Establishing paternity

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This section will contain articles on the most common topics, on frequently encountered problems, one way or another related to questions about children, families, the rights of pregnant women and women with minor children.

Today I will tell you on establishing paternity. This article was published in the March 2017 magazine "Liza. My child", for which I am a freelance correspondent.

You will be a dad ... voluntarily or forcedly!

It happens that a woman gives birth to a child without receiving the “blessing” of her beloved for his appearance. She did not receive a marriage proposal from him either. Moreover, the newly-made daddy quietly disappears from the life of a recent lover, leaving no material trace behind him. What to do?

It also happens (by the way, very often) that actually stopping marital relations, former spouses do not officially dissolve their marriage. At the same time, they create new families and, as a result, children are born. So, in the father column of a baby born in such a “marriage”, in his first document (as well as within three hundred days from the date of divorce, recognition of it as invalid, or from the moment of the spouse’s death), the name of his mother’s legal husband will flaunt.

Or vice versa, partners live together, they are doing well - they consider the marriage stamp in the passport to be superfluous. The matter, as they say, is master's, but in the birth certificate of their newborn baby "automatically" (only on the basis of medical certificate from medical institution where the birth took place) only information about the mother is entered. In order for a record about his father to appear in it, parents need to take special care of this.

There are many situations, even more questions. We will deal with each of them in detail. After reading this article, you will know:

What are the ways to establish paternity?

How is the procedure for establishing paternity through the registry office,

Features of establishing paternity through the court,

On establishing paternity by DNA,

Why and when is paternity established?

What legal consequences will follow after its establishment.

Ways to establish paternity

Paternity can be established if information about the father in the record of acts civil status and no birth certificate. Paternity can be established voluntarily, through the registry office, or judicial order.

It is clear that this issue is resolved in court in the absence of the consent of one or the other parent or the death of the father or mother. Let's take a closer look at all these questions below.

One more moment. In the event that the spouse is not the father of the child, but is recorded as such in the documents, the information about the father in the act record can be challenged in court at his request, at the request of the mother, or biological father child. That is, in this case It's not about establishing paternity, but about challenging it. It is necessary to challenge paternity in court with the participation in the case of the person indicated by the father of the child.

For dads! The father himself can establish his own paternity. This occurs in the following cases: the mother’s unwillingness to register paternity on a voluntary basis, the death of the mother, her recognition as incapacitated, if it is impossible to establish her location or deprivation of the mother parental rights if there is no information about the father in the child's documents. With the consent of the guardianship and guardianship authorities, you can apply to the registry office, otherwise - to the court.

Voluntary establishment of paternity

If the mother at the time of the birth of her baby is not in a registered marriage, then with the father of the child she can apply to the civil registry office with a joint application to register his paternity. This is a fairly simple procedure.

The man voluntarily expresses his will to recognize the child indicated in the application as his father, and the child's mother gives her consent to this. In this case, the man may not be the biological father of the child; blood relations between them is not required.

Men, take note! It should be noted that if, when registering the establishment of paternity in the registry office, the man knew that he was not the birth father of the child, he loses the right to challenge his paternity in the future in relation to this child due to the lack of blood connection between them.

An application to the registry office is submitted in writing state registration the birth of a child or after it, providing a previously issued birth certificate. If one of the parents is not able to personally submit such an application, his will is drawn up separately and certified by a notary.

You can apply for the establishment of paternity even to future parents who are not married to each other. However, only if there are circumstances giving reason to believe that the filing joint statement after the birth of a child may be impossible or difficult. For example, dad is sent on a long business trip abroad. If there is such an application, the state registration of the establishment of paternity is carried out simultaneously with the state registration of the birth of the child.

Establishing paternity in court

Establishing paternity in court can be of two types - in lawsuit proceedings and in special proceedings.

Establishing paternity in a lawsuit

First, let's define what a claim is. The main component of this type of proceedings in civil proceedings is the existence of a dispute between two (or more) participants. Participants are endowed with the status of a plaintiff (one who claims a violation of his right, legitimate interests) and a defendant (who defends his position, challenging the claims of the plaintiff).

Here the dispute will be - non-recognition by one of the parents of the origin of the child from a particular man.

One of the parents, a guardian (custodian), a person who is dependent on the child or the child who has reached the age of majority can file a claim with the court.

If the child lives with the plaintiff, the lawsuit is filed in a federal court of his choice: at the place of residence of the defendant or at his place of residence. If the child lives with the defendant, then the territorial jurisdiction is determined only by the place of residence of the latter.

You can immediately, in the same lawsuit, make a claim for the recovery of alimony. It should be noted that alimony will be collected from the moment paternity is established. For the previous period, from the moment of the birth of the child, alimony cannot be collected.

Establishment of paternity in the order of special proceedings

There is no dispute - there is no analysis, that is, action proceedings. However, there are sometimes legal obstacles to exercising their rights. To eliminate them, it is necessary to confirm or refute the existence of a legal fact, certain circumstances, legal status citizen. Only a court can do this.

In our case, by way of special proceedings, the establishment of paternity is required when the father of the child, who is not married to his mother, has died, but during his lifetime recognized himself as the father of this child. The legal fact here will be the fact of recognition of paternity. The application can be submitted to the court at the place of residence of the applicant.

Such an establishment of the fact of recognition of paternity is most often required to include the child in the number of heirs and receive an inheritance, as well as to assign a survivor's pension to the child.

It should be noted! Even if the deceased left a will in favor of other persons, then in the event of establishing paternity minor the child will be entitled to a compulsory share of the inheritance.

If the application is satisfied, you can make changes to the birth record of the child and give the child the father's surname, as well as change the patronymic.

In addition, if there is no dispute about the right, within the framework of special proceedings, the court considers cases on the introduction of corrections, changes or exclusion of information about the father in the civil status records.

A woman who has a child before the expiration of three hundred days after the dissolution of the marriage or the death of her husband, if his father is another man, can apply to the court with such a statement. Since in this case, the father of the baby is registered as the former or deceased during specified period spouse.

Why exactly three hundred days? This is the maximum possible term pregnancy. This rule is designed to protect the interests of women. If at the dissolution of the marriage she was pregnant, the father of the child is responsible for his upbringing and maintenance. A woman will not be forced to prove paternity ex-spouse, - the fact of the conclusion of a legal marriage between them serves as evidence under the law.

