mentioning Russia signed within the Commonwealth Convention on Legal Assistance and Legal Relations for Civil, Family and Criminal Affairs. It was solved by a collision about the state, the legislation of which should be guided by deciding on the establishment of paternity.

In addition, there are some and some international treaties With the participation of the USSR concerning parental relationships with children.

As a general rule (that is, if no other) paternity of a man marked by a child is established on the basis of an appropriate entry in the acts. The spouse or the former husband of the Mother of the Toddler automatically recognizes the father of the child also at the birth of the baby during the three hundred days (about 10 months) after:

recognition of invalidity of marriage,
termination of the marriage union
death of this man.

"The rule of three days", like the "marriage rule", is used as common.

With the so-called civil marriage, or if the married woman has an extramarital child, fatherhood it is possible to establish voluntarily or in court.

Register paternity Biological Father may on the basis of an independent or collaborative statement with the mother of a statement submitted to the registry office.

However, this is possible only if a woman is not in a registered marriage.

If the mother's mother is officially married to the registry office, the joint statement of this woman with another man is filed with another man or have other circumstances defined by the law that impedes the voluntary definition of paternity, the procedure for establishing the kinship of a biological parent it does not seem possible.

In this case, a man should take advantage of paternity challenge in court, and the defendant in the case of attracting a person specified by the father of the child.

The procedure for judicial determination of paternity

The procedure for establishing kinship of father with a child involves the following points. Just list them:

determining who exactly the plaintiff (Such can be the biological father, the mother of the baby, the trustee, guardian or the child himself after the achievement of the majority);
preparation and transfer to the court of claim with the necessary documents attached to it;
protection of their interests in the trial;
in case of winning the case - submission of documents in the registry office for the state registration of the kinship of the father and child;
documentary proof of paternity is issued by the registry office on the day of circulation.

This step is regulated by the Code of Civil Procedure of the Russian Federation (chapter 12, Article 131). In order for the statement to comply with the requirements of the legislation and, therefore, it was accepted into production, he it is necessary to contain the following mandatory information.:

the designation, to the court of what area a statement is filed;
the initials of the applied claim, the place of residence, and if the claim is filed by the representative, then the name (name) and the address of this representative are indicated;
initials declared by the defendant and place of his residence;
explaining the essence of the claim - it should be to state, which specifically the plaintiff sees the infringement of his right;
base submission of claims (the circumstances, evidence of the actual presence of rights violations, freedoms and legal interests of the plaintiff and the facts that underpin any circumstances);
information about the attached documents.

When writing a claim, you can also:

specify the various contact details of the applicant (his representative), the defendant - email, fax and phone numbers;
inform the Court of other additional information, which is to judge the plaintiff or its representative, significant for the trial;
say the petition, if any.

Sample statement: download form.

What documents are needed to submit a claim?

Fatherhood establishment is a legally significant effect. therefore evidence of biological kinship must be documented. What do you need to attach to the suit? It:

a copy of this statement, which will then be transferred to the respondent;
receipt either another similar document on the payment of state duty;
when submitting a claim by the representative - a documentary confirmation of the right of a representative to support the claimant's claims in court;
documents that the plaintiff justifies their appeal;
copies of justifying the claims of documents.

For now existing legislation state duty is 300 (three hundred) rubles. As you understand, the duty will certainly be paid until the moment of filing the claim.

Finally, the main thing when submitting a claim is the need and sufficiency of the cities for claims. The fact is that no evidence can have a decisive value in advance.

The Court examines each evidence separately and then determines the value of the aggregate of all of the evidence for the extent they are necessary and sufficient for the decision.

What court to contact?

Cases on the establishment of paternity refer to the competence of common courts (Chapter 3, Art. 22 Code of Civil Procedure of the Russian Federation). And first instance links in such matters district courts. World judges who, although are authorized to consider a number of cases from the field of family and legal relations, such cases are not entitled to take into production.

