A dispute regarding maternity can arise when a woman who believes herself to be the mother of a child is not recorded as such. In such a situation, she has the right to file a claim against another woman who is recorded as the child’s mother.
It should be noted that challenging maternity is not possible in cases where assisted reproductive technologies were used. Maternity can be significantly challenged by the woman who is listed as the child’s mother, according to Article 139 of the Family Code of Ukraine.
In cases where the issue of challenging maternity is raised, the main subject of proof is the existence or absence of a biological relationship. An important feature is that the law does not establish a statute of limitations for claims by a woman challenging her maternity. At the same time, if a woman intends to recognize her maternity, the statute of limitations is one year from the moment she discovered or could have discovered her true maternity.
It is also important to note that if the statutory deadline for filing a claim is missed, the court may consider an application for the renewal of the deadline at the claimant’s request. Therefore, in situations related to disputed maternity issues, it is important to promptly seek legal assistance to protect your rights.
Challenging maternity is a complex and sensitive process that requires careful analysis of all the circumstances of the case. It can have serious consequences for all parties involved, so it is important to consider all legal nuances and act in accordance with established procedures. The following documents should be attached to the claim for challenging maternity:
- A receipt for the payment of the court fee (if the claimant is not exempt from paying the court fee);
- Copies of the claim in the necessary quantity;
- A copy of the child’s birth certificate (if possible);
- The registry office’s refusal to amend (exclude) the birth record regarding the father’s details;
- Evidence (copies) that can confirm that the claimant is not the father or mother of the child.
Family disputes are one of the most difficult categories of cases, so the involvement of a highly qualified specialist is necessary to achieve a positive outcome.
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The Lawyers and Realtors Association of Ukraine (“AROU”) offers its clients the following services:
- Writing statements, complaints, petitions, claims, and other documents required in the process of resolving your case;
- Legal support for your case and assistance in presenting documents to the relevant authorities;
- Representation of your interests in court at all stages and in all instances;
- Providing legal consultations.
We can help you even if you do not live in Kyiv, so feel free to contact us. Consulting a lawyer on matters related to maternity not only ensures you professional legal support but also significantly reduces the level of emotional stress.
Issues related to the recognition or challenging of paternity can cause significant emotional strain and become a source of psychological tension.
A professional lawyer specializing in family law knows how to effectively manage the situation, providing you with not only qualified legal assistance but also psychological support. They will help you focus on the legal aspects of the case, allowing you to relieve your mind from emotional tension.
