Establishment of Child’s Paternity in Uzbekistan

The issue of establishing paternity is one of the key aspects of family law, as the correct determination of a child’s legal status affects their personal and property rights, including the right to a surname, child support (alimony), inheritance, and upbringing in a family.

In the Republic of Uzbekistan, the institution of establishing paternity is enshrined in Section III of the Family Code (Chapter 10) and reflects both the priority of protecting the interests of the child and the balance of parental rights.

Administrative Procedure for Establishing Paternity

The simplest way to recognize paternity is through a joint statement by the parents submitted to the civil registry office (ZAGS).

• Such a statement may be submitted either at the time of birth registration or afterward.
• If the mother has died, has been deprived of parental rights, or her whereabouts are unknown, paternity may be established on the father’s application with the consent of the guardianship and trusteeship authority.
• An application may also be submitted during pregnancy if there is a risk that it will be impossible to file it after the birth.
• A refusal by the civil registry office to establish paternity may be appealed in court.

Judicial Procedure for Establishing Paternity

If a joint statement has not been submitted, paternity may be established only through judicial proceedings.

Applicants may include:

• One of the parents,
• A guardian (trustee),
• A person who supports the child,
• The child themselves upon reaching adulthood.

The court takes into account:

• Cohabitation of the mother and the alleged father,
• Joint household management,
• Joint upbringing or maintenance of the child,
• Other evidence (witness testimony, correspondence, medical examinations, including DNA tests).

In case of the death of a person who considered themselves the father, the fact of paternity may also be established by the court.

The court decision is sent to the civil registry office for the relevant entry to be made.

Contesting Paternity

Article 63 of the Family Code grants the person recorded as the father of a child the right to contest the record within one year from the date when they became aware of the actual circumstances. For minors, this period begins upon reaching 18 years of age.

Legal Consequences of Establishing Paternity

Once paternity is established, the child acquires:

• The right to a surname and patronymic after the father (Art. 69),
• The right to maintenance (alimony) and inheritance,
• The right to personal communication and upbringing by the father (Arts. 65–76).

The father acquires:

• Equal parental rights and responsibilities with the mother,
• The right to participate in the upbringing and education of the child, determine the child’s place of residence, and represent the child’s interests in courts and state bodies.

International Legal Aspect

The Republic of Uzbekistan is a party to the UN Convention on the Rights of the Child (1989), which enshrines every child’s right to establish family ties and to be protected from discrimination based on birth out of wedlock. Accordingly, national legislation is harmonized with international standards for the protection of children’s rights.

Establishing paternity is a crucial institution of family law, aimed at protecting the interests of the child and ensuring their right to know their parents. Uzbekistan’s legislation provides for two main forms of establishing paternity:

• Voluntary (through ZAGS), and
• Judicial (in the event of a dispute or absence of a joint statement).

Judicial practice shows that the key factors are evidence of the parents’ actual relationship and the biological origin of the child, with the child’s interests always taking priority.

Establishment of Paternity in Uzbekistan

Criterion	Voluntary Procedure (ZAGS)	Judicial Procedure
Legal Basis	Art. 61 of the Family Code	Art. 62 of the Family Code
Grounds	Joint statement of the mother and the person recognizing himself as the father (or the father’s statement with guardianship authority consent if the mother is absent)	Statement by one of the parents, guardian (trustee), person supporting the child, or the child themselves after turning 18
Possibility of Submission Before Birth	Yes, during the mother’s pregnancy (if there is a risk of impossibility after birth)	No, only after the birth of the child
Decision-Making Authority	Civil Registry Office (ZAGS)	Court (civil proceedings)
Required Documents	- Parents’ passports - Application in the prescribed form - Birth certificate (if the child is already registered) - Consent of guardianship authority (if the mother is deceased, deprived of rights, or her whereabouts are unknown)	- Statement of claim - Documents confirming factual relationship (cohabitation, child maintenance) - Witness statements - Medical evidence (DNA test if necessary) - Documents confirming the applicant’s status (parent, guardian)
Special Cases	Father may file an application individually with guardianship authority consent	Possibility to establish paternity of a deceased person who acknowledged himself as the father
Review Period	Usually 1–3 business days	Within the time limits of civil proceedings (1–3 months, depending on complexity)
Result	Entry of the father’s name into the birth record and issuance of a new birth certificate	Court decision + copy sent to ZAGS to amend the birth record
Legal Consequences	- Assignment of patronymic and surname after the father - Emergence of alimony obligations - Emergence of equal parental rights for the father	Same as under voluntary procedure
Right to Appeal	Refusal by ZAGS may be appealed in court	Court decision may be appealed in the appellate procedure