The paternity of a person who is not married to the child's mother is determined based on the state registration of the paternity decision at the Civil Status Registration Authority. The basis for the state registration of the paternity decision is the joint application of the child's father and mother. In cases where there is an objection from the child's mother regarding the joint application, the child's father must first confirm the fact of being the child's biological father through a judicial procedure, and then present the court's decision that has entered into legal force to the Civil Status Registration Authority for the purpose of state registration.
In cases where the child's mother has died, has been declared incapacitated or missing by a court, her whereabouts are unknown, or she has been deprived of parental rights by a court (- The grounds for deprivation of parental rights have been clarified), the state registration of paternity can take place based on the application of the child's father. In the mentioned cases, the state registration of the paternity decision at the Civil Status Registration Authority is carried out only based on the father's application if there is consent from the guardianship and trusteeship authority. In the absence of consent, it is again necessary to confirm the fact of paternity through a judicial procedure.
Any of the parents, the child's guardian (trustee), or the person with whom the child is living can apply to the court to determine the fact of the child's descent from a specific person (paternity), and the child can do so after reaching adulthood. When determining the child's paternity, the court considers any evidence that definitively confirms that the child has descended from that specific person. In practice, an expert conclusion provided on the matter serves as evidence, but the conclusion must be unequivocal. This position has been expressed by the Supreme Court of the Republic of Armenia in the civil case No. ARD1/0207/02/08, excluding the establishment of the fact of a child's descent from someone based on evidence containing probable conclusions (in this case, an expert conclusion) when examining paternity determination cases.
The judicial determination of paternity for a child descended from parents who are not married has fundamental significance for the realization of the rights of both the child and the parent as enshrined in law. For example, a legally binding court decision regarding the determination of the child's paternity is the basis on which the person caring for the child can demand the provision of means of subsistence (alimony) for the child. There are many cases where fathers of children born out of wedlock apply to the court with such a demand to acquire parental rights enshrined in the Family Code (for example, the right to visit the child). The child's father, who is mentioned in the relevant act as the child's father at the time of the child's birth but has reasonable doubts about it, can also apply to determine the child's paternity.
In the event of the death of a person who has been recognized as the child's father but is not married to the child's mother, the fact of recognizing him as the child's father (paternity) can be established through a judicial procedure.