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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

Hello, my brother is divorced; court judgment came into force on 1.06.2006. In July 2006 his ex-wife gave birth to a child. As she doesn’t have a divorce stamp in her passport the child was registered as my brother’s child. We applied to a Civil Records Office to change information about child’s father but were refused and advised to seize the court. My brother has got a divorce stamp in his passport and a divorce certificate (issued by the same Civil Records Office) it means that the officers made a record without verification of information actuality in violation of regulations as my brother should have submitted an application in order to be recognized a the child’s father which he didn’t do. In addition, I think that these acts fall under Art. 69, 70 of the Federal Law of the Russian Federation “About Certificates of Civil Statutes”. According to the mentioned articles a document issued by a Civil Records Office and certifying that data given in a civil statutes document is incorrect or incomplete is a sufficient ground for correction or amendment of such document. Why do the officers advise us to go to the court when it is their fault as they registered a divorced man as child’s father which is not correct?

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Answer

Actions of Civil Records Office employees are lawful. According to Art. 48 part 2 of the Family Code of the Russian Federation, in case a child is born in marriage or within three hundred days from the date of divorce a husband (ex-husband) of child’s mother is considered to be child’s father unless otherwise proved. Paternity of a spouse of child’s mother is certified by a record of their marriage. A similar provision is contained in Art. 17 part 2 of the Federal Law of the Russian Federation “About Certificates of Civil Statutes” according to which in case a marriage between child’s parents has been dissolved but the period form the date of the divorce to the date of child’s birth doesn’t exceed three hundred days, information about child’s father shall be entered in the birth certificate in accordance with the marriage certificate of child’s parents or any other document certifying state registration of the marriage as well as a document certifying the fact and the date of marriage dissolution. Therefore this issue may be solved only judicially.

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