In addition, fathers do not always want or have time to declare their relationship with the newborn. This may be due to many aspects, but most often:

1. The baby's mother did not tell the biological father in a timely manner about the presence of a joint child.
2. The man did not want to recognize the newborn as his own, and the judicial procedure for establishing paternity was not carried out.
3. The hypothetical dad died before the newborn was born.
4. The father disputed his paternity in court, but no genetic testing was performed.

You need to understand that provided that a woman and a man were officially married, the born baby automatically acquires a father, and there is no need to prove his presence. The same applies to births after divorce, if no more than 300 days have passed since the divorce procedure.

What to do if paternity is not proven? Is it possible to establish paternity posthumously? How to prove that a child has family ties and can claim not only the surname of the deceased, but also what remains after him?

If the child was not recognized by him, then the minor cannot claim:

1. Payment of pension benefits in connection with the untimely loss of a breadwinner. This benefit is paid by the state until you reach the age of majority.
2. Compensation payments that will necessarily be paid if the deceased citizen died under tragic or violent circumstances.
3. An inheritance left behind by a deceased person. Natural children are first-line applicants and their interests are taken into account even if the deceased made a will in advance in which he did not mention the children.

It is these points that push mothers to undergo the difficult procedure of establishing paternity after death.

It is not easy for the reason that it can only be carried out in court. In addition, the other party is no longer alive, so it is necessary to resort to other measures in order to achieve recognition of biological kinship.

In addition, as a rule, the main reason for recognizing paternity is the reluctance to establish family relations with the relatives of the deceased, but the need to take back the share of material benefits due to oneself. This question, of course, complicates the solution of the problem, because often the relatives of the deceased party do not want to provide assistance and interfere with establishing the truth.

Paternity Establishment Procedure

To prove paternity of a child born out of wedlock, the applicant will have to. Are you wondering how to establish paternity after the death of your father in court? It depends on how the situation developed before the death and what the father’s intentions were during his lifetime.

If a man wanted a child to be born and wanted to register it in his name, or he wanted to adopt him later, but simply did not have time to do this, then the plaintiff applies to the court with a request to conduct special proceedings. In such a consideration of the case, no additional evidence is needed; in such cases there is no defendant. It simply legitimizes the desire to confirm the fact of paternity, which the deceased did not manage to complete during his lifetime.

In the case where the second parent did not express voluntary wishes to adopt the child or completely refused to do so, the applicant will have to file a statement of claim, and the defendant may be other heirs of the deceased. Such a procedure will entail a lot of problems and may encounter serious obstacles on the part of the defendant. Typically, such considerations involve taking genetic material and comparing the presence of kinship using DNA testing.

Preparation of documents

Depends on the procedural proceedings. When it comes to a special type of consideration, the applicant will need, in addition to an identity card and the baby’s birth certificate, to provide evidence that the man actually recognized the relationship and wanted to legitimize his rights as a father. For this purpose, testimony is provided, for example, from medical personnel in the maternity hospital, neighbors, that until the moment of their death the parents lived together and had a good relationship. Testimony from relatives that everyone knew about the baby and considered him a biological continuation of the deceased. You can show correspondence, audio or video recordings where relationships were recorded.

If the father is unwilling to recognize the baby during his lifetime, or even lacks knowledge that he exists, a mandatory DNA examination will have to be carried out.

To prove kinship, it is possible to take the genetic material of the deceased, but this can be done either immediately after death or during exhumation, which is undoubtedly expensive and difficult. The collection of genetic material from the deceased does not require his permission, and therefore is carried out without hindrance. You can also compare the DNA of close relatives of the deceased and the unrecognized baby. But there are certain problems here - this can only be done with the voluntary desire of the other party.

Application to establish the fact of recognition of paternity

To submit any of them, you must first compose it correctly. The text of the claim must indicate:

1. Information about the court and judge involved in the consideration of the claim.
2. Information about the applicant himself and the relationship with the child whose interests will be defended.
3. Complete information about the baby, when and where he was born.
4. Indication of information about the deceased alleged relative.
5. Description of the situation prior to filing the claim, namely why paternity was not established earlier.
6. Presentation of available evidence. Although it should be said that not a single unfounded fact will allow the court to establish a relationship if the deceased was against such a procedure or did not know about the relative.
7. Demand to establish the truth.
8. List of documents attached to the application.

