To men on a note: how to challenge paternity?
Are known that by different estimates the number of the children born not from their official father reaches 30% .
What to do to the man if he had doubts in the paternity? For a start needs to confirm them or to disprove by means of DNA - the analysis. The order of the Ministry of Health of the Russian Federation N161 of April 24, 2003 “About the approval of the instruction on the organization and production of expert researches in bureau is judicial - medical examination“ regulates procedure, in particular:
7. 3. 7. Level of substantiality of expert research in case of not exception of paternity, motherhood has to make the following values.
7. 3. 7. 1. For a full trio (mother - the child - the alleged father) provided that the validity of other parent is considered indisputable:
- it is not lower than 99,90% (counted as Bayes probability of paternity / motherhood);
- is not lower than 1000 (counted as an index of paternity of PI).
7. 3. 7. 2. For a duet (the child - the alleged father) in the absence of other parent:
- it is not lower than 99,75% (counted as Bayes probability of paternity / motherhood);
- not lower than 400 (counted as an index of paternity of PI). Reliability of results, as you can see, is extremely high
. However be ready that the court will not accept the conclusion of laboratory as the decisive proof and will appoint repeated examination.
Laboratories now, thank God there is, a lot of, and the prices are quite available to most of men. Many laboratories offer service in anonymous carrying out the analysis, in this case samples of biomaterial and results are sent by mail.
Though we also live in the country of the won feminatsizm, our legislators were not honored to forbid men to make DNA yet - examination of the children without the knowledge of their mother as it is made, say, in Germany: for carrying out tests without consent of mother and without sanction of court the German legislation provides a penalty at the rate to 5 thousand euros.
It is necessary to take from child(children) biomaterial for the analysis according to requirements of that laboratory which was chosen. Usually this small amount of saliva or bunch of hair.
What to do if the test established that you are not a father of the child and decided to challenge paternity?
Article 52 Family code. “Contest of paternity (motherhood)“ says:
1. The entry of parents in the blotter of births made according to paragraphs 1 and 2 of article 51 of the present Code can be challenged only in a judicial proceeding upon the demand of the face which is written down as the father or mother of the child, or the person, actually being the father or mother of the child, and also the child on reaching it of majority, the trustee (trustee) of the child, the trustee of the parent recognized by court incapacitated.
So, you need to submit a claim on contest of paternity. The approximate sample of such zyavleniye can be taken here: ru/wp/wp - content/uploads/downloads/2011/02/Osparivanie_otzovstva. pdf.
It is probable that for representation of your interests in court you need the competent lawyer. In addition you can consult in legal sections of resources of the Man`s Movement.
Several remarks in end.
1. It is quite probable that DNA - the test can not be necessary. The matter is that there are tables of probability on blood types. Let`s tell, parents with 1 - y a blood type in principle cannot have a child with other group. Look for this information and compare with blood types of the child and parents.
2. Article 52 of the Family code contains very artful point: “2. The requirement of the face which is written down by the child`s father on the basis of paragraph 2 of article 51 of the present Code about contest of paternity cannot be satisfied if at the time of record this person knew that it actually is not the child`s father“. In other words, if it is proved that at the time of registration of the child you knew that the father not you, then you will not be able to challenge paternity .
3. I want to remind that according to the Family code of the Russian Federation, the child who was born within 300 days after divorce automatically registers in the ex-husband with all that it implies. Procedure of contest of paternity can drag on for years as it showed the well-known business of Shofman. Nobody will return the alimony paid for these years to you. So make out official divorce in time, men.
And it is even better - boycott official marriage and demand radical change of the family legislation and introduction of criminal article for false paternity.