Challenging a Parental Record

Sometimes in life there are situations when a person finds it necessary to challenge the record of his parentage or about his parents in documents issued by the state. When the father or mother recorded in these documents is not actually the parents (parent) of the child, they can challenge the record of their parentage. Such a record can be challenged by the real parent of the child, when another person is recorded in the documents by the parent. The record of the parents can be challenged by the child himself from the age of 18, the guardian of the child.

Features of challenging the record of parents

A record of the parents is entered in the documents of the civil registry office (Registry Office) and in the birth certificate of the child.

The father or mother can challenge the record of their parentage within a year after they learned that they are not the parents of the child. When a person who is registered as a parent of a child is under the age of 18, he can file an application for challenging his paternity (motherhood) in court within a year from the moment he turned 18.

There is a peculiarity: when a person recorded as the father of a child knew at the time of recording that he was not the father of this child, the court will not meet halfway and will not invalidate the record of paternity. During the consideration of the paternity challenge case, the recovery of alimony is not suspended when the applicant, who disputes the record of his paternity, pays alimony for the maintenance of the child by court order.

Who cannot challenge the record of paternity (motherhood)

A spouse who has consented to the use of reproductive technologies in relation to his wife has no right to challenge his paternity. However, there may be exceptions. Persons who were donors of germ cells that were used in the application of assisted reproductive technologies cannot dispute paternity (motherhood). The right to challenge the paternity (motherhood) of a child born by a surrogate mother: a surrogate mother, spouses who have concluded a surrogacy contract. In this case, there are features when the court can consider such a dispute.

Who can challenge a parental record

Challenging a parental record is possible when a person listed as a parent is not actually related to the child. The claim can be made by the person indicated in the birth record, someone requesting to be recognized as the parent, the child’s guardian or custodian, or the child once they reach adulthood. There is a one-year statute of limitations for filing such a claim, which starts when the person becomes aware of the entry or the circumstances that exclude the fact of paternity or maternity. In some cases, the court may restore the time limit if valid reasons are provided.

Where to send an application for challenging the record of parents

As a rule, it is necessary to submit an application for challenging the record of the parents to the court of the state of which the child is a citizen. In some cases, the application must be submitted to the court of the state in which the child was born. Our lawyers, qualified in the field of family law, will help you navigate the procedure for filing an application to the court and collecting evidence to challenge the records of parents. The applicant needs to be able to prove that he is not actually the parent of the child. The evidence may be the conclusion of a genetic examination, witness statements, personal correspondence, photographs, an expert opinion that determines the relationship or lack thereof between the applicant and the child.

Enforcement of a court decision to contest paternity

When a court rules in favor of contesting paternity, it issues a decision specifying the incorrect record, including the civil registry office, the record number, and the date. The court also outlines the necessary changes or corrections to be made. Until the entry is officially declared invalid according to the legal procedure, the individuals listed as the father or mother maintain all parental rights and obligations toward the child. They cannot refuse to fulfill these responsibilities by claiming the entry is incorrect.

Our Services

Advice on Challenging a Parentage Record

We’ll guide you through the process of challenging a parentage record, explaining the potential consequences of canceling it and how it impacts both parties involved.

Evidence & Expertise Guidance

We help you understand what evidence is needed to challenge a parentage record and point you to the right experts and organizations for the necessary expertise.

Document Preparation

We’ll take care of drafting all the legal documents you need, including applications to the court or appeals against decisions, ensuring everything’s in order for you.

Court Representation

If it comes down to a court case, we’ll represent your interests, making sure you have professional support every step of the way.

Steps for Applying to the Court with a Statement of Claim for Contesting Paternity

Copies of the Attached Documents to the Defendant

You must provide copies of the claim and all supporting documents to both the defendant and any third parties involved to ensure proper notification.

A Receipt for Payment of the State Duty

A receipt confirming the payment of the state duty is required to show that you’ve paid the necessary fee to file the claim with the court.

Copy of the Child’s Birth Certificate

A copy of the child’s birth certificate is necessary to verify the parental record and establish the context for challenging paternity.

Excerpt from the Civil Registry Book

An excerpt from the civil registry book will provide official documentation of the entry in question, confirming the details of the recorded paternity or maternity.