Only the court will decide whether the relationship can be recognized.

Which court should I go to?

When filing a claim, an important question is where exactly the document should be submitted. In both cases, you must contact the authority at the place of residence and registration of the deceased.

Only district or city judicial departments can set themselves the task of recognizing the deceased as a biological relative of the child or denying this fact.

Moreover, both special and claim proceedings will be considered precisely in these legal instances and at the place of registration of the deceased.

There are cases when petitions can be accepted upon registration of the applicant. In judicial practice there are two reasons for this:

1. Having an infant or a disabled minor. This situation does not allow the mother to leave home for a long time.
2. The plaintiff's illness, which also prevents long-distance travel.

Another reason may be the applicant’s lack of information about the place of residence of the deceased.

Consideration of the application in court

Filing a claim is an important step for a claimant. If upon filing the claim was accepted and registered, then the process has begun. Although the claim may be returned for revision or elimination of inconsistencies.

The trial in search of the truth will cover many aspects. Several defendants may be summoned to court at once if the main issue is the establishment of inheritance rights. Consideration of this type of petition is not complete without serious preparation and qualified legal assistance. But if, as a result, the genetic material of the deceased, which was taken officially at the request of the court, is not presented, or the close relatives of the deceased do not voluntarily agree to conduct a comparative examination, then the applicant will not be able to prove his claims.

Indeed, quite a few such requests remain unfulfilled.

State registration of paternity establishment

When the justice department makes a decision to satisfy the claims stated in the petition, the plaintiff will have to register the rights obtained. Regardless of how and when confirmation of a biological relationship was received, it can only be registered in the registry office at the place of residence of the father or mother.

With the following documents:

1. Personal identification.
2. The act of registering the birth of a baby.
3. A man's death certificate.
4. Court ruling establishing blood relationship.
5. State duty paid.

At the same time as receiving documentary evidence, you can declare your desire to change the child’s last name and/or patronymic.

You might be interested

Posthumous establishment of paternity is provided for by the Family Code of the Russian Federation and occurs exclusively in court. The procedure for posthumous paternity establishment is carried out according to the rules of civil procedural proceedings. You will learn about how to establish paternity posthumously and what problems you may encounter in doing so from our article.

What is posthumous paternity determination?

Quite often, circumstances arise when a citizen does not have time to officially register himself as the father of a child during his lifetime.

Also, posthumous establishment of paternity is usually required in the case when, after the death of the father, property remains to which the child cannot lay claim without this.

According to the law, children who were not born in marriage, but are officially recognized as such, can claim the inheritance of the deceased on an equal basis with legitimate children.

But before entering into an inheritance, a procedure for posthumous paternity establishment must be carried out in relation to such children.

In practice, two different cases may arise:

1. If a citizen considered himself the father of a child, but did not have time to submit the relevant documents to the registry office to officially confirm this fact.
2. When a man refused paternity, or, for example, died before the birth of the child.

But in both cases, marriage relations should not be registered between the child’s parents.

Despite the fact that in both cases you will have to go to court, the procedure for posthumous paternity establishment will be different. The first option is considered in a special proceeding as the establishment of a fact that has legal significance; in the second case, the discussion will concern a dispute about law.

How is paternity established after the death of the father in a special manner?

Let's clarify right away: a special procedure for civil proceedings is a simplified version of the consideration of a case, which is distinguished by the following features:

Don't know your rights?

1. the subject of judicial protection here is not the violated right, but the legitimate interest of the applicant;
2. there is no defendant and third parties; only the plaintiff and interested citizens who can explain the essence of the case participate in the process;
3. inability to declare a waiver of the claim, accept the claim, file a motion to secure the claim, etc.

An application to establish a fact of legal significance (in our case, this is the fact of recognition of paternity) must be submitted to the court at the place of registration of the applicant.

Based on the requirements of the legislator, the following list of persons who can file a claim can be distinguished:

• mother of the child;
• guardians;
• the person on whom the child lives as a dependent.

