Establishing the paternity of a missing defender

Anna* is raising her son alone. The child’s father, a serviceman with whom Anna had been in a common-law marriage, went missing in November 2024. As a result, the family was left without adequate state support — the child could not receive the survivor’s pension.

The family was also unable to access benefits, compensations, and social guarantees established for children of missing servicemen. Paternity had not been formally recognized: the parents were not officially married, and the father's information was not included in the child’s birth certificate, as per the mother’s declaration in accordance with Article 135 of the Family Code of Ukraine.

Anna sought legal assistance from Vladyslava, a lawyer at the NGO “Institute for Analytics and Advocacy.” Vladyslava prepared a claim for court recognition of paternity and assisted in collecting the necessary documents, testimonies, photographs, and statements from relatives and witnesses. These materials confirmed that the father had acknowledged the boy as his son, had been actively involved in raising him, and that his family maintained contact with the child.

During the preparation for the court proceedings, the child’s paternal grandmother — the missing man’s mother — refused to acknowledge the boy as her grandson or support the claim. This raised concerns for Anna about the possible outcome of the case. Therefore, the lawyer filed a separate motion with the court requesting a DNA test to additionally establish paternity.

However, during the court hearing, the situation changed. The grandmother provided testimony affirming the family ties. Other witnesses — Anna’s mother and sister — also testified that the man had acknowledged the boy as his son and had been actively involved in his upbringing.

The court recognized the paternity and ruled that such recognition was necessary to protect the rights of the child. As a result of the legal aid provided, the father’s name will be officially entered in the child’s birth certificate, enabling the boy to access the survivor’s pension, benefits, payments, and other social guarantees provided by law.

Free legal aid in Poltava region is provided by the NGO “Institute for Analytics and Advocacy” in cooperation with the Danish Refugee Council (DRC) and with financial support from the European Union.

*Name changed to protect personal data.