If a man who was not married to the child's mother has died, his paternity can be established through a court. Why this is important and how to do it - explain lawyers from the free legal aid system.
Why is it important to establish paternity after the father's death?
So that the child can receive the social benefits and guarantees he is entitled to. In particular, he has the right to:
- social benefits;
- pension due to the loss of a breadwinner;
- if the father is a military serviceman – for a one-time cash benefit in the event of his death;
- inheritance of property after the death of the father.
How to do it
Submit an application to the court at the place of residence. When submitting an application to the court to establish the fact of paternity, it is necessary to pay a court fee in the amount of (0.2 of the subsistence minimum for able-bodied persons). As of January 1, 2025 - 605.60 UAH.
Who can apply?
- have,
- guardian, caretaker of the child,
- a person who maintains and raises a child,
- adult child.
The application shall state which fact needs to be established and for what purpose; the reasons for the impossibility of obtaining or restoring documents confirming this fact; evidence confirming the circumstances set forth in the application (documents on family relationships, statements of witnesses).
What can be evidence?
Evidence can be any information that confirms the origin of the child. For example:
- deeds, extracts from house books, exchange orders, household books, court decisions, occupation orders and other documents that contain information about family relationships;
- family photos, letters, questionnaires, autobiographies, personal files, messages, correspondence in instant messengers, emails, videos;
- evidence that it is impossible to make changes to the child's birth record in any other way (certificates from civil registration authorities);
- statements from witnesses. These may be neighbors, friends or other people who can confirm the fact of paternity;
- genetic examination (DNA test). The most reliable evidence - the result has an accuracy of 99.99%.
The list is not exhaustive and may be expanded depending on the circumstances of the case.
The court may also order a posthumous forensic molecular genetic examination by exhuming the body.
DNA testing can be performed without exhuming the body, provided that biological samples (blood or other biological material) of the deceased are available, suitable for DNA testing. Such samples are, for example, taken from deceased military personnel, and then these samples are sent to the forensic medical examination department.
Disputing the paternity of a deceased person
Relatives of the deceased may contest his paternity if:
- The man did not know that he was registered as the child's father and died. In such a case, only his wife, parents, or children can dispute paternity;
- The man filed a notarial statement during his lifetime not to recognize his paternity. In this case, the heirs of the deceased may dispute paternity;
- The man filed a lawsuit during his lifetime to have the record of him as the child's father removed. Heirs may support the procedural statement.
But in these cases the court takes into account:
- the interests of the child;
- the child's rights to protection, upbringing, and financial security;
- the well-being of the child and his or her rights.
How the BPD system can help
Everyone can get free legal advice from the free legal aid system. Lawyers will tell you how to act in your situation, what evidence you need to collect, and if necessary, help you prepare requests to guardianship and trusteeship bodies, local government bodies, etc.
Who can receive free assistance with applying to court?
Some categories of people are also entitled to free assistance with applying to court, including in cases of establishing paternity. This is:
- IDPs;
- low-income individuals (able-bodied individuals — with income up to 6,056 UAH/month; pensioners (by age, years of service) — 4,722 UAH/month;
- persons with disabilities - if the pension or social assistance is up to 6,056 UAH;
- war veterans;
- family members of deceased Defenders of Ukraine (other categories are listed in Article 14 of the Law of Ukraine «On Free Legal Aid»).
Seek advice - lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.
How to apply
All ways to get BPD: https://legalaid.gov.ua/kliyentam/yak-otrymaty-bpd/