Thus, filing an application to establish the fact of recognition of paternity is possible if 2 conditions are simultaneously met:

1. The child's parents were not married.
2. The child's father acknowledged his paternity, but died and did not have time to officially register it.

The main evidence in the process is witness testimony, written or other evidence that the deceased considered himself the father of the child. In particular, these may be receipts for the transfer of funds for child support. In addition, another important piece of evidence will be correspondence between the child’s parents or the father’s diaries, in which there is a record that he acknowledges his paternity.

What to do if the child’s father did not recognize his paternity and died?

If the child’s parents did not have time to register the marriage, and the child’s father died, but did not deny his paternity, then the mother, guardian or citizen who is dependent on the child has the right to file a claim in court to establish paternity.

However, in contrast to the procedure discussed above, in this case there will be a dispute about the law - accordingly, the proceedings will be carried out according to the rules of claim proceedings.

In addition, during the process you will have to prove the following circumstances:

The legislator does not determine the limitation period for cases of establishing paternity; Based on this, we can conclude that a lawsuit can be filed at any time. But it should be remembered that if the fact of paternity is established in relation to an adult, then his consent is necessary, and if a citizen is declared incompetent, the permission of the guardianship and trusteeship authority is required.

Thus, posthumous establishment of paternity is permissible in civil proceedings only in court. Applicants can be the child's mother, guardian and dependent person. Submitting an application requires simultaneous compliance with 2 conditions: the child’s parents are not married; the father died, recognizing paternity (special legal procedure), or without recognizing paternity (claim proceedings).

Today, young couples often do not want to formalize their relationship legally, believing that the “stamp in the passport” is just a formality and a relic of the past. At the same time, they do not take into account that a child born in a legal union is automatically legally protected. Whereas in a family that has not formalized the relationship, in the event of unforeseen circumstances, the mother will have to go through such a difficult procedure as establishing paternity after the death of the father. However, many women do not know how to prove that the deceased is the biological parent of the child.

Why is such a procedure necessary?

The unexpected death of a man who did not have time or did not want to officially recognize his child puts his common-law wife in a difficult position. She has a question: how to establish paternity after death? After all, without this it will be impossible:

• apply for and receive a survivor's pension;
• in case of murder, seek compensation for damages;
• include the child in the list of heirs;
• enter information about the father in the birth registration book at the registry office.

It turns out that neither the child nor the common-law spouse of the deceased has any legal protection. A notary will not be able to open proceedings on the right to inheritance in the absence of documents confirming paternity. Only a court that conducts the process in a special manner can make a determination of kinship. Experience in the field of law shows that most often it is possible to prove paternity. But life situations are different, in accordance with which the mother or the child’s representative must act.

Who has the right to go to court?

The procedure for posthumous paternity establishment consists of several stages. The first is to submit an application to identify the deceased parent of the child. The following persons have the right to do this:

• the common-law spouse of the deceased man, who is the mother of his child;
• a guardian or trustee appointed by the court in the event of the death of the mother, deprivation of her parental rights or restrictions on them;
• a person who actually supports the offspring financially;
• the child himself who has reached his 18th birthday.

How to fill out an application?

When going to court, you must submit a claim document in the established form, a sample of which can be downloaded from this website. It is filled out as follows:

1. In the upper right corner the name of the court, last name, first name, patronymic of the plaintiff, his address are indicated, below is information about the interested party - the relatives of the deceased. If it is necessary to assign a benefit for the loss of a breadwinner, then the Pension Fund is indicated.
2. The narrative part includes a detailed and accurate retelling of events. It is necessary to reliably tell about the duration of the civil marriage, the man’s attitude towards pregnancy, if he provided help, then what kind, whether he looked after the baby, whether he gave money.
3. Text style is official. There should be no grammatical errors in the description. Throughout the story, it is necessary to refer to articles of law.
4. In conclusion, it is necessary to formulate the essence of the request to the court. This could be the phrase “establishing the fact of recognition of paternity” or a desire to change the child’s surname.
5. At the end of the application there is a signature, its transcript and the date of filing the document with the court.
6. Then the evidence attached to the claim and information on payment of the state duty must be listed.

Which court should I go to?

