The right to recognize maternity through judicial means is granted to a woman who believes she is the mother of a child, provided that the record of maternity has been made by a guardianship and custody authority in cases where the parents of the child are unknown. The reasons why maternity was not established extrajudicially can vary.
Article 131 of the Family Code of Ukraine details situations where fictional individuals are listed as the child’s parents in the birth registration documentation. This can occur if a woman gives birth and leaves the child in a hospital or abandons the child while using someone else’s last name.
In such cases, a woman who believes she is the child’s mother has the right to file a lawsuit to establish her maternity. However, similar to the provisions of Article 128 of the Family Code, a claim for recognition of maternity can be submitted not only by the person asserting to be the child’s mother but also by the child’s guardian, custodian, or the child themself if they have reached adulthood. The grounds for satisfying such a claim are similar to those for establishing paternity through judicial means.
Thus, any evidence collected in accordance with the law, such as witness testimony, written documents, or expert conclusions, can support the claim. Cases concerning the recognition of maternity are considered in a civil procedure due to the presence of a dispute over the right, rather than the fact of maternity, which can be established under Article 132 of the Family Code.
In these cases, the defendant is the child as a potential future subject of family relations with the person claiming to be their mother. The woman recorded as the child’s mother acts in the case as the legal representative of the minor defendant.
If the claim is filed by the child’s guardian, custodian, the person maintaining and raising the child, or the child who has reached adulthood, the defendant is recognized as the person the plaintiffs seek to establish as the child’s mother.
In consideration of the child’s best interests and the necessity of ensuring a family upbringing, an application for recognition of maternity cannot be satisfied if the child has been adopted. Furthermore, the existence of a court decision recognizing maternity does not serve as an absolute basis for removing the child from the persons with whom they reside.
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After recognizing maternity, the corresponding changes are made to the birth record: the woman whose maternity is recognized by the court is recorded as the mother, the child’s last name is changed to that of the woman, and the child’s first name and patronymic may also be changed at her request. However, changing the child’s first name requires the child’s consent, according to the rules of Article 231 of the Family Code of Ukraine.
The Lawyers and Realtors Association of Ukraine (AROU) offers a wide range of services if you need to recognize maternity:
- Comprehensive legal consultation on the necessary issues;
- Legal support at all stages of resolving the issue of recognizing maternity;
- Representation of your interests in court;
- Preparation of all necessary documents for controlling authorities, guardianship and custody authorities, and judicial instances;
- Assistance in appealing decisions.
We offer you appropriate and highly qualified assistance from specialists who can provide consultations even if you do not live in Kyiv and cannot physically be there.
