A child's record "based on the mother's words" does not confirm the paternity of a serviceman: when court and DNA are needed
After the death of Ukrainian servicemen, questions often arise regarding the official confirmation of paternity, especially if the child was born out of wedlock. In such cases, the record of the father in the birth certificate alone does not always have legal force. If the information about the father is entered solely based on the mother’s words, the child is not considered officially to be the offspring of the deceased serviceman. To confirm the family relationship, a court procedure must be followed, and one of the key pieces of evidence can be a DNA test.
Why servicemen provide DNA samples
During the full-scale war, all Ukrainian servicemen submit DNA samples before being sent to the combat zone. This procedure is mandatory and is primarily used for identifying fallen defenders.
However, these samples can also be significant in other legal matters. In particular, they can be used when establishing the paternity of a deceased serviceman.
When the record in the birth certificate does not confirm paternity
Experts explained the situation when, after the death of a serviceman, there is a need to officially confirm his paternity regarding a child.
This concerns the case when a serviceman died at the front, and the child’s mother seeks to legally establish his paternity, including to exercise rights provided by law, such as those related to social benefits.
At the same time, the information about the father in the birth certificate was entered not based on confirmed paternity, but according to part one of article 135 of the Family Code of Ukraine — based on the mother’s statement.
That is why such a record is not legal proof of the child’s origin from the deceased serviceman and does not confirm the family relationship for state authorities.
How paternity is established after the death of a serviceman
In the event of the death of a man who was not married to the child’s mother, the fact of his paternity can only be established through court proceedings in accordance with article 130 of the Family Code of Ukraine.
One of the proofs in such cases can be the results of molecular genetic examination using DNA samples of the deceased serviceman.
After the court decision takes legal effect, the civil registry office makes changes to the child’s birth record and issues a new birth certificate. Only after this is paternity considered legally confirmed.
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