Recognition of Paternity
According to the RA Criminal Code, Child’s origin by mother (maternity) is determined on the basis of the documents proving the fact of the child’s being born from the given mother in the medical institution, and if the child was not born in a medical institution, on the basis of medical documents, statements of witnesses or other proves.
If the child is born from the married persons, the husband of the child’s mother is recognized the child’s father if nothing else is proven. The paternity of the husband of the child’s mother is determined by the state registration of their marriage. If the child is born within 300 days after the divorce, recognition of the marriage invalid or the death of the husband of the child’s mother, the paternity of the child is determined on the basis of the mother’s application.
The paternity of the person not married to the child’s mother is determined in the state Civic Status Registration Departments on the basis of the common application of the child’s mother and father. In case of the mother’s death, recognition incapable by court or impossibility to determine the place of residence, or being deprived of the parental rights the child’s paternity is determined on the basis of the father’s application with the consent of the departments of custody and guardianship, and in case of the absence of such consent, by the court verdict.
Under the circumstances which lead to assume that after the child’s birth then submission of a common application is impossible or difficult, the unmarried parents of a future child can submit the application to the state Civic Status Registration Departments during the mother’s pregnancy. In this case the registration of the child’s parents is realized after the child’s birth.
The determination of paternity towards a person who has attained his/her majority is allowed only with his/her consent, and if the person is recognized incapable by court, with the consent of his/her guardian or the departments of custody and guardianship.
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