To prove the deceased’s involvement in the birth of a child, an application to recognize him as the father is submitted to the district court at the place of registration of the plaintiff. If during his lifetime a man recognized the child as his own, but did not have time to formalize this fact, during the trial, evidence of living together will be considered, witnesses will be interviewed, and dates will be checked for possible discrepancies.

If the court considers all the facts presented to be plausible and convincing, then according to the law (Article 50 of the Family Code of the Russian Federation) the decision to establish paternity is made according to a simplified scheme.

If the issue is controversial, for example, about the right to inheritance, the biological relationship of the child and the deceased will have to be proven on a general basis (Article 246 of the Civil Procedure Code of the Russian Federation).

In this case, the confirmations will be the same: letters, things, checks. The controversial process can be lengthy, especially if, at the request of the relatives of the deceased, who are challenging paternity, a DNA examination will be ordered.

As judicial practice shows, if the relatives of the deceased support the mother, then the decision is most often positive. In the opposite situation, when the heirs wage an aggressive and hostile struggle to prevent the posthumous establishment of paternity from happening, the consideration of the case is lengthy and difficult.

But under any circumstances, the court considers all the evidence presented and decides to recognize the deceased man as the father, taking into account its credibility.

When the fact of paternity is legalized, the child becomes a legally protected heir to the property of his parent, the holder of the right to receive a survivor's pension. After a court decision recognizing a deceased man as the father of a child has entered into legal force, the mother or representative of the minor can draw up documents at the registry office.

Important: the issue of recognizing paternity has no statute of limitations.

What evidence should there be?

As mentioned above, there can be two situations: the man recognized the child, but did not document it, and did not consider himself the child’s parent. The judicial review will be different in each case.

The peculiarity of the first situation is that there is no conflict between the parties, so the proof procedure will be simpler and faster. In addition to the claim itself, the initiator of the proceedings must attach:

• a copy of the birth certificate;
• duplicate statements of all interested parties;
• documentary evidence that the man acknowledged his paternity;
• check for payment of state duty.

Additional evidence in court may include stories from witnesses and various documents:

• kindergarten teachers confirm that the father brought and picked up the child more than once;
• the mother or legal representatives have payment documents indicating that money was received from the man for the child;
• family video chronicles;
• letters, postcards, telegrams, mutual SMS messages;
• genetic examination, the results of which confirm the relationship of the child and the father, and it will be almost impossible to challenge this.

In fact, the amount of evidence in a peaceful situation does not matter. The main thing is that they must be convincing, then restoring the rights of the child will be a simple and short-lived procedure.

The situation when posthumous establishment of paternity is required, but during life the man did not want and did not recognize the baby, is more complicated. Can it be proven that the deceased was indeed the biological parent of this child? The procedure may be complicated by disputes with other heirs.

In the application, in addition to a description of the circumstances and a request to establish the fact of paternity, if necessary, material goals are also indicated: awarding the child the right to inheritance, assigning a pension, and others. All necessary copies of documents are attached to the application, as well as, if available, an expert opinion.

The difficulty of proof in such a situation lies in conducting a molecular genetic study. Only this analysis can be reliable proof of paternity posthumously if there is a conflict between the parties. If such an examination has not been carried out previously, it is ordered by the court and paid for by the plaintiff. After the death of a man, it is more difficult to conduct a DNA analysis: the body will have to be exhumed. Therefore, the trial could last about a year.

However, it is possible to conduct a study to prove paternity after the death of the father, without opening the grave. To do this, biomaterial from the closest relatives is taken with their consent or a blood test of the deceased, which he took during his lifetime.

DNA analysis is the study that most reliably confirms paternity.

Conclusion

Many women establish the rights of their children to bear the name of their real father and become his legal heirs in court. It is good if there are no obstacles in this matter in the form of irreconcilable relatives, and there is irrefutable evidence. Whatever the situation, a guarantee of a positive outcome in the case of proving paternity posthumously can only be provided by a genetic examination, which today is carried out even after the death of the father.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

With the growing popularity of civil marriage, certain troubles are increasingly arising. As children are born in such marriages, it often becomes difficult to establish paternity. Particular difficulties arise when the future father dies. A young mother sometimes has a need to prove the relationship of the baby with the deceased person. For example, a girl wants to file for the loss of a breadwinner or claims the inheritance of her common-law husband.

