According to the legislation of the Republic of Armenian children of unmarried parents have the same rights as children of married parents. They have, especially, the right to receive financial support from their parents, to inherit their property, to receive social benefits, and so on.
However, if above-mentioned rights towards the mother can be exercised from the moment of the child's birth, toward the biological father, they can be exercised only after establishing the paternity. There are two ways to determine the paternity over the child: via the civil registration office if there is a joint application lodged by the unmarried parents, and by the court, if the alleged father refuses or avoids lodging the application or there is other circumstance that obstacles the procedure.
When fatherhood can be determined through the Civil registration office?
The fatherhood can be determined through the Civil registration office of there is a joint written application of the child's unmarried parents. For good reasons, if one of the spouses does not have the opportunity to be present personally in the Civil Registration office, then he/she should give a notary approved statement, which should be attested as well. If one of the parents has objection on establishing the fatherhood then the other parent can initiate a judicial process and establish it by the court.
The paternity can be established only on the biological father's application in he proves the death of the mother, her incapability, the impossibility of identifying her whereabouts, or her deprivation of the parental rights. At the procedures with above-mentioned circumstances, the Custody and guardianship office’s consent is required. If the body of custody and guardianship does not give its consent on the child's paternity determination, then the applicant should apply to the court with the demand of establishing the paternity.
When paternity should be determined by the Court.
Paternity can also be established at a court, which takes into account highly accurate tests conducted on blood or tissue samples of the man and child. Genetic test results indicate a probability of paternity and can establish a legal presumption of paternity. If the procedure is initiated by the child’s mother and the alleged father refuses or avoids to give a genetic test sample, then the biological connection between the child and alleged father may be considered by the court as approved.
What are the benefits of establishing paternity?
In addition to providing a basis for child support, paternity establishment can provide basic emotional, social, and economic ties between a father and his child. There are strong indications that children whose fathers take active roles in their upbringing lead more successful lives. Once paternity is established legally, a child gains legal rights and privileges.