Genetic Forensics: Evidence for Everyone?

Many people think that it is enough to conduct a DNA test, come with the results to the registry office or attach them to a claim for the recovery of alimony from a negligent dad, and with one stroke of a pen, information about the father is written down where necessary and a writ of execution about his maintenance obligations flew to his work.

Unfortunately no. If the father, newly made by genetic examination, continues to resist and does not go with the mother of his child to the registry office to voluntarily establish paternity, then going to court is inevitable.

During the trial, the court may, at the request of one of the parties to the process or on its own initiative, order a blood test using the method of genetic or genomic fingerprinting or, more simply, conduct a DNA test to establish paternity. And only with the consent of the other party. This examination is not compulsory by the court.

However, the court cannot justify its decision only on the results of the DNA examination, since, according to the law, the results of the examination are one of the evidence in the case and must be evaluated in conjunction with others. Because none of the evidence has a predetermined force for the court.

Nonetheless, arbitrage practice strongly suggests that ninety-nine percent of paternity cases where a forensic genetic expertise With a positive result are decided in favor of the plaintiff. In addition, if the claim is satisfied, the cost of the expert examination, if it was paid by the plaintiff, may be borne by the defendant.

It is interesting! The genetic literature describes a case in Norway filed by the mother of a child who was born with a special rare structure of fingers - brachydactyly (shortening of fingers, more often on one hand, due to shortening of the middle phalanges). The defendant denied paternity, but when he was asked to show his hands at the court session, it turned out that he also had brachydactyly. He was recognized as the child's father; the decision was based on the fact that brachydactyly is determined by a gene that can be passed down from generation to generation and is so rare that the probability of fathering another man with the same gene is extremely small. At the same time, the absence of brachydactyly in a child would not exclude paternity, but would not allow a decision to be made without other evidence. Such a case is casuistry, and a modern court would hardly be satisfied with this proof.

Legal Consequences of Establishing Paternity

Before you decide to take a step to establish paternity, you need to think it over carefully, taking into account all the consequences that may arise in the future.

And they will not keep themselves waiting long if the mother needs to obtain the consent of the father of the child to commit certain actions. For example, to travel abroad to some countries or change the surname. After all, it is unlikely that a father who did not want to consider himself as such will flare up with paternal feelings for a child as soon as the court decision comes into force. And he will not treat his mother warmer, especially after litigation.

Another option is not excluded. Dad, for quite now legal grounds, may want to take part in the upbringing of the baby: see him as often as possible, take him to his place for the weekend, holidays.

Where is the problem here? On the contrary, it's wonderful!

Undoubtedly, this is basically the case. But experience shows that often mothers go to establish paternity only for the sake of alimony. Their plans did not include the communication of the child with the father (sadly, since they have every right to know and love each other). As a result: alimony is cheap (to be honest, gray salaries are not uncommon in our country), but habitual way the life of a mother with a child will have to change. Don't want to? Then the father will go to court with a lawsuit to determine the order of communication with the child, and the mother will be obliged not to obstruct their dates.

Move on. If a father is identified for a child, then his mother loses the status of a single mother, even if established father will avoid paying child support. Accordingly, a single mother who has established paternity will no longer have benefits.

After making changes to the record of the child's birth in connection with the establishment of paternity, the registry office is obliged to inform the authority social protection populationat the place of residence of the mother of the child within three days from the date of state registration of the establishment of paternity.

Now let's look at inheritance law. Undoubtedly, establishing paternity is beneficial if the father has property. But will it remain with him at the time of death? Will it be bequeathed to others? Please note that only minors are entitled to the compulsory share in this case.

On the other hand, we must not forget that the heirs of the first stage (if there is no will) are both children and parents (and mother and father equally), if they outlive their children.

However, the purpose of this part of the article is by no means to dissuade mothers from establishing paternity, but to pay attention to various nuances. It is more important for a child to see a “live” surname, first name, patronymic, even if the father is unknown to him, in his birth certificate than empty lines with official dashes.

Who knows, maybe establishing paternity will be the first step strong relationship between dad and child, the appearance in the life of the last one more grandparents, other relatives on the father's side, for which the son or daughter will later tell their mother thank you very much!

Yulia Khalova, lawyer

If you nevertheless decide to establish paternity, then very soon I will prepare for you samples of applications to the court and tell you about the production of such cases in court. Subscribe to blog updates in the form below so you don't miss out.

To decide whether a claim to establish paternity is subject to judicial review, the judge must check a number of circumstances provided for by law that are of procedural significance, some of which act as prerequisites for the right to apply to the court in cases of establishing paternity, others have a different meaning, for example, to determine the type of legal proceedings in which the case should be considered. The initiation of a civil case in court is an act of realizing such an important constitutional right as the right to judicial protection (Article 46 of the Constitution Russian Federation year with amendments and additions) and enshrined in Article 3 of the Code of Civil Procedure of the Russian Federation of the right to apply for judicial protection. The right to file a claim is the right of an interested person to initiate and consider a specific case of action proceedings in the court of first instance with a view to resolving it. This right is not related to the fact that the person applying to the court has a substantive right. A person may bring even an obviously unfounded claim to the court. The court does not have the right to refuse to accept the claim for its proceedings on the grounds that the claim is unsubstantiated or the subjective right that the plaintiff asks for protection has not arisen for him, and so on.

In the theory of civil procedural law, a person's right to file a claim is associated with certain circumstances of a procedural and legal nature, called the prerequisites for the right to file a claim.

The possibility of initiating a case to establish paternity is associated with the presence of prerequisites common to all lawsuits. These include:

• 1) jurisdiction of the case to the court;
• 2) availability of procedural legal capacity of the parties;
• 3) the absence of a court decision that has entered into legal force in a dispute between the same parties, on the same subject and on the same grounds.

The rules for the jurisdiction of the case to the court are determined by Articles 28-33 of the Code of Civil Procedure of the Russian Federation. Legal regulation establishing the origin of children from unmarried parents, the current legislation raised the issue of delimiting the jurisdiction of cases between the court and administrative bodies, that is, registry offices. Such a question arises when establishing paternity in relation to a child whose mother has died, has been declared incompetent or her whereabouts are unknown, and also whose mother has been deprived of parental rights or who have been taken away from her by a court decision, the Family Code refers to the jurisdiction of the court. But then another question arises - in what proceedings these cases should be considered - in a claim or a special one. If we consider them in a lawsuit, then the defendant should be recognized as a child who can act in court through a representative. However, in judicial practice in this category of cases, the parties are always the mother of the child and the alleged father, occupying the position of the plaintiff and the defendant, respectively. Is it possible to consider these cases in special proceedings as well as establishing the fact of paternity? This seems to be incorrect, since in the case of establishing the fact of paternity, a legal connection is established with the deceased person, while in cases of the category under consideration, the father is alive. The issue of establishing paternity in relation to children whose mother has died, is recognized as incapacitated or missing, should be clearly regulated in the legislation.

