A father's request to order a genetic examination is an example. Federal State Budgetary Institution Russian Center for Forensic Medical Examination of the Russian Ministry of Health

Brother

Form of a petition to order a forensic genomic-dactyloscopic examination and a court ruling on its appointment.

TO THE BUTYRSKY DISTRICT COURT Plaintiff's data. Representatives of the plaintiff: lawyer, defendant, defendant's details

Petition
on the appointment of a forensic genetic examination

I ask you to schedule a forensic genetic examination to establish paternity in court XXX in relation to the plaintiff’s daughters – Y and YY at the Republican Center for Forensic Medical Examination of the Ministry of Health of the Russian Federation.

The plaintiff is a single mother and the costs of conducting an expensive examination will place a heavy burden on her and her daughters. In accordance with paragraph 1 of Art. 79, pp. 3 and paragraph 3 of Art. 96 I request that the defendant pay the costs of the examination.

date
advocate

DEFINITION

Date Butyrsky District Court of Moscow composed of the presiding judge,
having considered a civil case in open court
according to the claim of ZZZ to XXX for establishing paternity and collecting alimony

INSTALLED

The plaintiff filed a lawsuit to establish paternity, arguing that the defendant is the biological father of her minor daughters Y_ January 200_ born and YY _ January 200_ born. However, the defendant refused to acknowledge his paternity.

Before considering the case on the merits, the plaintiff filed a petition for a forensic genetic examination to establish the paternity of her daughters. Thus, the court faces a question that requires special knowledge in the field of genetics and medicine.

From the case materials it follows that the defendant does not recognize the claims made by the plaintiff, and therefore the court considers it necessary to order a forensic genetic examination in the case to establish paternity in relation to Y and YY. Since the defendant does not recognize the stated demands, the children are fully dependent on the plaintiff, the court decides to assign payment for the services of experts to the defendant.

Since the examination requires a significant amount of time, the court considers suspending the proceedings until the expert opinion is received.
Based on the above, guided by art. Art. 79, 80, 246 Code of Civil Procedure of the Russian Federation, court

DEFINED

Order a forensic genetic examination in the case, entrusting it to specialists from the Russian Center for Forensic Medical Examinations (Moscow, Sadovo-Kudrinskaya St., 3, building 2), warn the experts about criminal liability under Art. 307 of the Criminal Code of the Russian Federation. Ask the experts for permission to ask the following questions:
1. Is paternity of XXX excluded in relation to minors Y _ January 200_ year of birth and YY _ January 200_ year of birth.
2. Provide the materials of the civil case to the experts.
3. Pay for the examination services to XXX.
4. Suspend the case until the results of the examination are received.

The suspension ruling can be appealed to the Moscow City Court through the district court within 10 days.

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How to challenge paternity. Genetic DNA testing

Challenging paternityIn accordance with Art. 122 of the Family Code of Ukraine, a child who is conceived or born in marriage comes from spouses. But, unfortunately, recently, conception, and sometimes even the birth of a child, very often occurs long before the official registration of marriage. In addition, as practice shows, often the father of a child born in marriage is a completely different man. This is clearly evidenced by the frequent appeals from citizens on this issue. How can you help in such a situation?

The person who is registered as the father of the child in accordance with Art. Art. has the right to challenge his paternity in court. 122, 124 and 126 of the Family Code of Ukraine. Namely, a man has the right to challenge his paternity:

1. if the child is born in marriage

2. if at the time of the child’s birth the parents were not married, but when registering the birth the father recognized his paternity

3. if the child was born before the expiration of ten months from the date of divorce or recognition of the marriage as invalid, but after the registration of his mother’s remarriage with another person

The person registered as the father of the child does not have the right to challenge his paternity if at the time of registering himself as the father of the child he knew that he was not the father of this child, as well as the person who consented to the use of assisted reproductive technologies.

