Mother of missing serviceman failed to prove kinship due to surname change after marriage – court also refused her
The Darnytskyi District Court of Kyiv considered, in a separate proceeding, an application to establish the fact of kinship.
Circumstances of case No. 753/4765/25
The applicant applied to the court demanding to establish the fact that she is the mother of a serviceman who went missing on February 12, 2025, during a combat mission near the settlement of Bilohorivka in Luhansk Region.
In the child's birth certificate, the mother is recorded under the surname she had before marriage. After registering the marriage in 1998, the applicant changed her surname. Due to the discrepancy between the surnames in the birth certificate and her current documents, the civil registry authorities and the Ministry of Defense of Ukraine refused to issue the relevant documents and payments as the mother.
Court decision
The court denied the application to establish the fact of kinship.
The court found that the applicant did not provide sufficient, proper, and admissible evidence to confirm kinship with the serviceman. In particular, no court decision, forensic linguistic examination conclusion regarding the identity of surnames, or other convincing evidence was submitted. According to part 6 of article 81 of the Civil Procedure Code of Ukraine, evidence cannot be based on assumptions.
The court's decision can be appealed to the Kyiv Court of Appeal within thirty days from the date of its announcement.
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