Subject of Dispute: Recognition of Paternity and Modification of Father’s Information in the Birth Certificate
Key Arguments of the Court:
The court drew attention to a gap in legislation regarding the establishment of paternity when a biological father wants to recognize his paternity. The Supreme Court emphasized that depriving a man of the right to initiate a lawsuit for paternity recognition contradicts the principles of fairness and reasonableness.
The court stressed the necessity of comprehensive evidence examination, particularly the genetic expertise conclusion, and taking into account the best interests of the child. It is important to clarify the circumstances of the case, including the reasons for the mother’s and child’s non-appearance for expertise.
The court also noted the need to consider the opinion of the child, who is already 16 years old, since the case concerns changing her surname and patronymic.
Court Decision: To cancel the appellate court’s resolution and refer the case for a new review to the appellate court for a complete and comprehensive investigation of the case circumstances.