One of the conditions for establishing paternity is the absence of a marriage between the parents of the child, registered with the registry office. According to the law claim procedure establishing paternity is applied to children born after the introduction of the Fundamentals of Legislation on Marriage and Family (since April 1, 1968). Such a need arises if the parents did not file a joint application for recognition of paternity with the registry office, because one of them has objections to paternity or one of them evades filing a joint application for establishing paternity with the registry office. An application for establishing paternity can be accepted for court proceedings after the birth of a child is registered with the registry office.

As in any other lawsuit, an action to establish paternity is brought in connection with the existence of a dispute about the right, with the presence of disputing parties - participants in a disputed legal relationship. The claim for the establishment of paternity is aimed at establishing the existence of a parental legal relationship between the child and his alleged father, who evades registration of paternity in the registry office. The defendant in such a claim did not voluntarily acknowledge the existence of a parental legal relationship between him and the child, which necessitates the judicial establishment of the said parental legal relationship. Thus, the proceedings to establish paternity in court in this case are responsible the most important feature action proceedings: the presence of a dispute that is being conducted between the parties to the disputed legal relationship - the plaintiff and the defendant. It follows from this that the condition for the jurisdiction of cases on establishing paternity to the judicial authorities in lawsuit proceedings is the controversial nature of the legal relationship.

By virtue of Article 47 of the RF IC, an entry about the child's father, made by the civil registry office in accordance with paragraphs 1 and 2 of Article 51 of the RF IC, is proof of the child's origin from the person indicated in it.

Considering this, when considering a claim to establish paternity in respect of a child whose father is a specific person (paragraphs 1 and 2 of Article 51 of the RF IC), it must be brought by the court to participate in the case, since if the stated requirements are satisfied previous information about the father must be excluded (annulled) from the birth record of the child Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 (as amended of February 6, 2007 No. 6) “On the application by the courts of the family code of the Russian Federation when considering cases of establishing paternity and recovering alimony.

Thus, in accordance with the current legislation, the court does not have jurisdiction over cases on establishing paternity in relation to children born before October 1, 1968 and in relation to children whose birth record indicates a specific person as the father. If these circumstances are discovered at the stage of initiating a case, the court, in accordance with Article 134 of the Code of Civil Procedure of the Russian Federation, must refuse to accept statement of claim due to the lack of the right to appeal to the court. If these circumstances are revealed at the stage of the trial, then the judge must issue a ruling to terminate the proceedings (Article 220 of the Code of Civil Procedure of the Russian Federation). The consequences of these actions of the court are the same: the parties cannot apply to the court with an identical claim - a claim in a dispute between the same parties, on the same subject and on the same grounds.

If the mother of the child declares the birth of a child from another person (but not the former spouse), then information about this person as the father of the child is entered in the birth certificate record only after paternity is established by this person and if there is a written statement from the former spouse that he is not the father of the child, or on the basis of a court decision. In the absence of the fact of establishing paternity and the statement of the former spouse, information about the father in the record of the birth of the child is entered upon the registration of the marriage.

The presence of procedural legal capacity of the parties in accordance with Article 36 of the Code of Civil Procedure of the Russian Federation - the ability to have civil procedural rights and bear the obligations of a party and a third party. The process cannot start and develop with the participation of subjects who cannot be a party to the process. The law states that the procedural legal capacity of the parties arises from the moment of birth of each person, and therefore does not require a detailed explanation.

In order to exercise the right to file a claim, it is necessary to comply with certain conditions established by law that form the procedure for filing a claim, that is, having established the prerequisites for the right to apply to a court, the judge must verify compliance with the procedure for applying to the court, these are the conditions under which this court, and in given time case may be initiated. These circumstances are referred to as the conditions for the exercise of the right to bring a claim.

If the absence of the prerequisites for the right to bring a claim is an irremovable obstacle to filing an identical claim with the court, then non-compliance with the conditions for exercising the right to bring a claim entails a refusal to initiate a case due to the presence of obstacles to this, but is not irremovable. When the relevant obstacle is removed, the plaintiff may reapply to the court with a statement in the same case in accordance with Part 3 of Article 135 of the Code of Civil Procedure.

To the number essential conditions realization of the right to file a claim to establish paternity include the following:

the claim must be brought under proper jurisdiction (Art. 28.29 of the Code of Civil Procedure);

the person making the claim must be capable (Article 37 of the Code of Civil Procedure);

The filing of a claim must be in the form of a statement of claim with the documents attached to it.

The jurisdiction of paternity cases is a condition for initiating cases in lawsuit proceedings. Jurisdiction is determined by the place of residence of the alleged father and the place of residence of the mother in cases of establishing paternity, the place of residence of applicants for establishing the fact of paternity and the fact of recognition of paternity. In the first case, jurisdiction is alternative and is determined at the choice of the plaintiff, and in the second case it is exclusive, determined by the place of residence of the applicant.

Legal capacity of a person as a condition for exercising the right to sue in cases of establishing paternity in court is discussed in detail in the chapter on persons legally interested in the outcome of the case.

The statement of claim to establish paternity must be in writing (Article 131 of the Code of Civil Procedure) and contain a number of mandatory information provided for in Article 132 of the Code of Civil Procedure. In particular, it must indicate the surname, name, patronymic of the alleged father of the child, his address, the basis for the application (the origin of the child from this person) and the requirement to establish paternity. The statement of claim must be accompanied by a copy for the defendant. It is necessary that sufficient grounds are indicated in the application, indicating the origin of the child from this person. In particular, the statement of claim must contain a specific indication that can serve as the basis for establishing paternity, as well as a link to evidence confirming it: an indication of witnesses, letters, certificates, documents, etc.

