In what order the state registration of recognition of paternity in Armenia is carried out?

The paternity of the person being in marriage with mother of the child, is defined on the basis of the state registration of recognition of paternity in REGISTRY OFFICE body.

The state registration of recognition of paternity is carried out in the following cases:

1)    on the basis of the joint statement of the father and mother, being in marriage at the time of the birth of the child,
2) on the basis of the statement of the father who isn't in marriage with mother of the child, in case of death of mother, recognition its incapacitated, the impossibility of clarification of the location of mother, recognition of mother doesn't know absent or in case of existence of the come into force judgment about deprivation of her parental rights, and also a consent of bodies of guardianship and guardianship about paternity definition,
3) on the basis of the come into force judgment about the fact of recognition of paternity.

Registration of recognition of paternity is carried out irrespective of, whether there is a father of the child in marriage or not.

Recognition of paternity of rather full age person is allowed only in its consent and if it is recognized by court incapacitated - in a consent of the trustee or guardianship and guardianship body.

In case of registration of recognition of paternity according to the joint statement of parents the name and a surname of the child are determined by a consent of parents, and in case of lack of a consent - by the indication of bodies of guardianship and guardianship.

In case of registration of recognition of paternity according to the statement of the father, the surname of the child is determined by instructions of the father uardianship about paternity definition

At paternity recognition change of a name and a surname of the child to which 10 years were executed, can be carried out taking into account his opinion, the written consent.

In that case when data on the father of the child on the basis of the statement of mother, in the past noted in registration of the act of the birth, don't correspond to data of that person who admits the father of the child, the body of the REGISTRY OFFICE can't refuse registration of recognition of paternity and bring new data on the father of the child.

If parents of the born child aren't in the registered marriage and there is no joint statement of parents or the statement of the father for paternity registration, the paternity is defined in a judicial order, on the basis of respectively statement of mother or one of parents, the trustee of the child or the person under the care of whom there is a child; and on achievement of the child of majority - on the basis of the statement presented to last. In this case the court accepts any proof confirming in attention that this child is conceived from this certain person.

In case of death of the person considering as the father of the child, but not being in marriage with his mother, recognition of the last by the father of the child (paternity) can be confirmed in a judicial order.

What body in Armenia carries out the state registration of recognition of paternity?                                                                                           

The state registration of recognition of paternity is carried out by one of the following bodies of the REGISTRY OFFICE:     
• in a residence of mother or the father of the child, not being in marriage or,
• in a place of the state registration of the birth of the child,
• REGISTRY OFFICE body in the location of the court which has passed the decision on recognition of paternity or recognition of the fact of paternity if the paternity or recognition of the fact of paternity was solved in a judicial order.

What documents are necessary for the state registration of recognition of paternity in Armenia?

For the state registration of recognition of paternity in Armenia it is necessary:
1 . the joint statement of the father and mother, not being in the registered marriage,
2 . copies of identification papers of parents,
3 . the birth certificate of the child, except for cases when registration of definition of paternity is made at the same time with registration of the birth of the child.

For registration of recognition of paternity according to only the statement of the father are represented:

1 . statement of the father,
2 . identification paper of the applicant,
3 . if the birth of the child in the past was registered, its birth certificate,
4 . in case of death of mother or recognition of mother died - the certificate on death of mother or the copy of the judgment which have entered validity on recognition of mother died,
5 . in case of recognition of mother incapacitated and deprivations of her parental rights - the copy of the judgment which have entered validity,
6 . in case of impossibility of clarification of the location of mother - the copy of the judgment which have entered validity about recognition of mother it isn't known absent, or the reference issued by the relevant office of police, from a place of the last stay of mother about her absence,
7 . consent of body of guardianship and guardianship.

If the body of guardianship and guardianship doesn't give a consent for definition of paternity of the child, it is necessary to present the judgment which has entered validity to body of the REGISTRY OFFICE about paternity definition.

If definition of paternity or recognition of the fact of paternity was executed in a judicial order, for the state registration of paternity are provided:
1.  written statement,
2.  identification paper of the applicant,
3.  identification paper of the authorized representative, and the power of attorney certified by the notary or the person, competent in implementation of notarial actions;  and at representation in other state - assured by an apostille in established by the Hague Convention of 1961 <about the announcement invalid requirements of legitimation foreign official documents, in a notarial order the certified Armenian transfer (if the state isn't the member of the Convention, the document is necessary to consular assurance, and in case of the certain countries provided by international treaties of RA, any confirmations it isn't required),
4.  the judgment which has entered validity,
5. birth certificate of the child.

In case of registration of definition of paternity concerning the persons which have reached majority on the date of submission of the statement for definition of paternity, to REGISTRY OFFICE body together with the statement for recognition of paternity are presented:
1 . the documents, proving the identity of parents,
2  .  identification paper of the full age person,
3 . birth certificate of the full age person,
4 . the written consent of the full age person which can be expressed by its signature under his separate statement or the joint statement of parents (the statement of the father). In case of lack of the specified consent, the paternity is defined in a judicial order. At the same time, full age in writing declares change of the surname; wishes to carry a surname of the father or to keep a surname of mother.

In what terms the state registration of definition of paternity is carried out?

The state registration of definition of paternity is carried out in day of submission of the statement in REGISTRY OFFICE body.

What legal consequences are caused by the state registration of definition of paternity?

At paternity definition children have the same rights and duties on the relation of parents and their relatives, as children born at persons, being in marriage.

For more detailed information please send an e-mail to info@jurist.am They are always ready to help you.