The question of territorial jurisdiction also has a certain meaning. So, according to the general rull of jurisdiction, claims are considered by the court at the place of residence of the defendant. But, of course, the circumstances of specific cases are different, in connection with which there are other rules of jurisdiction:

the habitat of the defendant can not be revealed. In this case, the statement of claim is being submitted at the location of the property of such a defendant or, if its property is not found, then at the last well-known place of residence within the Russian Federation;
the plaintiff has the right to apply and at the place of his residence;
before the transfer of the claim in production, the parties can change the territorial jurisdiction of the case by mutual agreement.

It may happen in such a way that at some stage it will be a concerned to another, and not originally accepted the lawsuit. But even in this case, subject to the rules of jurisdiction, who adopted the written requirements of the plaintiff the court is obliged to consider the case on the merits.

Genetic examination (DNA test)

IN as evidence of biological kinship of father and child To the suit can be attached:

letters of men in which he confesses in his paternity;
his joint photo with the baby (better - with the signature, where directly indicated about the fact of kinship);
other proving information obtained in accordance with the norms of Art. 55 Code of Civil Procedure of the Russian Federation.

but with the greatest share of probability, paternity can establish DNA examination (It is a genetic) man and child. It can be held:

on his own parent initiative (in this case, the results of its implementation are applied to the statement of claim when submitting the last to the Court);
at the initiative of the court, when paternity evidence already presented evidence is not sufficient.

In most cases genetic examination is paid. Its average cost today begins with approximately 180 euros (almost 11,000 rubles) and extremely rarely exceeds 350 euros (about 21,300 rubles).

Moreover, genetic examination can be carried out at the expense of budget funds in cases:

appointments to this expertise by the court;
the unsatisfactory property of the plaintiff (here, depending on the specified position, both partial and complete budget coverage of expenses for expertise are possible.

On the process, any of the parties or both parties together may apply to the court with a request to conduct DNA expertise to relatives.

Then it is believed that the court does not appoint a study himself, but only supports the initiative of the parties (parties). And the examination in this case will be paid. At the same time, it pays her side, which announced the request, and if the request was collaborated, the plaintiff and the defendant pay equally.

And if the father died?

A special case of establishing kinship with a child takes place when a man who wanted to establish paternity, he died earlier than managed to do it. Here should be guided by family and civil procedural legislation.

At the same time, special production is used only in relation to those born after 03/01/1996, in respect of which there is a necessary and sufficient basis for the posthumous establishment of paternity.

If the child was born in the period before the specified date, then the kinship of the father and the child is established through the statement of claim with the observance of at least one of the conditions of Art. 48 Code of Marriage and Family of the RSFSR of 07/30/1969.

With any situation, it is necessary to collect evidence that during the lifetime the deceased recognized himself by the biological father of this child. And if there is a dispute about the right (for example, when the stake in the inheritance) statement, in addition to the information required to indicate the norm of Art. 131 Code of Civil Procedure of the Russian Federation, should clearly state the purpose of recognizing paternity and evidence of its presence in the deceased.

Plus it will be necessary to submit evidence of the absence of the possibility of obtaining the applicant the necessary documentation or restoring previously lost proving information.

Read more about the establishment of paternity after the death of the Father.

Cases on the establishment of paternity in Russia are often. The same applies to the cases of determining the paternity of the dead. Relevant claims are usually applied by mothers of minor children with a view to either for the recognition of the child the heir (one of the heirs) of the deceased parent property.\u003e

Less often are the case of challenging fatherhood on the initiative of the biological fathers themselves. Most of such requirements, as practice shows, are satisfied.

If you are important to recover alimony in this situation, you can try to request.

With specific solutions of different links of the system of courts of general jurisdiction, you can find on the sites of the courts themselves, as well as on such resources as:

RosPravosudie (RosPravosudie.com);
Judicial and regulatory acts of the Russian Federation (sudact.ru) and others.

If there is a doubt whether a man of dad is a kid, you can consider existing ones. The law provides for a special examination. This procedure is carried out exclusively in a specialized laboratory that has passed state accreditation and licensed. It should be understood that the results of research do not give grounds for recognizing the fact. Certificate of paternity is issued to address the judicial instance.