Copies of birth certificates of children, certificates of the presence of children dependent on the plaintiff, and, depending on other circumstances of the case, other materials relevant to the case, must be attached to the statement of claim in cases of establishing paternity and collecting alimony. A certificate of the amount of the defendant's earnings must also be requested.

An application for the establishment of paternity, the fact of paternity, the fact of recognition of paternity is not paid by the state fee.

The child's parents are not spouses. The legal husband is not the father of the baby. The circumstances may vary. Sometimes a parent is unwilling or unable to voluntarily establish paternity.

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How is paternity determined in court? The fact of confirmation of paternity as a legal aspect will entail certain parental responsibilities.

And not always men agree to voluntarily recognize themselves as fathers. The state protects the interests of the child.

There is a specially developed procedure when the interested person can file a claim for recognition of paternity. How is paternity established in court?

General aspects

Judicial disputes regarding the establishment of paternity are usually lengthy in terms of time and heavy in moral standards.

It is necessary to collect a lot of evidence, it may be necessary to involve witnesses, sometimes it is necessary to touch upon the purely personal side of the life of the parties.

The mother of the child needs to carefully consider whether she is prepared for the consequences of recognizing legal paternity. Usually, a paternity claim is filed in order to obtain alimony.

But often the mother of the child later certain time after satisfying the requirements, he again goes to court, already to deprive his father of parental rights.

The fact is that the presence of a father requires his consent to any legal actions affecting the interests of the child.

Travel abroad with a child, move to a different apartment, change the child's last name, etc. All this requires consent from the father.

There is no statute of limitations for establishing the true father by the court.

Regardless of the age of the child himself, including when he reaches the age of majority, the procedure for recognizing paternity can be initiated.

Happens during judicial review the defendant expresses his consent to the voluntary recognition of paternity by submitting an application to the registry office.

The court is looking into whether this signifies recognition of paternity. At the same time, the prospect of recognizing all other claims is being discussed.

As a result, a judgment is issued. This category of cases cannot end with an amicable agreement.

What it is

There are two options for confirming paternity - voluntary and in the order of judicial review.

Voluntary acknowledgment of paternity occurs when the child's mother is not in a registered relationship, but the father acknowledges the child. In this case, parents submit a general application to the registry office.

At the same time, a woman has the right to register a child together with his biological father, if the legal husband is not the true father and does not object to such registration.

In a judicial proceeding, the process is carried out in the form of a lawsuit. When the biological father has died and it is necessary to establish paternity in order to protect the interests of the child, consideration occurs in the order of special proceedings.

If a legal spouse the mother of the child is not the father, then the record of paternity can be challenged through the courts.

The plaintiff may be the registered or actual father, mother, adult child himself, guardian, legal representative.

The courts consider claims for confirmation of legal paternity in civil proceedings.

An application for the recovery of alimony can be filed immediately with the claim. If the plaintiff does not know where the defendant lives, a search may be declared on the basis of a court decision.

For what purpose is

When the birth of a child fell on the period before this date, but not earlier than 10/1/1968, the court decision is based on the provisions of Article 48 of the Code of Family and Marriage of the RSFSR.

A man can become the initiator of establishing paternity in cases where:

• the whereabouts of the mother is unknown;
• the mother was deprived of parental rights;
• the mother was declared incapacitated by the court;
• mother died.

Features of the procedure

Not only the presence of a child can be a reason for determining paternity in court. Sometimes the claim is filed during pregnancy.

The grounds may be as follows:

• parents are not in legal marriage;
• it is highly likely that after the birth of the child it will not be possible to submit a general application to the registry office.

Sometimes even before the birth of a child, a DNA procedure is performed to establish paternity. For example, the mother has doubts about the real paternity, or doubts are expressed by the alleged father.

The father may be diagnosed with infertility, and the biological mother claims that it is this man is the real father.

It may be necessary to establish paternity during pregnancy through DNA when leaving for permanent residence of a Russian citizen who is married to a foreigner.

At the same time, an examination by the embassy is initiated, but the consent of the woman is required.

Step-by-step instructions for establishing paternity in court

The procedure for a lawsuit to determine paternity is as follows:

The plaintiff applies to the proper Judicial authority with a claim	Attached to the claim Required documents
The package of documents is considered by the judicial commission within five days	And a pretrial hearing date is set to prepare for the main trial.
At the preliminary hearing, the evidence is examined, its accuracy is determined	If necessary, a DNA procedure is prescribed
Proceedings are conducted in accordance with the law	All evidence, expert examination data (if any), testimonies of witnesses are carefully studied
A court decision is made	—

If the claim is satisfied, the plaintiff may apply to correct the record of paternity in the child's documents.

You need to know that the court cannot base its decision solely on the bottom line of the DNA results. Expertise can be a weighty argument, but no more.

Sometimes the usual medical examination is enough for the court. For example, analysis will show that a man is not capable of conception at all.

In addition, the court has no right to force a citizen to forcibly make such an examination. However, the plaintiff may claim

It is also necessary to take into account the fact that when establishing paternity of a child born before February 28, 1996, DNA analysis, in principle, has no legal force in the absence of other mandatory evidence.

Forced holding

Compulsory DNA testing is not possible. That is, whatever the grounds, the court can only appoint an examination, and the potential parents themselves decide to conduct an analysis for them or not.

But the defendant's failure to appear for the examination does not mean at all that paternity is automatically recognized.

Based on judicial practice, it can be noted that if the father (mother) evades DNA testing, the rules are used when the fact of paternity is recognized without an examination. But not everything is so simple.

It is not enough simply to conduct or not to conduct an examination to establish the fact of paternity. For the court, the result of DNA testing is only one of the evidence.

For example, the cumulative base of documentary evidence and testimonies indicate the fact of paternity of a particular person. In this case, a positive examination will only be a decisive factor.

Speaking about the forced establishment of paternity, it is necessary to mention such an aspect as the denial of paternity.

Such a refusal simply does not exist in Russia. If, by law, a man is recognized as the father, then the legal relationship with the child is broken solely by deprivation of parental rights or by contesting paternity.

What documents are needed

The main document for initiating legal proceedings is a claim to establish paternity.

It must be drawn up according to all the rules:

• indicates the court where the claim is filed;
• information about the plaintiff - F.AND.Oh. and residential address;
• information about the defendant;
• brief essence of the requirement;
• grounds for appeal;
• information about the submitted documents.

Attached to the claim are:

• receipt of payment of state duty (200 rubles);
• documents confirming the grounds for the appeal;
• copies of all submitted documents.

