On the Composition of Persons Involved in Civil Cases Concerning the Disputes of Parenthood and Maternity
Abstract
The scientific article is devoted to the study of the composition of
persons involved in cases concerning the disputes of parenthood
and maternity. As a result of the analysis of the scientific doctrine
and the civil procedural legislation of Ukraine, the parties are
identified as the main participants in civil cases on paternity and
maternity disputes, as well as other persons involved in these cases.
It has been established that, in contrast to other cases that are
hearing in the lawsuit proceeding, the list of proper plaintiffs in the
cases concerning the disputes of parenthood and maternityis
determined by the substantive law – the Family Code of Ukraine.
It is proved that the defendant in cases concerning the disputes of
parenthood and maternityis determined on the basis of who is the
plaintiff in the case. For example, if a lawsuit is filed on a parenting
dispute with a woman who gave birth to a child in marriage, the plaintiff’s
husband will be the defendant if he is recorded by the child’s father in
the birth statement of the child. If the plaintiff in the case on the
challenge of motherhood is a woman who considers herself the mother
of a child, the defendant in such case will be a woman who is recorded
as the mother of the child in the statement of birth, etc.
Thus, the composition of the persons involved in cases
concerning the disputes of parenthood and maternity is formed by:
parties, third parties, representatives of parties and third parties, as
well as bodies and persons authorized by law to protect the rights,
freedoms and interests of other persons. At the same time, the
individual composition of persons involved in each particular case is
determined depending on the subject and the basis of the lawsuit.
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