But there must be compelling reasons to challenge paternity and go to court. Most often, this situation arises in cases where the spouses have long ceased marital relations, the woman actually lives with another man, not attaching importance to the fact that she is legally still the wife of her first husband. She gets pregnant and gives birth to a child from another man, and when she comes to the Civil Registry Office to register the birth of the child, problems arise. Of course, this issue can be resolved without trial if you appear at the Civil Registry Office together with your legal and actual husband and write the appropriate statements. What if it is impossible to find a legal husband? In this case, he will be recorded as the father of the child and will be able to challenge his paternity only in court.

There is another situation: spouses have been legally married for a long time. They have no children. The husband goes on a long business trip, and upon returning he finds out that he will soon become a father. The wife swears that the child is his, but friends and neighbors say they saw her ex-boyfriend visiting her while her husband was away. A child is born, in accordance with Part 1 of Article 121 of the Family Code, the husband is recorded as the father of the child, but doubts remain. The wife refuses to conduct the examination. In this case, the husband has the right to challenge his paternity in court.

It is clear that the consideration of such a personal issue in a court hearing is a very unpleasant matter, but it cannot be done without digging through the laundry. The plaintiff must provide evidence. Because, in accordance with civil law, the burden of proof in civil proceedings falls on the plaintiff. What evidence can be presented to the court? These could be travel documents, travel tickets (if, for example, you lived in another state for a long time). Also in the statement of claim, you can ask the court to call witnesses who can confirm that in your absence another man visited his wife.

An important piece of evidence in such a case can be genetic testing. If both parties agree to conduct an examination, you can personally contact a private clinic. But if the defendant objects, then the plaintiff can ask the court to order such an examination.

What to do if the defendant refuses to comply with the court ruling and take part in the examination? Part 2 of Article 146 of the Civil Procedure Code of Ukraine stipulates that if the defendant evades conducting a forensic biological (forensic genetic) examination in cases of establishing paternity and maternity, the court has the right to issue a ruling on forced delivery to conduct such an examination. There is also Resolution of the Plenum of the Supreme Court of Ukraine No. 3 dated May 15, 2006, which states that if a party in a case of the specified category evades participation in the examination or submits the necessary materials, the absence of which makes the examination impossible, the court may recognize the fact for establishing which this examination was appointed.

We should also not forget that the court will evaluate the conclusion of the forensic genetic examination taking into account the provisions of Art. 212 of the Code of Civil Procedure, according to which no piece of evidence has a predetermined value for the court, the court evaluates the evidence in its totality, and displays the evaluation results in a decision indicating the reasons for their acceptance or rejection. Therefore, if you have already decided to go to court with such a sensitive issue - be convincing and tell the truth - then the law will be on your side.

If the court recognizes the fact that there is no relationship between the father and the child, in the operative part of the decision the court will also indicate the need to remove information about the father from the child’s birth certificate. Therefore, after receiving such a decision, the plaintiff should contact the Civil Registry Office department at his place of residence to exclude information about his paternity from the child’s birth certificate.

For more detailed advice and preparation of a statement of claim, you can seek help from a good lawyer.

If you need help in drawing up a competent statement of claim, write to us here. and for a reasonable fee, the application will be drawn up by a qualified lawyer in the best possible way.

Based on materials from uk-alfa.com

Popular document samples and templates

Petition to order a genetic examination

Sample petition in a civil case to order a genetic examination (DNA examination). A large number of petitions for the appointment of various examinations can be found in the section: “Petitions for examinations”.

Genetic or molecular genetic forensic examination is carried out in cases where it is necessary to establish DNA matches in various biological objects. Such examinations are most common in cases of establishing paternity or challenging paternity. establishing family relationships.

When conducting a genetic examination, it is necessary to submit DNA samples for testing; as a rule, citizens donate blood for this purpose. Establishing the origin of a child from a specific person is possible based on the results of a blood test of the child and the father, or other relatives.

The following questions are usually asked for permission from forensic experts when conducting DNA testing:

  1. Does the blood on the object being examined belong to a specific person?
  2. Is the defendant the biological father of a particular child?
  3. Is the defendant the child's mother?
  4. Could the plaintiff have become pregnant from a specific man?