How can you dispute

If the mother of the child, for some reason, does not want to register the fact of the paternity of the biological father, then the latter has the right to file a claim with the court.

But here the important aspect is whether a woman has a legal husband. When a child appears in a legal marriage, the spouse of the child's mother is recorded as the father.

To establish paternity, the biological father will first have to challenge the paternity of the child's mother's husband.

If a man who doubts his paternity of a particular child is recorded as the father of the child, or an outside man claims paternity, then an appeal to the court is required to challenge paternity.

The procedure for contesting is similar. A claim is submitted, the necessary documents and evidence are attached to it.

At the same time, the process of challenging can be initiated by the child himself upon reaching the age of majority.

But there are some nuances regarding the contestation of paternity and which are provided for by family law.

Video: establishing paternity. Alimony claim

According to paragraph 2 of Article 52, the IC cannot challenge the paternity of a person who, at the time of registration of the child in the registry office, knew that he was not the biological father.

According to paragraph 3 of Article 52, a claim to challenge paternity cannot be filed by a spouse who has given consent to IVF.

Emerging nuances

The list of various evidence that can be used in the process of establishing paternity is generally not limited.

The decision in any particular case is made taking into account any facts that authentically certify the origin of the child from the defendant ().

When establishing paternity in court, any arguments are taken into account. Evidence may point to paternity directly or indirectly, none of which has any particular priority.

Only the totality of evidence is considered. These may include:

• questionnaires;
• letters;
• statements;
• witness's testimonies;
• evidence;
• a will in favor of a child (if kinship is indicated in it), etc.

It does not matter what time period the obtained evidence belongs to. They can refer both to the time of pregnancy and to the period after the birth of the baby.

If after the death of his father

When the father, who recognized the child, but did not have time to officially register paternity, died, then paternity is not established, but the fact of recognition of paternity ().

Such a case is considered after filing a claim for recognition of paternity in a special proceeding.

With regard to children born before 10/1/1986, to establish the fact of paternity of the deceased person who acknowledged paternity, it is sufficient if the child was dependent on the deceased at the time of death.

In other cases, any appropriate evidence may be provided - testimonies of witnesses, audio and video recordings, photographs, etc.

About motherhood

In some cases it is required court ruling motherhood. Of course, such processes are rarer, since more often children are born in maternity hospitals, and the registration of a child in the registry office is carried out on the basis of documents received at a medical institution.

As already mentioned above, paternity, the fact of paternity and the fact of recognition of paternity can be established in court. According to the rules of special legal proceedings, the fact of paternity and the fact of recognition of paternity are established (Article 50 of the UK, Article 247 of the Code of Civil Procedure).

In contrast to cases of action proceedings, where the fact of the child's origin from a particular defendant serves as a condition for the emergence of a parental legal relationship with him and this category cases is called, respectively, the establishment of paternity, this fact, established in a special proceeding, cannot give rise to a parental legal relationship, since the alleged father of the child is not alive and there is no procedural figure of the defendant here. Establishing the fact of the origin of the child in such cases may have other legal consequences: the emergence of inheritance, pension and other legal relations.

According to Article 50 of the RF IC, the legal fact established by the court is called the fact of recognition of paternity. It states: “In the event of the death of a person who recognized himself as the father of the child, but was not married to the mother of the child, the fact of recognizing paternity by him can be established in court in accordance with the rules established by the civil procedural legislation” Family Code of the Russian Federation dated 29 December 1995 No. 223-FZ // Collection of Legislation of the Russian Federation. - 1996. - No. 1. - Art. 16.

This wording posed before the lawyers at least the following legitimate questions. “Firstly, should we abandon the established practice of establishing in special proceedings two types of legal facts indicating the origin of a child: the fact of recognition of paternity and the fact of paternity, operating only on the first of them? Secondly, does this wording not mean a complete revision of the legal basis for establishing the fact of recognition of paternity in special legal proceedings?

The fact is that the previously valid Fundamentals of Legislation of the USSR and the Union Republics on Marriage and Family, as well as the Code of Civil Procedure of the RSFSR, did not directly fix the possibility of establishing the facts of paternity and recognizing paternity. Only in Article 3 of the Law of the USSR of June 27, 1968 “On the Approval of the Fundamentals of the Legislation of the USSR and the Union Republics on Marriage and Family” the very possibility and conditions for establishing the fact of recognition of paternity in special proceedings were fixed. However, this applied only to children born before October 1, 1968, i.e. date of introduction of the Fundamentals family law into action. This fact could be established if the alleged father of the child died, but during his lifetime he recognized and supported the child. The specifics of establishing the fact of recognition of paternity, which the courts had to take into account when considering this category of cases, were indicated in Resolution No. 2 of the Plenum Supreme Court RSFSR dated March 25, 1982 "On the application by the courts of legislation when considering cases on establishing paternity and on the recovery of alimony for children and other family members" (formally, it was recognized as not applicable on the territory of the Russian Federation by virtue of subparagraph "a" clause 26 of the resolution No. 9 of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 "On the application by the courts family code of the Russian Federation when considering cases on establishing paternity and on the recovery of alimony”).

The wording of Article 48 of the earlier acting CBS of the RSFSR did not exclude the establishment of the fact of the father's origin of the child in cases where the alleged father of a child born out of wedlock died. In common with the fact of recognition of paternity, the conditions for establishing the fact of paternity were, firstly, the death of the alleged father of the child, and, as in the first case, the date of death had no legal significance; secondly, the absence of a registered marriage between this person and the mother of the child.

The differences in the conditions of establishing between the facts under consideration also boiled down to two circumstances. The first of these is the date of birth of the child; the fact of paternity was established in relation to children born after October 1, 1968. The second difference concerned the range of evidentiary facts. According to paragraph 7 of Resolution No. 2 of the Plenum of the Supreme Court of the USSR dated March 25, 1982, “when making a decision on establishing the fact of paternity, the court takes into account the circumstances provided for by part 4 of article 16 of the Fundamentals of Marriage and Family Legislation.” Thus, the courts had to establish in this category of cases the facts of cohabitation and common housekeeping by the alleged father and mother of the child, joint upbringing or maintenance of the child, evidence that reliably confirms the recognition by the defendant of his paternity (part 4 of article 16 of the Fundamentals, part .2 article 48 of the Code of Civil Procedure of the RSFSR).

