Establishment of Paternity in Uzbekistan

According to the Family Code of the Republic of Uzbekistan: “In Uzbekistan, the family, motherhood, fatherhood, and childhood are under the protection of the state. Motherhood and fatherhood in the Republic of Uzbekistan are honored and respected.”

Matters relating to the procedure for establishing paternity, including for children born out of wedlock, are regulated by the legislation of Uzbekistan.

Establishing paternity means recognizing the fact that a man is the father of a given child. Paternity can be established voluntarily or through a court.

The child’s origin from the mother (maternity) is established by the civil registry office (hereinafter – ZAGS) based on medical documents, and if the child was born outside a medical facility – based on other evidence.

As a general rule, when a child is born in wedlock, both parents (father and mother) are listed on the child’s birth certificate (“metrika”), issued by ZAGS based on:

• a medical birth certificate from the maternity hospital,
• the parents’ marriage certificate, and
• the parents’ passports (ID cards).

A child is considered born in wedlock if he or she was born to a woman:

• after the marriage was concluded (i.e., while the woman is married);
• no later than the 300th calendar day after the termination of the marriage due to the husband’s death, divorce, or annulment.

If a child is born within 300 days after the termination of a previous marriage, but the woman has already entered into a new marriage, the child is considered born in the new marriage. However, in such cases, the former husband or his parents have the right to contest the child’s origin in court.

Establishing Paternity by Parental Application

Paternity of a person who is not married to the child’s mother is established by a joint application of the mother and the person recognizing himself as the father, submitted to ZAGS.

ZAGS may also establish paternity based on an application from the person recognizing himself as the father, approved by the guardianship authority, in cases where:

• the child’s mother has died,
• the mother has been declared legally incapacitated by a court,
• it is impossible to determine the mother’s whereabouts, or
• the mother has been deprived of parental rights.

The following authorities deal with guardianship and custody issues in Uzbekistan:

• Child protection sectors of district (city) khokimiyats – for minors;
• District/city medical associations – for persons declared incapacitated or partially incapacitated by a court, as well as for capable adults requiring guardianship for health reasons.

Consular offices of the Republic of Uzbekistan abroad are also authorized to arrange guardianship or custody for:

• minor citizens of Uzbekistan left without parental care,
• incapacitated or partially incapacitated citizens of Uzbekistan,
• adult citizens of Uzbekistan unable to exercise their rights and fulfill their obligations due to health conditions.

If the child’s father has been declared legally incapacitated by a court, the guardian of the child may submit an application to ZAGS to recognize paternity, with the consent of the guardianship authority.

The application for recognition of paternity may be submitted either:

• at the time of birth registration (when the birth certificate is issued), or
• any time after the child’s birth has been registered (i.e., after a birth certificate has already been issued).

If there are circumstances suggesting that filing a joint application after the child’s birth may become impossible or difficult, unmarried parents may submit such an application to ZAGS during the mother’s pregnancy.

A refusal by ZAGS to establish paternity may be appealed to the Administrative Court of Uzbekistan by the person recognizing himself as the child’s father.

Establishing Paternity Through Court

If a child is born out of wedlock and there is neither a joint application of the parents nor a father’s application (as mentioned above), paternity may be established through court proceedings.

Such cases are handled by the civil courts of Uzbekistan.

Paternity may be established in court upon a claim filed by:

• one of the parents or the child’s guardian/custodian,
• the person supporting the child, or
• the child himself/herself upon reaching adulthood.

If the guardianship authority does not consent to the establishment of paternity based on the father’s application, the person not married to the child’s mother also has the right to file a lawsuit if:

• the mother is deceased,
• the mother has been declared incapacitated,
• the mother’s whereabouts cannot be established, or
• the mother has been deprived of parental rights.

Unmarried parents under the age of 18 may also file a claim to establish paternity after reaching the age of 16. The court is not entitled to reject such claims. When a minor is a party to the case, the court must involve the minor’s parents, adoptive parents, or guardian as legal representatives.

When considering paternity cases, the court takes into account:

• cohabitation and running a joint household by the mother and the man prior to the child’s birth,
• their joint upbringing or support of the child, and
• other evidence reliably confirming that the man recognized himself as the father.

Cohabitation may be confirmed by circumstances typical for family relationships, such as:

• living in the same dwelling at the time of conception and until birth,
• sharing a common budget, meals, mutual care, and acquisition of property for joint use.

Termination of such relations before the child’s birth is not, by itself, a reason for the court to deny a claim, except when the relationship ended before pregnancy began.

Joint upbringing is present if the child lives with the mother and the man or if the man regularly communicates with the child, showing parental care and attention.

Joint support means the child is financially dependent on the mother and the man or the man systematically contributes to the child’s maintenance, regardless of the amount of assistance.

Other evidence may include:

letters, telegrams, photographs, questionnaires, applications to various institutions, audio/video recordings, expert opinions, and witness testimony. Recognition of paternity can be expressed both during the mother’s pregnancy (e.g., expressing desire for the child, caring for the mother) and after the child’s birth.

When necessary, the court may, on its own initiative or at the request of the parties, order:

• forensic medical examination,
• forensic biological examination, or
• human DNA testing.

Such expert opinions are treated as evidence and evaluated together with other case materials.

Uzbek law does not set a statute of limitations for paternity cases. Paternity can be established at any time after the child’s birth. However:

• if the child is already 18, paternity can be established only with the child’s consent;
• if the child has been declared incapacitated, consent must be obtained from his/her guardian or the guardianship authority.

If a minor who has reached 16 years has been declared fully legally capable (emancipated), paternity can be established only with the minor’s consent.

Once the court’s decision on paternity enters into force, a copy is sent to the ZAGS office where the birth was registered. Based on this court decision, ZAGS makes the appropriate entries regarding the child’s father (including amending previous records, if necessary).