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Cases of contesting paternity exclusion of an entry from the birth certificate of a child or introduction of new father's data

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Cases of contesting paternity exclusion of an entry from the birth certificate of a child or introduction of new father's data

The generalization showed that the courts have no difficulties in considering cases of this category. Claims aimed at challenging paternity, the exclusion of an entry about the plaintiff (defendant) from the act record of the birth of a child or (and) the introduction of new data about the father (entry by the father of another person), are considered by the court in the order of claim proceedings.  Based on the norms of family and marriage legislation (paragraph 1 of Article 51 of the Code) and the essence of the legal procedure itself, both paternity and motherhood can be challenged in judicial instances.

However, in judicial practice, motherhood is disputed much less frequently, since the legal procedure for establishing motherhood practically excludes the possibility of registering a woman as a mother if she is not actually one. 

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