How to Establish Paternity if the Father Went Missing During the War: Explanation

During the war, situations increasingly arise where it is necessary to establish or recognize the paternity of a man who went missing. Most often, this concerns cases where the child’s parents did not have time to register their marriage or properly formalize paternity. The Novomyrhorod City Council reminded how to act in such cases.

How to Prove the Fact of Paternity

To establish paternity in cases where the child’s father went missing, the results of kinship expert examinations between the child and the man’s relatives can be used.

Such an examination can be conducted either by a court order after satisfying a petition for a judicial molecular genetic examination or on one’s own initiative.

Currently, these studies are conducted by private institutions operating under licenses issued by the Ministry of Health of Ukraine.

How DNA Testing is Conducted

The procedure begins with collecting genetic material from all participants in the study. Usually, buccal epithelium is used, taken by swabbing the inner surface of the cheek.

Genetic material is collected not only from the child and the father’s relative but also from the child’s mother.

The obtained samples contain cells with a complete set of genetic information. Upon arrival at the laboratory, DNA is extracted from the cells and examined using the polymerase chain reaction (PCR) method. This allows increasing the amount of certain DNA segments and studying the presence of corresponding genetic markers.

After that, the DNA markers of the presumed relative are compared with the child’s DNA markers. Based on the results, a statistical analysis is performed and a kinship index is determined.

What the Kinship Index Means

The kinship index is considered confirmation of a biological connection if its value exceeds 1.0.

If the indicator is less than 1.0, it indicates the absence of a biological connection between the persons.

The higher the kinship index above 1.0, the greater the likelihood of a family relationship. Conversely, the lower the indicator below 1.0, the less likely such a connection is.

Thus, even if the child’s father died or went missing, paternity can be established in court using the results of molecular genetic examination if other relatives are available.

Is it Possible to Establish Paternity Without an Examination

According to Article 128 of the Family Code of Ukraine, the basis for recognizing paternity is any information confirming the child’s origin from a certain person and collected in accordance with the requirements of the Civil Procedure Code of Ukraine.

Therefore, a person applying to the court with a claim must not only request the establishment of paternity but also provide specific evidence confirming the paternity of a particular man regarding the child.

The Novomyrhorod City Council also emphasizes that even if a man does not dispute his paternity, but there is no evidence in the case to confirm it, the court’s decision to recognize paternity may be deemed unfounded.

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