The Absence of Consanguinity with the Child

To challenge paternity, evidence must be provided showing there is no biological relationship to the child. This can include testimonies, forensic examination results, or genetic tests.

Types of Evidence to Confirm the Absence of a Biological Link

Witness Testimony

Witnesses who are familiar with the parties involved can offer critical testimony that supports the claim of no biological relationship, providing context and confirming facts related to paternity.

Written and Material Evidence

This includes documents or physical items that can substantiate claims, such as personal letters, medical records, or other relevant materials that support the argument against paternity.

Results of Forensic Medical Examinations

Forensic gynecological, biological, or molecular-genetic examinations can provide scientific evidence of the lack of biological connection, including genetic testing, which can definitively confirm or exclude paternity.

Other Services

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Determining the Child’s Place of Residence

Our legal team assists in determining a child’s place of residence in cases of separation or divorce, ensuring that the child’s best interests are considered. We guide clients through the legal process, whether it involves agreeing on custody arrangements or resolving disputes. The decision takes into account various factors, such as the child’s welfare and the ability of each parent to provide a stable environment, helping to secure a suitable living arrangement.

Determining Alternative Child Exit Procedures

If there are disputes regarding a child’s ability to travel outside the country, we offer legal advice and representation to establish the procedures for the child’s exit. This process may include obtaining consent from both parents or a court ruling in situations where one parent disagrees with the proposed travel. We ensure that all legal requirements are met to safeguard the child’s rights while balancing both parents’ interests.

Deprivation of Parental Rights

We represent clients seeking to have parental rights terminated, which may involve situations where a parent has neglected or abused their child. Our legal experts will guide you through the process, including gathering evidence, filing petitions, and advocating for the child’s safety and well-being in court. In such cases, the child’s interests are prioritized, and we work to ensure that legal actions are properly handled to protect the child from harm.

Child Custody Agreements

Our legal services include drafting and negotiating child custody agreements, which outline the rights and responsibilities of each parent. These agreements can be crucial in ensuring a stable and harmonious arrangement for the child’s upbringing. We assist clients in reaching mutual decisions on visitation, living arrangements, education, and more, taking into account the best interests of the child and the preferences of both parents. In contentious situations, we represent clients in court to secure a favorable outcome.

Restoration of Parental Rights

We assist individuals seeking to restore their parental rights after they have been terminated or limited. In cases of parental separation, substance abuse, or previous legal actions, our team helps navigate the process of regaining custody or visitation rights. This involves proving to the court that the parent has made the necessary changes to safely care for the child. We ensure that clients understand their rights and options for restoration and provide support throughout the legal process.

Guardianship and Custody

We provide legal services for individuals seeking guardianship or custody of a child, whether through kinship or formal court proceedings. If a child needs a permanent or temporary guardian, we guide clients through the process, ensuring they meet all legal requirements. Our expertise includes preparing and submitting documents, representing clients in court, and helping them secure the rights to care for the child. We aim to ensure the child’s welfare is safeguarded while meeting all statutory obligations.

Adoption in Belarus

Our firm offers comprehensive legal assistance for adoption (including international adoption) in Belarus. From initial consultations to post-adoption procedures, we ensure that the process is as smooth and transparent as possible. We guide prospective adoptive parents through all stages, including legal assessments, home visits, and court hearings. Our goal is to facilitate the adoption process while protecting the child’s best interests and ensuring compliance with Belarusian adoption laws.

Limitation of Parental Rights

In cases where a parent poses a risk to a child’s well-being, we help clients initiate the legal process to limit parental rights. This may include reducing visitation or denying decision-making authority on issues like education and healthcare. Our legal team will help gather necessary evidence, file petitions, and represent clients in court. Limiting parental rights is a serious legal action and requires a detailed approach to ensure the child’s safety and emotional health are prioritized.

Disputing Parentage Records

If there is a need to dispute the recorded parentage in a child’s birth certificate, we provide expert legal support to challenge the entry. This may involve cases of misattribution of paternity or maternity, and we help navigate the legal steps required for correction. Our services include representing clients in court, filing petitions, and assisting with necessary evidence, such as DNA tests or witness testimony, to ensure the child’s birth record is accurate and legally binding.