In itself, the legal possibility of establishing the facts of recognition of paternity and paternity was laid down in the current civil procedural legislation. According to Article 247 of the Code of Civil Procedure of the RSFSR, in special proceedings, in principle, any fact of legal significance can be established, unless the legislation provides for a different procedure for its establishment. This was brought to the attention of the courts by Resolution No. 9 of the Plenum of the Supreme Court of the USSR of June 21, 1985 "On judicial practice in cases of establishing facts of legal significance." Among the legal facts to be established in special proceedings, the facts of recognition of paternity, paternity, registration of paternity (clause 2) were named. Kosova O. Establishing the fact of the origin of a child in special proceedings // Russian Justice. -1998. - No. 1. S. 41.

Thus, before the adoption of the new Family Code, judicial practice clearly distinguished between the fact of recognition of paternity and the fact of paternity. Unfortunately, the position of the legislator regarding the understanding and application of Article 50 of the RF IC was not reflected in Section VIII of the RF IC.

Answers to those who stood before judicial practice issues of application and interpretation of Article 50 of the RF IC are given in Resolution No. 9 of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 “On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” Resolution of the Plenum of the Supreme Court of the Russian Federation of October 25 October 1996, No. 9 “On the application by the courts of the Family Code of the Russian Federation when considering cases on establishing paternity and collecting alimony” // Russian newspaper. - 1996. - November 5. - item 10. High Court clarifications this issue actually follow the logic that was laid down in the previous law enforcement practice of the courts. Should pay attention to them Special attention in connection not only with the wording of Art. 50 of the RF IC, but also because earlier it was often allowed to identify the fact of paternity and the fact of recognition of paternity.

So, the fact of recognition of paternity is established in relation to children born before October 1, 1968, in the event of the death of a person who was not married to the mother of the child and recognized himself as the father of the child, provided that “the child was dependent on this person at the time of his death or earlier. Decree of the Plenum of the Supreme Court of the Russian Federation of October 25, 1996 No. 9 “On the application by the courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony” // Rossiyskaya Gazeta. - 1996. - November 5. - item 10

The Plenum of the Supreme Court of the Russian Federation also explained that the courts have the right to establish the fact of paternity, arguing that the Family Code does not exclude such a possibility. This fact, as before, is established in relation to children born after October 1, 1968 in the event of the death of the alleged father, who was not married to the mother of the child. However, if the child was born after March 1, 1996 (the date of entry into force of the new IC of the Russian Federation), when establishing the fact of paternity, the courts must take into account evidence that reliably confirms the origin of the child from this person (Article 49 of the IC of the Russian Federation), i.e. the same evidence as when establishing paternity in a lawsuit.

As for children born between October 1, 1968 and before March 1, 1969, while still establishing the fact of paternity, one should keep in mind the evidence confirming the presence of at least one of the circumstances listed in Article 48 KoBS RSFSR, i.e. those that, prior to the introduction of the new UK, were taken into account by the courts when establishing paternity in lawsuits: Cohabitation and housekeeping, etc.

Given the above, as well as the fact that over time the likelihood of going to court with an application to establish the fact of recognition of paternity is gradually reduced to nothing, it seems necessary to clarify the wording of Article 50 of the RF IC. It could look like this: "In the event of the death of a person who was not in a registered marriage with the mother of the child, the facts of paternity or recognition of paternity may be established by the court according to the rules of civil proceedings."

Applicants in these categories of cases, in accordance with the general rules of special proceedings, can be both the bearer of the relevant material and legal interest (inheritance, pension, etc.) - a child with civil procedural capacity, and persons who, by law, have the right to apply to the courts for the protection of subjective material rights and the interests of the child, - his legal representatives (mother, guardian, adoptive parent and others), as well as the prosecutor (Articles 41, 42 of the Code of Civil Procedure).

Of particular interest is the issue of granting the right to file an application for the establishment of paternity and recognition of paternity to the person who is dependent on the child. These can be, for example, close relatives of the child, his grandfather, grandmother, brother, sister, who have not registered in statutory powers of legal representatives. As explained in the earlier ruling of the Supreme Court of the USSR dated March 25, 1982 Resolution of the Plenum of the Supreme Court of the USSR dated March 25, 1982 No. 2 “On the application by the courts of legislation when considering cases on establishing paternity and on the recovery of alimony for children and other family members » // Bulletin of the Supreme Court of the USSR. - 1982. - No. 3., in the manner of special proceedings, cases on establishing the fact of paternity are considered at the request of the same persons who are granted the right to file claims for establishing paternity in accordance with Part 3 of Article 16 of the Fundamentals of Family Law (Part 1 of Article 48 of the Code of Civil Procedure RSFSR), as well as other persons to whom the legislation of the union republics granted such a right (clause 7). Among the list of Part 3, Article 16 of the Fundamentals, the persons who were dependent on the child were also named.

Regarding the circle of applicants in cases on establishing the fact of recognition of paternity, a slightly different explanation was made in paragraph 8 of the above-mentioned decision. Among the applicants were directly named: the mother of the child, his guardian (custodian), the child himself upon reaching the age of majority, as well as other persons who were granted the right to file such a statement by the legislation of the Union republics. Here, the persons supporting the child at the time of application were not named.

Following the logic of the clarifications given by the Plenum of the Supreme Court of Russia on October 25, 1996 regarding the facts of paternity and recognition of paternity, it is reasonable to assume that the practice established before the entry into force of the new Family Code and in terms of the circle of possible applicants in these categories of cases. Possibly an addition existing procedure in relation to cases on establishing the fact of paternity in relation to children born after March 1, 1996. It is unlikely that in resolving the procedural issue of the circle of applicants, one should limit oneself to the analogy with Article 49 of the RF IC. To a greater extent, the approach laid down at the time in paragraph 7 of the decision of the Plenum of the Supreme Court of the USSR of March 25, 1982 corresponds to the general provisions of civil procedural legal proceedings.

So, in the event of the death of a person who recognized himself as the father of the child, but was not married to the mother, the court, in accordance with Art. 50, the UK has the right to establish the fact of recognition of paternity by him according to the rules of special proceedings (if there is no dispute about the right). The court satisfies the application if it is established that the deceased acknowledged his paternity of the child. This can only be evidenced by that group of evidence that confirms the subjective attitude of the alleged father to the child. These include participation in the upbringing or maintenance of the child, written statements of paternity both before the birth of the child and after the birth.