Genetic examination for the establishment of paternity can be carried out on the initiative:

potential dad;
men, inscribed in the certificate of the appearance of the baby;
moms, for example, if a civil husband refuses the kid;
the child himself (when he is 18 years old).

Important: The court has no right to oblige a person to undergo a genetic examination procedure without its consent.

Legal aspects of the issue of appeal to genetic experts

To establish who the father is young, in the legal plan in two ways:

In the absence of disagreements, this fact is determined by registering the baby in the registry offices. Based on the statement of parents in the book of acts, these moms and dads are made. At the same time, the registry office is obliged to appear both to confirm the consent.
If there are differences, the question is solved in court. To establish paternity in court, a citizen initiative is needed. One of the parents can apply to the court:
- actual (whose data are made to the certificate);
- biological.

ATTENTION: Analysis of deoxyribonucleic acid (DNA) is not a mandatory procedure. The court uses other evidence of paternity. But if it is impossible to establish a fact resorts to the help of experts.

After receiving a positive decision of the court, it is necessary to form a certificate of paternity. If at this point the marriage between parents collapsed, then the question should be studied about how to communicate with the baby and what norms exist, we told about it. Make it can:

a man recognized by the dad;
mom kid;
other legal representative (relative, guardian, caring for a minor);
the child himself, if he has already achieved the majority.

Tip: Certificate of paternity is the basis for the appointment of alimony payments in favor of minor siblings, if they are not adopted by another person.

From the point of view of law, an important point is the legislative ban on the appointment of expertise by the court in an initiative order. In order for the judge to make a decision on the examination, the claim requires the claimant. A citizen may include an application for paternity establishment by conducting DNA examination:

in the initial lawsuit;
submit during the process if other evidence is rejected by the defendant (court).

Important: DNA examination of a man to paternity is appointed on the initiative of one of the parties to the process. The court cannot make people spend it.

The claim is compiled in the form described in 131 GPK. The application form is standardized. The cap can be copied by downloading any sample application. But the main requirement to establish the facting recognition is to formulate on the basis of the existing evidence base.

The body of the application is divided into two semantic parts:

A description of the facts on the basis of which is a claim. Among them are necessarily indicated:
- the data of the plaintiff, the defendant and the juvenile (all children);
- the presence of official registration of relationships (if any);
- circumstances to establish paternity through the court.
Request to establish a fact, including by conducting an examination.

Documents are compiled for the claim. These include:

copies of identity cards;
certificate of baby about the emergence of other papers.

Let's give a visual example. A statement claim for paternity was filed by a citizen Ivanushkina A. Before the appearance of a newborn, she lived with her husband in a communal apartment. The child was conceived from the neighbor, who was left before the birth in the neighboring area. Three years later, her husband died. Independently to keep the baby was difficult and Ivanushkina A. turned to a lawyer with a question how to establish paternity.

The specialist recommended to apply to the court. As evidence, it is necessary to submit a document that the child's dad lived with the plaintiff in the same apartment. This shows the form 12 or 9. They are issued by the FMS authorities. Certificates prove the registration of a citizen at a specific address in the present or past.

In addition, the lawyer explained to the woman that it is necessary for a genetic examination to establish paternity.

voluntary consent from father;
decision of the judicial instance.

Technical Moments Examination

The court makes definitions about the analysis of genetic material on such rules:

in laboratories with a state license and accreditation;
predominantly listed in the statement (if the plaintiff did not name the laboratory, then it is selected by the court).

Tip: Studies performed by laboratories not having documents are not accepted for consideration.

If the defendant refuses the examination, the court cannot force it to pass the genetic material. Judicial practice shows that the refusal is considered as the plaintiff's right. That is, on such cases, positive solutions are made without expertise.

In the task of experts, the court is obliged to indicate a list of specific issues. They relate to the study of hereditary genetic data. So, most often the following tasks are formulated:

Confirm that the provided material belongs to a specific person.
Determine the degree of likelihood that there is relatives between citizens who surrendered tests.