Forensic genetic examinations are carried out in public and private medical institutions that have the necessary equipment for conducting DNA research and specialists in this field of expert activity.

To properly substantiate your position when ordering a forensic examination, we recommend that you familiarize yourself in more detail with the rules for appointing examinations in civil cases. When drawing up a written petition, we advise you to use the rules for drawing up a statement of claim.

IN ___________________________

(name of court)

From: _________________________

(full name, address)

in civil case No. _______

according to the claim of __________ (full name of the plaintiff)

to ____________ (full name of the defendant)

Petition

about ordering a genetic examination

The court is proceeding with civil case No. _____ on the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) about _________ (indicate the essence of the claims).

In its defense, the defendant objects to the claim. I believe that establishing _________ (indicate the circumstances that need to be confirmed through expert research) is possible by conducting a forensic molecular genetic examination.

Based on the above, guided by Article 79 of the Civil Procedure Code of the Russian Federation,

    Schedule a forensic genetic examination and, with the permission of the experts, pose the following question: _________ (indicate questions for the expert). To entrust the examination to _________ (name of the expert institution). Pay for the examination to be assigned to _________ (indicate who should pay for the examination).

List of documents attached to the petition (copies according to the number of persons participating in the case):

Documents confirming the grounds for requesting a genetic examination.

Date of application submission ___ _________ ____ Signature _______

Petition to order a genetic examination (16.5 KiB, 1,403 hits)

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Establishment of paternity in court. Statement of claim to establish paternity

In the event of the birth of a child to persons who are not officially married to each other or in the absence of a joint application to establish paternity in the registry office, as well as in the absence of an application from the child’s father, the child’s descent from the putative father is carried out in court. at the request of one of the parties (parents, guardians and dependent persons of the child). In this case, the court takes into account any evidence in this case.

Cases are not uncommon when the real (biological) father, who is not married to the child’s mother, not only does not come to the registry office to jointly submit applications for the birth of a child, but also tries in every possible way to evade the responsibilities of a parent. Therefore, the law provides for the possibility of establishing paternity in court - a claim is filed to establish paternity (you can download the application here) from the mother or guardian (trustee) or from the person who is dependent on him. According to Article 28 of the Code of Civil Procedure of the Russian Federation, a claim is brought to the court at the place of residence of the defendant, but on the basis of paragraph 3 of Article 29 of the Code of Civil Procedure of the Russian Federation, the plaintiff also has the right to bring a claim to the court at the place of his residence.

To establish paternity of children born after the entry into force of the Family Code (after March 1, 1996), the court takes into account any evidence that reliably confirms the origin of the child from this person. This evidence must be reliable and conclusive.

It can be:

  1. audio and video recordings
  2. expert opinion
  3. written evidence
  4. testimony of parties and eyewitnesses
  5. evidence

An example would be correspondence between the defendant and the plaintiff indicating the fact of paternity or actions taken in this direction. Submission by the defendant of applications at the place of work for the provision of financial assistance.

For the trial, it does not matter to what period of time the evidence obtained to establish paternity relates.

If, after providing evidence of paternity, the potential father denies this fact, the court will order an examination.

Here it should be noted the importance of forensic biological examination of the plaintiff, defendant and child. Today, such an examination can not only exclude kinship, but also prove it 99.90%, and you only need to send a drop of blood from each side.

Genetic testing today is the most reliable way to prove paternity; it is carried out in almost all cases related to establishing paternity. Today, only some regions have special biological centers with the necessary equipment. But examinations carried out in such centers do not always constitute legal evidence for the court. Not all biological centers have a license to carry out expert activities.

Some courts do not require such a basis, but higher courts do. In case of appealing a court decision, examination results that have judicial significance will be needed (Medico-Biological Center LLC conducts examinations of international quality according to state standards, all examinations have legal force and are indisputable evidence during all trials).