Other evidence, based on the requirements of Art. 50 SC, in this case cannot be taken into account. So, cohabitation, common housekeeping cannot testify to the recognition of paternity by a person. The expert opinion cannot be taken into account.

It seems that the legislator unreasonably limited the grounds for establishing the fact of recognition of paternity. Need to change this norm, expanding the grounds for establishing this fact. All evidence confirming the origin of the child from the deceased alleged father must be taken into account. In addition, to expand the circle of persons who have the right to apply to the court with an application to establish the fact of recognition of paternity.

§ 1. The concept of moral harm.

§ 2. Jurisdiction and cognizance of cases

§ 3. Acceptance of the statement of claim.

Chapter 3. Procedural features of consideration

§ 1. Jurisdiction of recognition cases

§ 2. Preparation for the trial of cases

§ 3. Judgment of the Court in Disputes of Law

Chapter 4. Features of the consideration and resolution of cases

§ 1. Bringing a claim

§ 2. Preparation of cases for trial

§ 3. Court decision on the allocation of a share (partition) of a residential building

§ 4. Execution of judgments of the court in disputes

Chapter 5. Features of the consideration and resolution of cases

§ 1. General issues of land privatization

§ 2. Features of the consideration of privatization cases

§ 3. Features of privatization in fact

§ 4. Features of the privatization of garden

§ 5. Common ownership of a building

§ 6. Some procedural issues of consideration

Chapter 6. Features of the consideration and resolution of cases

§ 1. General Provisions

§ 2. Some procedural issues in the consideration of cases

Section III. Features of the consideration and resolution of cases,

Chapter 1. General provisions on individual labor disputes.

§ 1. Labor dispute and its types related to competence

§ 2. Jurisdiction of labor disputes.

§ 3. Features of the consideration of some

Chapter 2. Features of consideration and resolution

§ 1. Jurisdiction and cognizance of disputes about material

§ 2. Parties and third parties in cases

§ 3. Preparation of cases for trial

§ 4. Judicial proceedings and judgment

Chapter 3. Features of consideration and permission

§ 1. General provisions and legislation to be applied

§ 2. Jurisdiction and cognizance of cases

§ 3. Persons participating in the restoration case

§ 4. Content of the statement of claim in the case

§ 5. Evidence in cases of reinstatement

§ 6. Settlement agreement in cases of reinstatement

§ 7. Judgment of the court in the case of restoration

Section IV. Features of consideration

Chapter 1. Jurisdiction and cognizance of copyright disputes

Chapter 2. Persons involved in cases of copyright disputes

Part 2, paragraph 2, Art. 30 of the Law gives the author the right to prohibit the use of the work by other persons, if the person to whom the exclusive rights have been transferred does not protect this right.

Chapter 3

Chapter 4. Features of resolving copyright disputes

Section V. Features of the consideration and resolution of cases,

Chapter 1. Features of the consideration and resolution of cases

§ 1. Jurisdiction and cognizance of cases

§ 2. Filing a claim for divorce

§ 3. Proof and evidence

§ 4. Divorce proceedings

§ 5. Examination of the claim for recognition of marriage

Chapter 2. Features of the consideration and resolution of cases

Chapter 3. Features of the consideration and resolution of cases

Chapter 4. Features of the consideration and resolution of cases

§ 1. General Provisions

§ 2. Claim proceedings in cases of establishing paternity.

§ 3. Statement of claim in a paternity case

§ 4. Preparation of the case for trial

§ 5. Legal nature of the claim and court decision

§ 6. Establishment of the fact of recognition of paternity. General provisions

Chapter 5. Features of the consideration and resolution of cases,

§ 1. Legal nature and types of civil cases,

§ 2. Persons participating in a case on disputes

§ 3. Initiation and preparation of the case

§ 4. Judicial proceedings

§ 5. Judgment and its execution

§ 6. Establishment of the fact of recognition of paternity. General provisions

According to Art. In the event of the death of a person who recognized himself as the father of the child, but was not married to the mother of the child, the fact of recognizing paternity by him can be established in court according to the rules provided for by civil procedural legislation.

From the point of view of jurisdiction, such issues are resolved only by the court. Judicial jurisdiction is also maintained in the event that a joint application was previously submitted by the mother of the child and the alleged father to establish paternity in accordance with paragraph 4 of Art. 48 of the RF IC, but before the registration of the establishment of paternity in the civil registry offices, the alleged father of the child died. Persons who filed a joint application, or one of them, before registering the establishment of paternity, have the right to withdraw it. The impeccability of the will to commit an act of establishing paternity must be maintained until the commission of this act by the civil registry authorities. In the event of the death of the alleged father before the state registration of the establishment of paternity on a joint application, it is not necessary to talk about the impeccable nature of the will expressed by him earlier.

In such a situation, the head of the civil registry office refuses state registration of the said act (Article 11 of the Federal Law "On acts of civil status") with a statement of the reasons for the refusal and with an explanation of the possibility of resolving the issue of paternity in court. At the same time, an application to establish paternity will be considered as a sufficiently strong evidence of recognizing oneself as the father of a child by a person who died before the state registration of the act, on the basis of a joint application.

Civil procedural legislation classifies cases on establishing the fact of recognition of paternity as cases of special proceedings (clause 4, part 2, article 264 of the Code of Civil Procedure of the Russian Federation). At the same time, all cases of special proceedings are considered by the courts according to general rules civil proceedings, with the exception of those exceptions and additions that are established by law and constitute the specifics of legal proceedings in this category of civil cases. Among cases of special proceedings, cases on the establishment of facts of legal significance also stand out for their specificity. In particular, this specificity is expressed in the rules that determine the possibility of the court accepting the case for its proceedings. Applications for the establishment of facts are accepted and considered by the courts in the order of special proceedings, if:

According to the law, the sought fact gives rise to legal consequences;

The establishment of a fact is not connected with the subsequent resolution of the dispute about the right;

The applicant has no other opportunity to obtain or restore documents certifying a fact of legal significance.

The origin of a child from a particular person, of course, contains a fairly wide range of legal consequences, including after the death of one of the participants in the relationship between parents and children. In particular, these are the right to inheritance, the right to a pension and the right to compensation for damages in connection with the death of the breadwinner. When drawing up an application to the court to establish the fact of recognition of paternity, the legal interest for which the question is raised before the court to consider the case in a special proceeding is indicated.

