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Civil Acts Registration

What is the procedure for establishment of paternity for a child?

The paternity of a person not married to the mother of a child is established on the ground of state registration of establishment of paternity at the body of civil status acts registration.

State registration of establishment of paternity is performed in the following cases:

(1)    on the ground of a joint application of the unmarried father and mother at the moment of the birth of the child;

(2)    on the ground of an application of the father of the child not married to the mother of the child - in case of death of the mother of the child, a civil judgment of the court on declaring the mother as having no active legal capacity, on the impossibility of establishing the location of the mother, on declaring the mother as missing or depriving her of parental rights, having entered into legal force, as well as in case of consent of the guardianship and custodianship body to the establishment of paternity;

(3)    on the ground of a civil judgment of the court on establishment of paternity or of the fact of establishment of paternity, having entered into force.

If one of the parents is not able to show up to the body of civil status acts registration for registration of establishment of paternity for a valid reason (distance of the place of residence, mother’s stay at a medical institution, military service, long-term secondment, being in a foreign state, etc.), the signature of the absent person in the joint application must to be certified by a notary or another person authorised to exercise notary functions (for instance, the head of a medical institution, his or her deputy for the medical section, senior or on-duty doctor), with an Armenian translation attested by notary. In case of death of the mother, or if the court declares the latter as having no active legal capacity, or if it is impossible to establish the place of residence of the mother, or if the mother is deprived of parental rights, the paternity of the child is established on the ground of the application of the father of the child, upon consent of the guardianship and custodianship body, and in case of absence of consent - upon a civil judgment of the court.

In case of presence of such circumstances that serve as a basis to assume that submission of a joint application for establishment of paternity following the birth of a child may become impossible or difficult, the parents of the future child, who are not married, may submit such an application to the body carrying out state registration of civil status acts during the pregnancy of the mother. In this case, the record on the parents of the child is entered after the birth of the child.

The establishment of paternity is registered irrespective of whether the father of the child is married or not.

Establishment of paternity for an adult person is permitted only upon his or her consent, and if the court has declared him or her as having no active legal capacity - upon consent of his or her guardian (custodian) or of the guardianship and custodianship body.

In case of registration of establishment of paternity by way of a joint application of parents, the surname and name of the child is determined upon consent of parents, and in case of absence of consent - as indicated by the guardianship and custodianship body.

In case of establishment of paternity upon the application of the father, the surname of the child is determined as indicated by the father.

In case of establishment of paternity, the name and surname of the child having attained the age of ten may be changed by taking into consideration his or her opinion, upon written consent.

In case when information on the father of a child has been previously specified in the act of registration of the birth of the child on the ground of the application of the mother, but it does not correspond to the information on the person who shall be established as the father of the child, the body of civil status acts registration may not reject the registration of establishment of paternity and the entry of new information regarding the father of the child.

If parents of the child born are not in a registered marriage, and if the joint application of the parents or the application of the father of the child regarding registration of paternity is missing, paternity is established through a judicial procedure, on the ground of the application of one of the parents or the guardian (custodian) of the child or of the person who takes care of the child, and after the child becomes an adult - on the ground of the application submitted by the latter. In this case, the court takes into consideration any evidence clearly establishing that the respected child has descended from that specific person.

In case of death of the person having acknowledged himself as the father of a child, but who is not in a marriage with the mother of the child, the fact of establishment of that person as the father (of the paternity) of the child may be established through a judicial procedure.

 

Which body carries out state registration of establishment of paternity?

State registration of establishment of paternity is carried out by one of the following bodies of the Agency for Civil Status Acts Registration:

1.   the body of civil status acts registration in the place of residence of the unmarried father or mother of the child, or

2.   the body of civil status acts registration in the place of state registration of the birth of the child,

3.   the body of civil status acts registration in the place of location of the court having rendered the civil judgment on establishment of paternity or of the fact of establishment of paternity, if the paternity or the fact of establishment of paternity has been established through a judicial procedure.

 

What documents are required for state registration
of establishment
of paternity?

The following documents are required for state registration of establishment of paternity:  

1.   joint application of the father and mother not being in a registered marriage;  

2.   copies of identification documents of parents;  

3.   birth certificate of the child, except for cases when registration of establishment of paternity is carried out along with registration of the birth of the child;

The following documents are submitted for registration of establishment of paternity upon the application of the father only:

1.   application of the father;  

2.   identification document of the applicant;  

3.   if the birth of the child has been registered in the past, his or her birth certificate;  

4.   in case of death of the mother or in case of the mother being declared dead - death certificate or the civil judgment of the court on declaring the mother dead, having entered into legal force;

5.   in cases of declaring the mother as having no active legal capacity or depriving her of parental rights - the copy of the civil judgment of the court having entered into legal force;

6.   in case of impossibility of establishing the location of the mother - the copy of the civil judgment of the court on declaring the mother as missing, having entered into legal force or a statement of information granted by the relevant bodies of the police in relation to the absence of the mother from the last known place of her residence;

7.   consent of the guardianship and custodianship body.

If the guardianship and custodianship body does not give consent to the establishment of paternity of the child, then the civil judgment of the court on establishment of paternity, having entered into legal force, is submitted to the Agency for Civil Status Acts Registration.

If the establishment of paternity or establishment of the fact of establishment of paternity has been carried out through a judicial procedure, the following documents are submitted for state registration of establishment of paternity:

1.   written application;

2.   identification document of the applicant;

3.   identification document and letter of attorney of the authorised person, attested by a notary or another person authorised to exercise notary functions, and in case of issuance in other states - attested with an apostille (“APOSTILLE”) as prescribed by the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, with Armenian translation attested by notary (if the state is not a member to the Convention, the documents are subject to certification by the consulate, and no attestation is necessary in case of certain countries envisaged by international treaties of the Republic of Armenia).

4.   the civil judgment of the court having entered into legal force;

5.   birth certificate of the child.

The following documents are submitted to the body of civil status acts registration along with the application for establishment of paternity in cases of registration of establishment of paternity for persons who are adults as of the day of submission of the application for establishment of paternity:

1.   identification documents of parents;

2.   identification document of the adult person;  

3.   birth certificate of the adult person;

4.   the written consent of the adult person, which may be expressed in a separate application of that person or with his or her signature placed under the joint application of the parents (application of the father). In case of absence of such consent, paternity is established through a judicial procedure. At the same time, the adult person informs in writing as to changing his or her surname: whether he or she wishes to bear the surname of his or her father or maintain the surname of the mother.

You can obtain the sample forms of the above mentioned applications on the website of the Ministry of Justice of the Republic of Armenia at www.moj.am or from the body of civil status acts registration.

 

How long does state registration of establishment of paternity take?

State registration of establishment of paternity is carried out on the day of submission of the application to the body of civil status acts registration.

 

What are the legal consequences of state registration
of establishment
of paternity?

When establishing paternity, children have the same rights over and obligations towards parents and their relatives as children born from persons in marriage.

 

What is the amount of the state duty?

A state duty of AMD 1 000 is levied for establishment of paternity.

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