Birth of a child in marriage from another partner: what is the registration procedure in force in Ukraine?
During wartime, when many families live separately for a long time, and divorce is postponed due to departure, service, loss of documents, or difficult life circumstances, the issue of registering a child becomes especially important. If a woman no longer lives with her husband, but the marriage is legally preserved, and a child is born from another partner, a situation may arise in the documents that has to be regulated separately. The Ministry of Justice of Ukraine explained what procedure applies in such cases and what steps are needed to ensure that the correct information about the father is entered in the birth certificate.
How to change the entry about the father
The problem arises due to the rule enshrined in the Family Code of Ukraine, according to which a child born in marriage is considered to be born of the spouses. The same approach applies after a divorce, if less than ten months have passed since then. According to this norm, the mother is recorded as the wife, and the father of the child is indicated in the act entry as her husband or ex-husband, even if the actual father is another person.
Because of this, for families that have long ceased relations but have not finalized the divorce in documents, the registration of the birth of a child can turn into a separate legal procedure. In such a situation, it is not enough to simply report biological paternity, since state registration is based on the mother’s current marital status and the presumption of the child’s origin from the spouses, provided for by law.
In order for the child’s biological father to be indicated in the documents, a joint application must be submitted to the state civil status registration authority. This procedure involves two separate documents: an application for non-recognition of the husband or ex-husband as the father of the child and an application from the mother and biological father for recognition of paternity.
Only after submitting these documents can registration be carried out taking into account the real origin of the child. For families who want to avoid further disputes, this is a key stage, since future issues of alimony, inheritance, child departure, social benefits, and other legally significant decisions depend on the correctness of the initial registration.
What to do if the husband cannot come in person
Life circumstances during wartime often make it difficult for all parties to be present in person, so the law provides for this option. If the husband with whom the woman is married cannot appear at the registration authority, he has the right to send the application by mail or submit it through a representative.
In this case, the signature on the application must be notarized. The power of attorney of the representative also requires notarization if the documents are submitted by another person. Without compliance with these requirements, the processing of documents may be delayed, so the Ministry of Justice draws attention to the proper confirmation of the will of each participant.
When the issue is resolved through the court
If there is no agreement between the parties, the registration procedure is changed, and the issue is then resolved in court. This situation arises when the man who is recorded or who should be recorded as the father by law does not agree to submit an application, or when the biological father wants to officially confirm his status without the voluntary consent of the other participants.
A person who considers himself the biological father of a child can apply to the court with a claim for recognition of paternity. A one-year statute of limitations has been established for such a claim. This period begins to run from the day the person learned or could have learned about his paternity.
Who can challenge an already made entry
A separate procedure is provided for a man who has been recorded as the father of a child. If he believes that he is not related by blood to the child, he can apply to the court with a request to exclude information about him from the birth certificate.
The statute of limitations does not apply to such a claim, but there is another restriction: paternity can only be contested after the child is born and before he or she reaches the age of majority. This means that such a claim can be filed throughout the entire childhood period, but after 18 years of age, such a mechanism no longer applies.
The Ministry of Justice separately emphasizes situations when a man cannot contest paternity. Such a right does not arise if, at the time of state registration, he knew that he was not the father of the child, but agreed to have his name entered in the documents.
The same rule applies when the child was born as a result of the use of assisted reproductive technologies with his or her consent. Under these circumstances, the law does not allow for the later cancellation of the registration, citing the absence of a biological connection.
What is important to consider when registering
For families who find themselves in such a situation during the war, not only the fact of the child’s birth itself is crucial, but also the procedure for submitting documents. A valid marriage or a ten-month period after its termination automatically affects who will be entered in the registry as the father, so it is advisable to resolve the issue immediately, even at the stage of birth registration.
If the parties have reached an agreement, the procedure can be completed by submitting properly completed applications to the state civil status registration authority. If there is no agreement, then the establishment or dispute of paternity moves to the judicial sphere, where the circumstances of the case and the evidence provided are already taken into account.