An indication of this interest is also necessary in order to determine the persons who are interested in the outcome of the case. Their position on the case may contain not only information about the circumstances relevant to the case, but also, which is very important from the point of view of resolving the issue of further development of the process, testify to the existence of a substantive dispute. For example, when a statement of interest in the inheritance of the deceased is indicated in the statement of interest, the court invites to participate in the case the heirs of the queue called for inheritance without taking into account the child in respect of which the question of origin is raised. Interested parties may claim that they are contesting a child's right to the deceased's inheritance. Such a statement may be made when filing an application or when considering a case in a special proceeding. In this case, the court, having established the existence of a dispute about the law within the jurisdiction of the court, issues a ruling on leaving the application without consideration, in which it explains to the applicant and other interested parties their right to resolve the dispute in an action proceeding (part 3 of article 263 of the Code of Civil Procedure of the Russian Federation). Leaving the application without consideration is one of the cases when the proceedings on the case are terminated without a decision being made. In this regard, and also in order to clarify in more detail the question of the existence of a dispute on the right, for the protocol fixing of both the circumstances established on this issue and the actions of the court, if signs of a dispute on the right are revealed when submitting an application, the ruling on leaving the application should be rendered at a preliminary hearing (Article 152 of the Code of Civil Procedure of the Russian Federation).

Submission of an application to establish the fact of recognition of paternity is excluded if an act record on the establishment of paternity has already been drawn up. This rule is also preserved when it is lost, and it is impossible to restore such a record (for example, the loss of an archive, the refusal of the civil registry office to restore this record). In the event of the loss of an act record on the establishment of paternity and the impossibility of restoring it administratively, one should apply to the court with an application to establish the fact of state registration of the establishment of paternity, which is also considered in a special proceeding (clause 3, part 2, article 264 of the Code of Civil Procedure of the Russian Federation).

An application for the establishment of the fact of recognition of paternity is considered in the special proceedings only if the alleged father is not alive. The death of this person must be confirmed by a death certificate, the registration of which was made on the basis specified in Art. 64 of the Federal Law "On acts of civil status", including on the basis of a court decision to establish the fact of death or to declare a person dead. When a court decision has entered into force on recognizing a citizen as missing, only a claim procedure for considering an application for establishing paternity is possible.

The circle of persons who have the right to apply to the court with an application to establish the fact of recognition of paternity is similar to that indicated in Art. 49 RF IC. This is the mother of the child, the guardian or trustee of the child, the person who is dependent on the child, the child himself upon reaching the age of majority.

Cases on establishing the fact of recognition of paternity are subject to jurisdiction district court, since all cases of special proceedings are not assigned to the jurisdiction of the justice of the peace. With regard to territorial jurisdiction, according to Art. 266 of the Civil Procedure Code, an application for establishing facts of legal significance is filed with the court at the place of residence of the applicant (with the exception of an application for establishing the fact of ownership and use of real estate).

The application for establishing the fact of acknowledging paternity shall indicate the court to which it is addressed, the applicant and his place of residence, the persons concerned and their place of residence (location), information about the child, his father and the date of death of the latter, the purpose for which it is necessary to establish this fact, what was the recognition of paternity, when, in what form, under what circumstances, before which persons, what confirms the fact of recognition of paternity, what is the interest of the interested parties, their attitude (if it is known to the applicant) to the establishment of the fact of recognition of paternity. The application ends with a request to the court to establish the fact of recognizing the paternity of a particular person in relation to the child. The application may contain motions, in particular, concerning the demand for evidence, which the applicant cannot submit on his own. The annex to the application, in addition to copies according to the number of interested parties, includes mainly those documents that are usually attached to the statement of claim to establish paternity. The application shall be signed by the person authorized to submit it.

The consequences of non-compliance with the requirements on the form and content of an application for establishing the fact of acknowledging paternity are the same as when filing a statement of claim for establishing paternity.

The absence in a special proceeding to establish the fact of recognizing the paternity of a party (defendant) with an opposite position in the case to a certain extent affects the evidence activity and, above all, its adversarial nature, which in turn may affect the establishment of actual circumstances. The neutralization of such a negative phenomenon in proving in the category of cases under consideration is achieved, in particular, through the active participation of interested parties in the process. The identification of all persons legally interested in the outcome of the case and their involvement in the process is necessary not only from the point of view of protecting their rights and legally protected interest, but also for reasons of achieving the goal of proof - establishing the actual circumstances of the case. The law is also categorical in this regard, requiring confirmation of the very fact that the deceased during his lifetime unequivocally, without any conditions and reservations, indicated the origin of the child from him, and considers cohabitation with the mother of the child, participation in the upbringing and maintenance of the child already insufficient. and other factors indirectly confirming biological relationship (which was the case under previous legislation). Only evidence of an unequivocal content: "I am the father of this child", excluding the possibility of a different judgment, gives the court the right to conclude that the application is justified. In this case, all means of proof provided by law may be used. Most often, these are written evidence (letters and other postal items, notes, questionnaires, statements, explanations and testimony of the alleged father of the child in civil, criminal, administrative cases, etc.). The testimony of witnesses also occupy a significant place in the means of proof used in the consideration of cases on establishing the fact of recognition of paternity. The attitude to this type of evidence, as in the consideration of cases on establishing paternity in lawsuit proceedings, is ambiguous. Increasingly, sound recordings are used in combination with video recording. The use of forensic medical examinations is practically excluded. At the same time, handwriting examinations are common, appointed in case of doubt about the authenticity of written evidence compiled on behalf of the alleged father.

The court decision to satisfy the application for establishing the fact of acknowledging paternity in its operative part, as well as the decision to establish paternity made in the course of action proceedings, must contain all the information that is necessary for state registration of the establishment of paternity. At the same time, the decision itself, being the basis for such registration, cannot replace the document issued by the civil registration authorities (Article 268 of the Code of Civil Procedure of the Russian Federation).

The time of the child's birth does not matter for resolving the issue of paternity in the order of special proceedings. However, it should be borne in mind that for children born before October 1, 1968, i.e. before the introduction of the Fundamentals of Legislation on Marriage and Family, it is allowed to establish in court the fact of recognition of paternity by a person who was not married to the mother of the child and subsequently died, while simultaneously confirming the fact that the child is dependent on this person.