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
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
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.
Contact us
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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