Methods for establishing paternity

There are three ways to establish kinship when the spouses are not married. They differ in the conditions and sequence of the procedure. Paternity can be established in the following ways:

• voluntary confession;
• by means of a court decision;
• posthumous establishment of paternity through the court.

Voluntary recognition of kinship

Established in the case of unregistered relations between common-law spouses. Together they submit an application to the registry office for recognition of paternity (maternity is recorded automatically). If the baby’s mother either died, or she was deprived of parental rights after a trial, or she was declared incompetent by the conclusion of specialists, then the father can submit an application only with the consent of the relevant authorities. Here it is important to take permission from the guardianship authorities.

Sometimes, after the birth of a baby, due to some circumstances, parents cannot submit an application together. Then it is provided for its submission to the registry office before the birth of the child.

When a child reaches adulthood, the process of establishing paternity is carried out only with the permission of the first one.

Judicial establishment of paternity

Situations often arise when the alleged father does not want to recognize his minor child. Here the mother can only achieve justice in court.

Some amendments were made to the Family Code in March 1996. Therefore, if the child was born after the changes were made, establishing the fact of paternity is regulated by Article 49 of the RF IC. The court accepts and considers all evidence presented that confirms the birth of the baby from the person specified in the application. All possible evidence is listed in Article 55 of the RF IC.

For older children, the procedure is carried out in different aspects. In this case, the court will be guided by Article 48 of the RF IC when making its decision. Here the plaintiff proves the common management of the household, as well as the cohabitation of common-law spouses at the time of pregnancy with the subsequent birth of a joint child. There are no statutory deadlines for establishing paternity. You can go to court at any time after the birth of the baby.

Establishing paternity after death

Posthumous establishment of paternity is carried out only in court. The fact that a born baby is recognized as a deceased person during his lifetime is not important here. Also, the establishment of paternity begins only after the provision of evidence that certifies the fact of birth from a deceased person. This case only applies to children born before March 1996.

The court also deals with older disputes. If the child was born before October 1, 1968, the court will recognize the paternity of the deceased person if there is evidence that the then minor was fully dependent on the putative father before his death.

Reasons for establishing kinship

There are only two reasons that entail posthumous establishment of paternity.

1. When the baby’s parents were not officially married, and at the time of death the alleged father did not recognize his own child.
2. If a man acknowledged paternity before his death, but at the time of the birth of the baby the spouses were already or were not yet officially married.

Filing a claim in court

In addition to the mother, some other persons can file the required claim to establish kinship. The following have the right to go to court:

• a guardian officially confirmed in the case when the child has not reached the age of majority;
• if the baby is dependent on someone, then the person supporting the minor will sue;
• Upon reaching the age of 18, the child himself can file a claim in court.

Evidence that the court takes into account when making its decision

Article 55 of the RF IC specifies all admissible evidence that a plaintiff can present to the court when establishing paternity. These include:

• Letters written by the alleged father to both the child's mother and the minor himself.
• Written statements from a deceased person that indirectly prove paternity. These could be registrations in clubs or sections that were carried out by the alleged father.
• Testimony. The court will hear the opinions of the mother's neighbors and relatives, who will talk about the spouses' relationship. Also, if possible, government agencies will be involved here, which can provide important evidence in this matter.
• Medical evidence. An important aspect in posthumous paternity establishment is the results of DNA analysis. Of course, this procedure is only possible if the deceased person has close relatives, for example, parents, sisters or brothers.

DNA paternity testing

How is this done? Post-mortem paternity determination is often carried out only after a test has been performed. Today, such cases are quite popular and more effective. A paternity test is carried out only after a court decision and in a specific clinic that will be indicated. DNA analysis is carried out in strict compliance with all sanitary and legal standards. In connection with the death of the father, specialists use biomaterials from close relatives. Parents or siblings can act as a source for collecting biomaterial for DNA paternity testing. Specialists can also use blood tests of the deceased person, which he took during his lifetime.

A paternity test gives a 99% probability, which will significantly increase the chances of a positive outcome for the plaintiff. After completing this procedure, the results are sent to the court, and a new date is set for the consideration of the case. If the decision is positive, the mother or other representative of the minor child writes an application to the registry office, attaching copies of all necessary documents. These include the child and the court decision. Based on the court opinion, a few days later the mother receives a new certificate of paternity. With this document, a woman can apply for benefits for the loss of a breadwinner, as well as an inheritance.