Alimony Recovery

We assist clients in pursuing alimony recovery, ensuring that financial support is provided according to the law. Whether you’re seeking to enforce or modify an existing alimony order, our legal team offers expert guidance throughout the process. We help clients gather the necessary documentation, represent them in court, and ensure that the payment terms are fair and legally binding. Our goal is to ensure that custodial parents and children receive the financial support they are entitled to.

Alimony Recovery from Foreign Citizens

Our legal team specializes in securing alimony payments from foreign citizens. If the obligated parent resides abroad, we guide clients through international legal processes, including treaty enforcement and cross-border claims. We work closely with foreign authorities to ensure that the responsible party fulfills their obligations, representing clients both domestically and internationally to ensure alimony payments are recovered in a timely and efficient manner.

Modification of Alimony Amounts

We provide legal assistance to clients seeking to modify alimony amounts based on changes in circumstances. This may include requests for increased support due to rising living costs or decreased payments due to a change in the payer’s financial situation. Our team helps clients navigate the legal process, presenting evidence in court to support their case and ensuring that alimony amounts are adjusted in accordance with current needs and legal standards.

Why Us

Personalized Approach

We offer a tailored approach to each case, ensuring that your unique needs are met with attention and care throughout the entire legal process.

Experienced Family Lawyers

Our team consists of skilled family law professionals with years of experience in handling complex family matters, ensuring the best outcomes for our clients.

Cross-Industry Experience

With a diverse background across various legal fields, we bring a wealth of knowledge to family law cases, enhancing our ability to handle intricate legal situations.

We Speak Your Language

Our team communicates clearly and effectively in your preferred language, making the legal process more accessible and ensuring you’re fully informed at every step.

Achieving Results

We are committed to achieving positive results for our clients, using strategic legal solutions and personalized attention to ensure the best possible outcome in each case.

International Experience

With experience in international law, we’re well-equipped to handle cross-border legal issues, ensuring seamless legal solutions no matter where you’re located.

FAQ

Can I challenge paternity several years after the birth of my child?

Yes, you can challenge paternity even years after the child’s birth, but there is a statute of limitations, typically one year from when the individual becomes aware of the incorrect entry. However, in some cases, if you can provide valid reasons, the court may allow an extension of this period.

Is it possible to challenge the entry of the parents on the child’s birth documents?

Yes, it is possible to challenge the parental entry on a child’s birth record. If the entry is found to be incorrect or based on false information, you can file a legal claim in court to correct it. This process often requires substantial evidence, such as DNA tests or other documentation.

What is a surrogate mother?

A surrogate mother is a woman who agrees to carry and give birth to a child for another individual or couple, often due to medical reasons like infertility or inability to carry a pregnancy. Surrogacy may be arranged through an agreement where the intended parents are legally recognized as the child’s parents.

Can a child who has reached the age of majority challenge the father’s record?

Yes, a child who has reached the age of majority (18 years or older) can challenge the father’s record if they believe the information recorded at birth is incorrect. This may involve providing evidence, such as DNA results, to prove that the recorded father is not biologically related.

Is it possible to recover back the paid alimony, in case of satisfaction of the claim to contest paternity?

If paternity is successfully contested, it may be possible to recover alimony payments that were made under the false assumption of paternity. This will depend on the court’s decision and the circumstances of the case. The claimant must provide substantial evidence, and the court will decide if reimbursement is appropriate.

How to refuse paternity?

To refuse paternity, you must legally contest the paternity record by filing a claim in court. You will need to present evidence that you are not the biological father, such as DNA test results. The court will then assess the evidence and determine if paternity should be refused.

How to change the data on paternity in the birth certificates of children?

To change paternity data on a child’s birth certificate, a court order is required. You must file a petition to challenge the existing paternity entry, supported by evidence such as DNA tests. If the court finds the current paternity record to be incorrect, the birth certificate will be amended.

How to revoke paternity?

Revoking paternity requires filing a claim in court to contest the paternity record. This can be done if there is sufficient evidence to prove that you are not the biological father of the child. Once the court accepts the claim, it will issue a ruling, and the paternity record will be legally amended or revoked.

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