Judicial establishment of the fact of paternity: theoretical and practical aspects

The article is devoted to a comprehensive study of the theoretical and practical aspects of the judicial establishment of paternity. The work analyzes the fundamental principles of Ukrainian family legislation regarding the determination of a child’s origin, which serves as a key prerequisite for the emergence of mutual rights and obligations between parents and children. The author draws a clear distinction between the procedures for the recognition of paternity, which is considered in adversarial proceedings (action proceedings) regarding a living person, and the establishment of the fact of paternity. The latter is implemented after the death of a man or his being declared deceased through special proceedings, or, in the event of a dispute over a right, through action proceedings. Particular attention is paid to the actualization of these issues under the legal regime of martial law. It is noted that establishing the child’s origin from a deceased serviceman is currently not only a legal issue but also an alternative-free legal basis for ensuring social justice. A court decision in this category of cases serves as a crucial instrument allowing for the realization of a child’s constitutional guarantees to state assistance, survivor’s pension, one-time financial aid, and the formalization of inheritance rights. The article analyzes the current legal positions of the Supreme Court. It is established that although molecular genetic testing remains the priority evidence with the highest degree of probability (99.9%), modern judicial practice demonstrates that the principle of comprehensive assessment of evidence allows courts to render decisions based on the totality of other evidence (written, electronic, and witness testimony). A separate aspect of the study is the analysis of the application of Article 109 of the Civil Procedure Code of Ukraine. The author notes that the evasion of a deceased person’s relatives from participating in the examination is interpreted as a ground for recognizing the fact of paternity, serving as an effective safeguard against procedural abuses. The conclusions emphasize that legal certainty and clear judicial practice in the field of establishing paternity are essential for transforming declarative constitutional norms into a functional mechanism for protecting the interests of the families of Ukraine’s fallen defenders, contributing to the stability of children’s legal status and their further development.