The Plenum of the Supreme Court of the Russian Federation, in its Resolution dated October 25, 1996, On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony, decided that the court has the right to order an examination in certain cases (for example, if there is insufficient evidence confirming the paternity of the defendant). This means that if you have enough irrefutable evidence to establish paternity. then it is quite possible to do without an examination. However, in practice there is not much such evidence and it is quite possible that the court will personally order an examination to establish paternity and your trial will drag on for some more time. It would be logical to conduct an examination in advance and attach the expert opinion to the case in the form of evidence. After all, the expert opinion of a genetic examination to establish paternity in the event of a coincidence of the DNA of the alleged father and the child is one hundred percent grounds for satisfying the claim!

And, it should be remembered that according to Article 79, paragraph 3 of the Civil Procedure Code of the Russian Federation: if a party evades participation in the examination, fails to provide experts with the necessary materials and documents for research, and in other cases, if, due to the circumstances of the case and without the participation of this party, it is impossible to carry out the examination, the court, depending on which party evades the examination, as well as what significance it has for it, has the right to recognize the fact for the clarification of which the examination was appointed as established or refuted. In fact, this means that if the potential father evades the examination, the court has the right to recognize him as the father of the child and satisfy your claim.

You will also have the right to ask for blood to be collected from all participants in the process (mother, father and child) directly in the courtroom.

In the event of the death of a person who was previously considered the parent of a child, but was not officially married to the mother of this child, the fact of his recognition of paternity can also be established in court according to the rules established by the legislation of the Russian Federation.

Application to challenge paternity

Below is a statement of claim drawn up by us for a specific civil case to challenge paternity. The situation was considered when the parents were not in a registered marriage and had never even lived together. Paternity was established through a joint application by the mother and father of the child to the civil registry office with a corresponding application to establish paternity.

District Court

The edges

Plaintiff: (full name, address, telephone)

Defendant: (full name, address, telephone)

STATEMENT OF CLAIM

about challenging paternity

In 1993, I met a resident of ____________ region, the defendant (full name).

I periodically communicated with her by phone, corresponded, visited her during vacation periods and on holidays. In 1995, the defendant told me that she was expecting a child with me. We had a trusting relationship, and therefore I believed her, I was very happy, since I did not have children.

In 1995, the defendant’s son _________ was born. She still insisted that this was my son, that he looked like me, she called and talked about him: how he was growing, what he had learned to do, what he needed. She constantly kept me informed about his state of health, informed me in detail about my son: what he does, what educational institutions he attends, about his abilities, about his development. I continued to believe her that this was really my child, and therefore I constantly called her, inquired about his health and his affairs, came to them to visit my son, the child also constantly (once a year) came to Novosibirsk to visit me or I went to see him. To all my numerous relatives and acquaintances in Novosibirsk, I introduced the son of the defendant _________a as my child, and all my relatives, accordingly, treated him as my son and their loved one: they received him at home, bought him gifts, rejoiced at him emergence and its success. The fact that the defendant’s son _________ was introduced to my relatives, exactly how my child and I always treated the defendant’s child as my son, not knowing that I was not his father, can be confirmed at the court hearing by witnesses (full name), (FULL NAME), _______________.

In addition, I did not spare money for the maintenance of the child: from the time the child was born (!) I provided the defendant with financial assistance for his maintenance, namely, I sent money to the defendant’s personal account No. _______________ in the branch of the Savings Bank of the Russian Federation No. _________ in the city of ______ ______ edge, and then to her card account No. _____________ also in the Savings Bank of the Russian Federation. I never collected evidence of sending money transfers to the defendant, because I did not imagine that I would need it. Having applied to the Security Council of the Russian Federation with a request for information about my sending money transfers to the defendant, I received a refusal (attached to the application). However, the named banking institutions can confirm, at the request of the court, the fact that I transferred funds to the defendant for the period from the time of the birth of the child to 2012. In the summer, the child often lived with me in Novosibirsk and was fully supported by me, as witnesses can confirm ___________________

Also, several times I bought him vouchers to a children’s health camp, where he went on vacation, in support of which the voucher stubs and confirmation of payment were attached to the statement of claim. The fact that from the time the child was born I took part in its maintenance and provided financial assistance to the defendant can also be confirmed by these witnesses.