Conditions for filing an application for recognition of paternity of a deceased person

An application to establish the fact of paternity submitted to the court must be drawn up in accordance with all legal norms. If the mother or guardian of the minor is not aware of the entire procedure, it is best to consult an attorney or lawyer for advice. Because, in addition to the application, you must attach copies of some documents. If filed correctly, the court will soon take your situation into account and begin work. In the application, the mother must indicate all the information about the deceased putative father and the joint minor child.

List of copies of documents required for consideration in court:

• Death certificate of the putative father.
• Birth certificate of a joint minor child.
• Certificate of cohabitation from place of residence (if available).
• Receipt for payment of the required state duty.
• Evidence of paternity of the deceased person (photos, letters, etc.).

Objections to an application to establish the relationship of a deceased person

It sometimes happens that a mother's application for paternity of a deceased common-law spouse is considered more seriously due to certain specific circumstances. They can be counter-objections, often statements of claim. Such a claim could be filed or, even worse, by his official wife.

In the case where the deceased putative father was not officially married to another woman, the fact of relationship is confirmed by evidence in the form of photographs or letters, as well as with the help of witnesses. If the man was officially married, then it is much more difficult to prove justice. Despite all the evidence and testimony presented, the court will require a DNA test. According to experts in the legal field, if a counterclaim arises against a submitted application, the court, when making a decision, is guided only by the results of the analysis.

Let's summarize. Establishing paternity after the death of a father is a rather troublesome matter, and sometimes requires large financial expenses. Therefore, establishing the relationship of an unregistered couple should be treated more responsibly. Because judicial practice notes the moments when establishment through the court failed. It is not easy for a young mother to survive this situation alone.

Biologically, a child always has two parents - a father and a mother. But legally, the parents are the people whose names appear on the baby’s birth certificate.

Unfortunately, there are cases when a partner dies before the baby is born. And then establishing paternity after the death of a partner causes certain difficulties, which is why the mother has to go to court.

Why is paternity determination necessary?

Immediately after the birth of a newborn, both father and mother receive parental rights in relation to him.

Until the baby reaches adulthood, they undertake to raise him, be responsible for his health and development, and make every effort to ensure that the baby grows up to be a full-fledged member of society.

They are also obliged to provide for the child financially and represent his interests in court, when concluding any transactions or inheritance. In return, parents can count on help from their children and financial support in old age.

Please note: both natural mother and father and adoptive parents, but not guardians, can have parental rights.

Parental rights are divided equally between the two parents and must be exercised by them regardless of whether the spouses live together or are divorced. Also, to become a father, it is not necessary to register a marriage or live together: it is enough for the partner to acknowledge the birth of his heir and to be included in his birth certificate.

Legally, the father is the one whose name is written in the “Father” column in the baby’s birth certificate. To obtain this document, parents must contact the passport office in the first days after the birth of the child and present their passports.

After this, a person can prove that he is not a parent only through the court after a medical examination. The opposite is also true: even if the partner is the blood father of the newborn, but is not recorded in the documents, he will have to prove this.

How to determine

If the guy is sure that the child is his own, he and the baby’s mother just need to come to the registry office and get a birth certificate. But it happens that a parent does not recognize his heir, believing that the mother is deceiving him.

In this case, paternity determination is carried out. It takes place independently (before receiving a birth certificate) or after under the supervision of a court.

The fact of establishing paternity can be determined in different ways:

1. By date of conception, gestational age or date of birth: for this it is necessary to calculate whether the mother and father had sexual intercourse on the specified day. This is not the most accurate option, but it is often used by women even before childbirth to restore justice.
2. By external signs: this method has been used by many generations of families. But even in this case, the accuracy leaves much to be desired: the child may turn out to resemble only his mother or grandparents. Also, a woman could become pregnant from a person who looks similar to the intended father.
3. By blood type or Rh factor: for this, blood is taken from the mother’s partner and the new baby and compared. This method was popular before: it is more scientific and eliminates most errors, but it is still not the most accurate and does not provide a 100% guarantee.
4. By DNA: this option allows you to get a 99% reliable result and is used in all complex cases. The court also relies on it to restore the truth. You can do a DNA test both during pregnancy and after childbirth.

