Establishment of Paternity — Grounds and Routes
The mutual rights and duties of parents and children are founded on the origin of the children, confirmed in the manner established by law. The route for establishing paternity depends on whether the parents are married: between married parents the matter is resolved by an administrative application, while between unmarried parents a joint application is sometimes sufficient, and in the case of disagreement or the impossibility of submitting one, the matter goes to court. At the first stage we determine which construction fits your situation, which documents are needed and where the risks lie — because a record, once made, can subsequently be contested only under a defined procedure. Establishing paternity is the foundation of the child's legal position: it is the record that determines upon whom the fact of origin confers rights and duties, which is why postponing this step or performing it superficially later demands more time and expense than building it correctly from the start.
Married Parents and the Case of the Father's Death
The origin of a child from married parents is confirmed by the joint application of the spouses or of either of them, together with documents confirming the birth of the child and the marriage of the parents. A special rule is contained in Article 1188: in the case of the father's death, the child is considered to have originated from married parents if the child is born not later than ten months from the father's death. This norm protects the rights of a child born after the father's death, and its correct application depends on documentary precision — that is exactly where our experience comes in.
Unmarried Parents — Joint Application or Court
The origin of a child from unmarried parents is established by the parents' joint application together with a document confirming the child's birth. Where the parents' joint application does not exist or cannot be submitted, the paternity of the child may be established through the courts on the basis of an application by either parent, by the child's guardian (custodian) or by the person in whose care the child is, and also by the child's own application after the child has attained majority. The court route requires a precisely formulated demand and a package of evidence, and we assemble that package according to the status of the person entitled to bring the claim. One further route deserves mention: the origin of a child from unmarried parents may also be established, in the manner defined by law, by the civil acts registration authority when it establishes a fact of legal significance for the person's birth at a definite time and in definite circumstances — an administrative channel exists as well, and using it often removes the court dispute from the outset.
Evidence, Contesting the Record and the Child's Interests
The court decides the question of the child's paternity in accordance with the results of biological (genetic) or anthropological examinations. Where establishing paternity on that basis is impossible, the court takes into account the cohabitation and the running of a joint household by the mother and the declaring person before the child's birth, the facts of the child's joint upbringing or maintenance, or other supporting documents. Also important: a person who has a justified suspicion that he himself is the child's father may contest the record concerning the child's father made in the civil acts registration authority within one year from the time he learned or should have learned of that record. In addition, the court may refuse to establish the paternity of the child where the establishment would run counter to the child's interests, while after establishment the children have towards the parents and their relatives the same rights and duties as children originated from married parents. We build the correct sequence of evidence and calculate the time limits for each individual case. From the examination to the contesting of the record, every step must be scheduled on time: a missed deadline extinguishes the right to apply against the record, while wrongly chosen evidence adds extra rounds to the case.
Frequently Asked Questions
Below we answer the questions raised most often about establishing paternity.
What happens if the father died before the child's birth?
In the case of the father's death, the child is considered to have originated from married parents if the child is born not later than ten months from the father's death. The documentary side is decisive here.
Do unmarried parents always need a court?
No — the origin may be established by the parents' joint application and a document confirming the child's birth; the court route arises where the application does not exist or cannot be submitted.
On what evidence does the court decide?
On the results of a biological (genetic) or anthropological examination; where those are impossible — on cohabitation, a joint household, the facts of joint upbringing or maintenance, and other documents.
May the record concerning the father be contested?
Yes — a person with a justified suspicion that he himself is the father may contest the record within one year from the time he learned or should have learned of it.
How We Help on Legal.ge
We prepare the applications and the claim, organise the requesting of examinations and documents, represent you both in establishment and in contesting cases, and safeguard the balance of the child's interests. Contact us on Legal.ge — we will assess your case and choose the shortest lawful route to establish paternity.