I did all this, despite the fact that the relationship with the defendant herself had gone wrong. The subject of our communication all these years was only the child.

In 2009, when the child turned 14 years old, I, being absolutely sure of my paternity in relation to the son of the defendant _________, submitted, together with the defendant, an application to the registry office to establish my paternity in relation to this child. I was given a corresponding certificate of paternity (the original is with the defendant), and in the child’s birth certificate and in his child’s birth certificate I was entered as his father (the certificate is in the file, provided by the defendant with a statement of claim for recovery from me alimony).

Recently, I began to have doubts about my paternity in relation to the defendant’s son, since the child does not at all look like me in appearance, and there is no similarity in character. Also, the child bears little resemblance to the defendant. In this regard, I decided to contact the independent DNA laboratory LLC “________” in the city of _______ in order to conduct an anonymous study and compare the DNA samples of mine and the defendant’s son _________. As a result of comparison of DNA profiles by the specified laboratory, it was established that the likelihood of my paternity in relation to the child of the defendant _________ is zero (the conclusion of LLC "_______" is attached to this statement of claim).

In itself, the news that I am not _________’s father was a big blow for me, since I always believed that he was my son and loved him like my son, but it turned out that the defendant was simply using me. Besides, I still don't have children. I was outraged by the fact that the defendant filed a statement of claim to collect alimony from me for the maintenance of her son _________, not only for the future, but also for the past three-year period (taking into account that, with the exception of the last year, when I doubted paternity, I in good faith I transferred money to her monthly to support the child and the defendant never made financial claims against me). This behavior of the defendant forced me to go to court with a real counterclaim to challenge paternity.

The paternity of a person who is not married to the child’s mother is established by submitting a joint application to the civil registry office by the father and mother of the child (Part 3 of Article 48 of the RF IC). If the parents are not married to each other, the entry about the child’s mother is made at the request of the mother, and the entry about the child’s father is made at the joint request of the child’s father and mother, or at the request of the child’s father (Part 2 of Article 51 of the RF IC).

The entry of parents in the birth register, made in accordance with paragraph 2 of Article 51 of the RF IC, can be challenged at the request of the person recorded as the child’s father only in court (Part 1 of Article 52 of the RF IC). Taking into account the above arguments, I challenge the entry made about my paternity in relation to the defendant’s son _________, born _________ in 1995. The fact that I am not the father of _________ can be confirmed by a genomic examination, which I agree to undergo and pay for.

Based on the above and guided by Part 1 of Art. 52 RF IC, Art. 3, art. 138 Code of Civil Procedure of the Russian Federation,

1. invalidate the entry in the act of establishing paternity (full name) in relation to the son (full name) _________, __________, born in 1995, made in the civil registry office of the __________ district of the ____________ region _______________

2. invalidate the record of paternity (full name) in the birth certificate of the son (full name) _________, __________, born in 1995, made in the Administration of the ___________ village council of the ___________ district of the ____________ region (birth certificate record No. __ dated ______________ 1995)

3. order a genomic examination, the resolution of which will raise the following question:

Is (full name) the father of (full name), _________ born in 1995?

4. question as witnesses in the case: ______________

5. based on Art. 62 of the Code of Civil Procedure of the Russian Federation, send court orders to interrogate the witnesses stated in the claim to the judicial institutions of Novosibirsk at the place of residence of each of them, since due to the significant distance from the place of consideration of the case, they cannot appear in court to give evidence:

Court order to question witnesses:_________________

send to __________ district court of Novosibirsk

(630110, Novosibirsk, Uchitelskaya st., 40a)

Court order to question witnesses:

___________________________________________________

send to the Zaeltsovsky District Court of Novosibirsk (630001, Novosibirsk, Soyuz Youth St., 2)

6. Request from the branch of the Savings Bank of the Russian Federation No. ______________ edge information on the movement of funds on personal account No. _________, opened in the name (full name), for the period from 1995 to 2008

7. Request from JSC Siberian Bank of the Savings Bank of Russia information about the transfer of funds on behalf of (full name) to personal account No. ________ in the name of (full name) in the branch of the Savings Bank of the Russian Federation No. _____________, as well as to card account No. __________ also in the Savings Bank of the Russian Federation, also opened in her name.