All of these methods can be used to confirm or refute the guardianship of a particular man to a particular child. They can also apply to a citizen of another state.

Determination after father's death

Difficulties may arise if the partner has already died.

In this case, the child also has the right to part of the inheritance (the so-called obligatory share), but before this the mother must prove that the baby was actually born from the deceased.

This is where certain problems arise: it is unlikely that anyone will believe unsubstantiated stories, and it is no longer possible to conduct a DNA test, since the main “witness” has died.

Please note: if a father and mother are married and a baby is born during that time or within a few months of the dissolution (i.e. the conception occurred within the marriage), the husband is considered the baby's dad.

Establishment of paternity will also be required for:

• receiving social benefits and pensions for families who have lost their breadwinner;
• receiving compensation if the death was unnatural.

Moreover, if the baby lost his mother (she died, went missing, became incapacitated, or she was deprived of parental rights), the father, who did not recognize the child during her lifetime, will be able to do this. But he will first need to obtain the approval of the guardianship authorities who take on maternal responsibilities.

It is important to know: any person born has the full right to inherit the property of his parents, even if he was born out of wedlock. To do this, it is necessary to determine paternity and forcefully register the parent.

In judicial practice, two cases of posthumous recognition are distinguished:

1. He recognized himself as the father, but did not have time to register the baby as his name.
2. He died before the baby was born (that is, did not know about him) or did not recognize him at all.

The man recognized himself as a father during his lifetime

In this case, the matter will not take much time.

The mother will need to submit an application to the court with a request to recognize the defendant as the father and attach some documents:

1. Statement.
2. Your passport and partner.
3. Death certificate.
4. A certificate from the registry office stating that the parents were not married.
5. Any evidence confirming that the man knew about the heir and did not doubt his paternity. These could be letters, messages, photos or videos, diaries, written statements of witnesses, even receipts confirming the payment of cash benefits for the baby.

Lawyer's note: in addition to the mother, guardians or persons who support the baby can submit an application.

In other words, if a person participated in raising a child, provided him financially and took care of him (for example, took him to a clinic or school), and the mother still has evidence, she can file a lawsuit in a simplified form. It takes much less time.

The man did not recognize himself as the father

If a man had no idea about the child, the latter was born a few months after the death of the father himself, or he did not recognize him in principle, he will need to be patient.

Since it is impossible to ask the father directly or conduct a DNA examination, the case may drag on.

It is worth noting: the court is obliged to take into account the interests of not only the mother, but also the baby, and therefore it is impossible to carry out the procedure expeditiously.

The first thing you need to note is when the person was born - before March 1996 (the date of adoption of the Family Code) or after.

In the first case, the mother must present as evidence:

• participation of men in the upbringing and development of adolescents;
• living in common living space, owning a joint household;
• the desire of the man himself to become a father.

Other evidence will not be accepted by the court.

When submitting an application, you must attach to it:

• passport of mother and father; baby's birth certificate;
• death certificate;
• certificate of non-marriage;
• any evidence that the baby was conceived by this person.

Otherwise, paternity recognition meetings coincide with the establishment of the parental rights of a living parent, only without the presence of the defendant.

What to write in the application

With any of the options, the mother will need to write a statement.

You can download a sample application to establish the fact of recognition of parental rights.

It states:

1. How long did dad live with the baby and where. If the baby has not been born by that time, they write about the parents living together.
2. Why was the marriage not registered?
3. Did the man know about the child, did he acknowledge paternity, did he take part in the upbringing.
4. Why is it necessary to establish paternity?

All this will help the judge make the right decision.

Please note: if a child was born to a foreigner in another country, documents must be submitted to the consulate of that country.

Establishing paternity may be required in a variety of situations: for calculating alimony and involving the father in upbringing, if problems arise with an inheritance, etc.

Paternity can be determined at any age, but if the born person has already become an adult, his consent to the procedure will be required.

Watch the video in which an experienced lawyer explains the features of inheritance for a child born after the death of the father: