Establishment of paternity without the requirement to collect alimony

In most cases, the stated requirements for establishing paternity and collecting alimony for the maintenance of minor children are satisfied by the courts.

Civil cases on establishing paternity are considered by the courts in accordance with Article 47 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family".

When studying the cases of this category, it can be seen that the cases were considered with the participation of both sides, in some cases when the defendant did not appear at the trial for reasons unknown to the court, although he was notified of the place and time in a timely manner, the case was considered in absentia.

It should be noted that in practice, simultaneously with claims for establishing paternity, the plaintiff often submits claims for alimony.

In most cases, the stated requirements for establishing paternity and collecting alimony for the maintenance of minor children are satisfied by the courts.

In accordance with article 48 of the Code of the Republic of Kazakhstan "On Marriage and Family", a claim for establishing paternity may be filed by one of the parents, both the mother and the father of the child, the guardian, or the dependent person of the child, as well as by the child himself upon reaching the age of majority.

For example, the decision of the court of the G.M. district of the North Kazakhstan region satisfied the claim of S.Ya.P. to T.P.N. on the establishment of paternity.

According to the submitted written evidence and witness statements, it was established in the case that T.P.N., born on May 09, 1966, and G.I. Sidorenko lived together in an unregistered marriage, T.P.N. admitted that he was the father of S.Ya.P., born on October 21, 1990, was directly involved in the upbringing of his daughter, however since the plaintiff's mother and the defendant were not married and, at the time of the plaintiff's birth, the defendant was not at her mother's place of residence, the birth record of S.Ya.P. was recorded from the words of S.G.I.'s mother.

Taking into account the circumstances of the case, objectively testifying to the alleged paternity of the defendant T.P.N., as well as his subjective personal attitude to his paternity, the court established paternity in relation to S.Ya.P., born on October 21, 1990, a native of S. Privolnoye, Ruzaevsky district, Kokchetav region, indicating that her father was T.P. N., born on May 09, 1966.

Evidence should be taken into account that reliably confirms the child's origin from a specific person (cohabitation, running a common household before the birth of the child, co-parenting or maintenance of the child, expert opinions, etc.).

These circumstances must be established using the means of proof listed in Part 2 of Article 64 of the CPC RK - explanations of the parties and third parties, witness statements, written or physical evidence, expert opinions.

When considering an application for establishing paternity, the court must find out whether the child is descended from the defendant, taking into account the evidence provided by the parties. Such evidence may be provided by the following circumstances.

Firstly, the defendant's cohabitation and management of a common household with the child's mother before his birth. This fact may be confirmed by the presence of circumstances characteristic of family relations: living in the same apartment, eating together, taking mutual care of each other, acquiring property for shared use, etc. Termination of such relations between the parties before the birth of a child cannot in itself serve as a basis for rejecting a claim for establishing paternity, except in the following cases when they were discontinued before the pregnancy began.

Secondly, the joint upbringing of the child. It occurs when a child lives with his mother and the defendant, or the defendant communicates with the child, showing parental care and attention to him.

Thirdly, the joint maintenance of the child. It means that the child is dependent on the father and mother, or that the defendant provides systematic assistance in the maintenance of the child, regardless of the amount of this assistance.

The court also takes into account other evidence that reliably confirms the defendant's recognition of paternity. These may include the defendant's letters, questionnaires, statements, and other factual data that prove the defendant's recognition of paternity. Such recognition can be expressed both during the mother's pregnancy and after the birth of the child.

For example, the decision of the Kostanay City Court of the Kostanay region dated May 13, 2015 satisfied the claim of Andrey Gennadievich Ushenin to Nadezhda Borisovna Gudinova for establishing paternity in relation to the minor Viktor Andreevich Gudinov, born on September 20, 2006.

At the hearing, it was reliably established that Ushenin A.G. and Gudinova N.B. lived together from 2002 to February 2010, the marriage was not registered with the registry office, on September 20, 2006 Gudinova N.B. gave birth to her son Victor, from the moment of birth, the child lived with the plaintiff, since the defendant he abuses alcoholic beverages.

These circumstances were confirmed by joint photographs, the testimony of witnesses L.(G.) S.B., the defendant's sister, P.N.I., the defendant's neighbor, who confirmed in court the fact of U.A.G. and G.N.B. living together during the specified period, the upbringing and maintenance of the child by the plaintiff U.A.G.

When accepting a claim, the judge must check the absence of a registered marriage between the child's parents, and the absence in the registry office of a joint application for voluntary recognition of paternity, the absence of an entry about the child's father in the child's birth certificate, the registration of the child's birth in accordance with Article 187 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family."

When preparing a case for trial, it is necessary to summon the defendant to court and find out if he has objections to the claim and which ones. If the defendant does not object to the claim, the judge must explain to the parties the procedure for establishing paternity through the registry Office and set them a deadline for this.

A study of judicial acts has shown that courts do not always explain to the parties the procedure for establishing paternity through the registry office when the defendant acknowledges the claim. Such errors are allowed by courts of different regions.

If it is necessary to resolve issues related to the child's origin, the court may, taking into account the circumstances of the case, order a forensic medical examination.

Courts, as a rule, use this opportunity by appointing various types of examinations, including forensic biological examination of blood. Until recently, this examination could only indicate circumstances that exclude paternity, but not confirm it. The only question that could be put to the experts was whether the defendant's paternity was excluded by the properties of the blood. Currently, blood examination can be performed by genomic or genetic fingerprinting. This method allows you to determine the paternity of the defendant, that is, to answer the question of whether he is the biological father of the child, with a 99.999 percent reliability of the results. DNA is a molecule that is the main carrier of hereditary information, contained in the nuclei of all cells of the body. In order to establish who is the true biological father of the child, a simultaneous DNA analysis of the mother, the child and the alleged father is carried out. DNA for the study is isolated from the nuclei of leukocytes contained in the blood. The study of the structure of certain sections of DNA is the basis of molecular genetic examination.

When resolving claims for establishing paternity, the courts, as a rule, in all cases appoint a molecular genetic examination in the case, the conclusion of which is evaluated in conjunction with all other evidence collected in the case.

When considering cases of this category in the absence of the defendant in absentia, the courts take into account evidence that reliably confirms the child's descent from a particular person (explanations from the parties and third parties, witness statements, written or physical evidence, etc.).

The existing Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On Judicial Practice in cases of establishing paternity and the fact of recognizing Paternity" dated September 30, 1971, No. 7, as amended by Resolutions No. 3 dated March 29, 1983, No. 6 dated June 18, 2004, and No. 2 dated May 31, 2012, sufficiently provides clarifications on the application of legal norms governing the establishment of paternity.

 

 

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