As a rule, the blood of a potential father and juvenile is investigated. Analyzes are selected in the laboratory in the presence of independent witnesses (understood). Test tubes are immediately sealed and sent to the study. There are two options for the examination:

blood is selected in two - potential dad and child;
additionally, the analysis of the mother is taken.

So that the man is recognized by the Father, such a result of the study is needed:

99.90% - in the presence of three samples (men, mothers and baby);
99.75% - when studying two analyzes (men and potential offspring).

According to the results of the examination, a certificate is drawn up. The results are made by the results of the research. In addition, in it, experts give unambiguous answers to the questions delivered by the court.

Tip: If paternity wants to install a man, he can turn to experts without solving the judicial instance. A positive result is the basis for a trial.

The consequences of the recognition of paternity

Most of the processes about the recognition of a man dad initiated by women. This is done in order to obtain assistance from the Father. Recognition as such leads to the emergence of the legal communication of the man and the baby:, in addition, the child can inherit the property to the parent.

To bring in accordance with the law of information on paternity, it is necessary to make changes to the record of acts of civil status. This is done in an initiative order by the plaintiff. It is necessary to attribute the decision of the judicial authority to the registry office and write a statement.

Tip: Having received a new child's birth certificate, you can write a claim for the appointment of alimony (or otherwise on the situation).

The form of a petition for the appointment of the judicial genomic-dactylocopic examination and the court definition of its appointment.

In the Butyrsky District Court the plaintiff is the data of the plaintiff. Representatives of the plaintiff: lawyer, defendant respondent data

Petition
On the appointment of forensic genetic examination

I ask you to appoint forensic genetic examination for the establishment of paternity in court of the XXX in relation to the daughters of the plaintiff - y andy in the Republican Center for Forensic Medical Examination of the Ministry of Health of the Russian Federation.

The plaintiff is the mother's mother and expenses for expensive expertise will lie heavy burden on her and her daughters. In accordance with paragraph 1 of Art. 79, PP. 3 and paragraph 3 of Art. 96 Please impose payment of expertise on the respondent's expertise.

date
lawyer

Definition

Date of the Butyrsky District Court of Moscow as part of the presiding judge,
examined in open court a civil case
According to the claim ZZZ by XXX on the establishment of paternity and recovery of alimony

Installed

The plaintiff appealed to the court with a claim for the establishment of paternity, motivating this by the fact that the defendant is the biological father of its minor subsidiaries y _ January 200_ year of birth and yy _ January 200_ year of birth. However, the defendant to recognize his paternity refused.

Before consideration of the case on the merits, the plaintiff stated a petition for the implementation of the forensic genetic examination for the establishment of paternity of its daughters. Thus, the question arises in the court requiring special knowledge in the field of genetics and medicine.

From the case file it follows that the defendant declared the claim with the claimant does not recognize, and therefore the court considers it necessary to appoint a judicial and genetic examination to establish paternity towards y and yy. Since the defendant does not recognize the claims, children are on the full dependency of the plaintiff, the Court of Expert Services payments to the defendant.

Since the examination requires a significant amount of time, the Court considers to suspend the proceedings before receiving the experts.
Based on the above, guided by art. Art. 79, 80, 246 Code of Civil Procedure of the Russian Federation, court

Determined

To appoint a judicial and genetic examination in case, entrusted to its experts from the Russian Center for Forensic Medical Examination (Moscow, ul. Garden-Kudrinskaya, House 3, Corp. 2), warn experts on criminal liability under Art. 307 of the Criminal Code. For the permission of experts to deliver the following questions:
1. Is the paternity of XXX in relation to juvenile y _ January 200_ year of birth and yy _ January 200_ year of birth.
2. At the disposal of experts to provide materials of civil affairs.
3. Payment of expertise services to assign on XXX.
4. The work is to be suspended before obtaining the results of the examination.

The definition in terms of suspension can be appealed to the Moscow City Court through the District Court for 10 days.