The document form “Petition to order a molecular genetic examination” belongs to the “Petition” section. Save the link to the document on social networks or download it to your computer.

In _________ district court of the city ___________
____________________________

Person serving
petition: ____________________________
plaintiff in a civil case

Persons involved
in business: ____________________________
Address: ____________________________
defendant in a civil case

Civil Registry Office Department of the Civil Registry Office
cities __________
Address: __________________________________________
third party in a civil case

Petition
on the appointment of an examination

I, ______________________, filed a statement of claim against __________ to establish paternity in the _________ district court of Moscow.
In order to correctly clarify the circumstances in this civil case, I believe it is necessary to conduct a medical-forensic molecular genetic examination to establish my family ties between the defendant and my son.

Each party must prove the circumstances to which it refers as the basis for its claims and objections.
According to Art. 57 of the Code of Civil Procedure of the Russian Federation, evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.

By virtue of Art. 79 of the Code of Civil Procedure of the Russian Federation, when issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.
Each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must provide reasons for rejecting the proposed questions.
In accordance with Art. 35 of the Code of Civil Procedure of the Russian Federation, persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case.

Based on the above, guided by Art. Art. 35, 79 Code of Civil Procedure of the Russian Federation,

1. Appoint a molecular genetic examination, for permission to pose the following question:
- is the defendant, __________________, born on ________, a native of the city _________, a citizen of the Russian Federation, registered at the address: ___________________________, the biological father of ________________, who gave birth to me in ________, ___________.

APPLICATION:
copy of this petition - 2 copies.

"___" ______________ G. ________/___________/



  • It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.

  • Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.

  • Gossip in the workplace is quite commonplace, and not only among women, as is commonly believed.

I met a woman and we had a child. I am listed as the father on the child's birth certificate. I signed up to be the father voluntarily, since at that time I had no doubts about paternity. After some time we separated. Now my son is 5 years old and my former partner filed a claim in court to collect alimony in the amount of 1/5 of my income, since I already have a child from my first marriage. And now I would like to verify my paternity. A number of questions arose:

Firstly, does it make sense to file a counterclaim to establish paternity, as well as a petition for a DNA test, now while the child support case is being considered, or can this be done later if there are no issues other than the payment of child support? (The expected amount of alimony will not greatly impact the budget, while paying for an expert examination and a lawyer in court will cost a pretty penny).

Secondly, the child’s mother lives in a small provincial town, and there she has strong connections (as I believe) in various city authorities, and therefore, I doubt the reliability of the examination results. When filing a claim to establish paternity at my mother’s place of residence, can I apply for an examination to establish paternity in another city, for example, at my place of residence? How, at least in general terms, does the forensic medical examination procedure take place?

Thirdly, for a child from my first marriage, I pay alimony by verbal agreement with my ex-wife, by transfer to a bank card. Does it make sense to negotiate with her so that she also sues for alimony, so that no additional difficulties arise later?

Alexander, Moscow

Answer

Hello, Alexander

A counterclaim must be filed in the same place as the original claim. You can request a specific location for the examination, but the decision on this issue will be made by the court, taking into account the opinions of the parties. As for the third question, have your ex-spouse file for a writ of alimony from you.

A request for a genetic examination to establish paternity is an important issue and must be submitted as part of a claim for alimony. The cost of conducting a forensic examination ranges from 20 to 40 thousand rubles.

