In the armed forces explained at what point you can challenge paternity in court
MOSCOW, 27 Jun — RIA Novosti. The child’s paternity may not be contested before his birth, the courts must reject such claims, explains the Plenum of the Supreme court of the Russian Federation on issues of establishing the origin of the children.
“When deciding on the acceptance of the application to the court to consider that, as a record of the child’s parents made only after the birth of the child (the second paragraph of paragraph 3 of article 48 of the RF IC), disputes related to the establishment of origin of children can also be allowed by the court only after the birth of the child. If the statement in dispute regarding the establishment of origin of the child filed prior to the birth of a child,” says the Russian armed forces.
He recalls that this refusal does not preclude re-applying to the court to establish paternity after the birth of a child.
Sun also explained that when the establishment or contestation of paternity in the court to a minor, the permission of his parents for such litigation is not required.
“Courts should keep in mind that, in accordance with paragraph 3 of article 62 of the Family code minors parents have the right to recognize and challenge their parenthood on a common basis, that is, the consent of the parents (persons in Loco parentis) of minors of the father and mother for a child birth registration and the establishment of maternity and paternity is not required. At the age of 14 years, the minor’s parents are entitled to apply to the court to establish paternity (maternity) in relation to their children,” recalls court.
The Plenum of the Supreme court of the Russian Federation the Russian courts interpret laws, they are Advisory in nature.