You can conduct an examination in any institution in the country that has a license to conduct such examinations, and you must agree with them that the institution agrees to carry out the examination and take from them copies of the constituent documents and licenses to submit to the court. The court may grant your request, or it may deny it. But against any court decision, it is possible to file a private complaint, which is considered in a higher court. Therefore, in your application you must justify why you chose this particular institution. Moreover, if, for example, you apply for an examination in Moscow, and the other party in your region, you have the right to again apply for an examination in a third region; the law does not prohibit this. In this case, the court has the right to oblige the biomaterials to be submitted for examination in the courtroom and then sent by mail.

Sample application for genetic testing

In ____________________ (name of court)

From: __________________ (full name, address)

in civil case No. _______ according to the claim __________ (full name of the plaintiff)

to ____________ (full name of the defendant)

APPLICATION for appointment of genetic examination:

The court is proceeding with civil case No. _____ on the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) about _________ (indicate the essence of the claims).

I consider the plaintiff’s demands to be illegal and unfounded, since the child is not actually my family, and the entry made on the birth certificate is false. In this regard, I believe that establishing paternity is possible through forensic molecular genetic testing.

Based on the above, guided by Article 79 of the Civil Procedure Code of the Russian Federation, I request: To appoint a forensic genetic examination, to ask the experts for permission to raise the question: _________ (indicate questions for the expert). To entrust the examination to _________ (name of the expert institution). To assign payment for the examination to _________ ( indicate who should pay for the examination).

List of documents attached to the petition (with copies according to the number of persons participating in the case):

Documents confirming the grounds for requesting a genetic examination.

  • Documents of the expert institution
  • Date of application “___”_________ ____

Signature _______

We believe that you need to hire a competent lawyer for this case. If necessary and with your consent, he will represent your interests in court.

If you require assistance in filing a request for genetic testing to establish paternity, please fill out the call back form and our attorney will contact you. Initial consultation by phone is free!

02.01.2019

Sample petition in a civil case to order a genetic examination (DNA examination). A large number of petitions for the appointment of various examinations can be found in the section: “Petitions for examinations.”

Genetic or molecular genetic forensic examination is carried out in cases where it is necessary to establish DNA matches in various biological objects. Such examinations are most common in cases of establishing family relationships.

When conducting a genetic examination, it is necessary to submit DNA samples for testing; as a rule, citizens donate blood for this purpose. Establishing the origin of a child from a specific person is possible based on the results of a blood test of the child and the father, or other relatives.

The following questions are usually asked for permission from forensic experts when conducting DNA testing:

  1. Does the blood on the object being examined belong to a specific person?
  2. Is the defendant the biological father of a particular child?
  3. Is the defendant the child's mother?
  4. Could the plaintiff have become pregnant from a specific man?

Forensic genetic examinations are carried out in public and private medical institutions that have the necessary equipment for conducting DNA research and specialists in this field of expert activity.

To properly substantiate your position when ordering a forensic examination, we recommend that you familiarize yourself with the rules in more detail. When drawing up a written petition, we advise you to use the rules for drawing up a statement of claim.

IN ___________________________
(name of court)
From: _________________________
(full name, address)
in civil case No. _______
according to the claim of __________ (full name of the plaintiff)
to ____________ (full name of the defendant)

Petition to order a genetic examination

The court is proceeding with civil case No. _____ on the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) about _________ (indicate the essence of the claims).

In its defense, the defendant objects to the claim. I believe that establishing _________ (indicate the circumstances that need to be confirmed through expert research) is possible by conducting a forensic molecular genetic examination.

Based on the above, guided by the article of the Civil Procedure Code of the Russian Federation,

  1. Schedule a forensic genetic examination and, with the permission of the experts, pose the following question: _________ (indicate questions for the expert).
  2. To entrust the examination to _________ (name of the expert institution).
  3. Pay for the examination to be assigned to _________ (indicate who should pay for the examination).

List of documents attached to the petition (copies according to the number of persons participating in the case):

    Documents confirming the grounds for requesting a genetic examination.

Date of application “___”_________ ____ Signature _______

Download a sample application:

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