Establishment of the Origin of Children in Uzbekistan

The institution of establishing the origin of children plays a fundamental role in family law, as it determines the legal status of the child, his or her rights and duties within the family, as well as the parents’ duties for upbringing, maintenance, and protection of the child’s interests. In the Republic of Uzbekistan, the legal regulation of this institution is enshrined in Section III of the Family Code (Chapter 10, Articles 60–64), as well as in a number of by-laws and procedural norms.

1. Maternity and Presumption of Birth Within Marriage

Maternity is established by the civil registry office (ZAGS) on the basis of medical documents. If the child is born outside of a medical institution, other evidence may be used (witness statements, DNA testing, etc.).

The Family Code establishes a presumption of marital origin of the child:

• A child born during marriage or within 300 days after the termination of marriage (dissolution, death of the spouse, or annulment of the marriage) is considered to be the child of the mother's spouse.
• If the mother enters into a new marriage before the birth of the child, the presumption of paternity is transferred to the new spouse.

2. Voluntary Establishment of Paternity

For children born out of wedlock, a simplified administrative procedure for establishing paternity is provided — by a joint declaration of the parents at the ZAGS. In the absence of the mother (death, deprivation of parental rights, incapacity), the father may submit the application with the consent of the guardianship and trusteeship authority.

The declaration can be submitted both at the time of birth registration and later. Moreover, the law allows the filing of an application during pregnancy if filing after birth may be difficult (for example, in case of risk of the father’s death).

3. Judicial Establishment of Paternity

In the absence of a joint declaration by the parents, paternity is established through court proceedings.
The circle of applicants is broad: the mother, the father, a guardian/trustee, the person who supports the child, as well as the child himself or herself after reaching adulthood.

The court takes into account:

• The parents’ cohabitation before the birth of the child;
• Joint upbringing or maintenance of the child;
• Other evidence (including DNA testing, correspondence, witness statements).

The court decision, once it enters into force, is sent to the ZAGS to make the corresponding changes to the birth record.

4. Contesting Paternity and Maternity

The birth record is the official confirmation of the child's origin. However, the person listed as the father or mother has the right to contest the record within one year from the moment he or she learned of the discrepancy. For minors, this period is counted from the date they reach 18 years of age.

5. Legal Consequences of Establishing Origin

After the establishment of paternity (or maternity), children born out of wedlock acquire the same rights as children born in wedlock:

• The right to bear the father’s surname and patronymic;
• The right to receive child support (alimony);
• Inheritance rights;
• The right to protection by both parents.

6. Modern Trends and Issues

Modern judicial practice in the Republic of Uzbekistan actively uses genetic research (DNA tests) as the main evidence of origin. At the same time, the principle of protecting the best interests of the child remains important: even with negative test results, courts may take into account established social relationships and ensure stability of upbringing for the child (the doctrine of “social parenthood”).

A problematic issue remains the insufficient public awareness about the possibility of filing an application to establish paternity before the birth of the child, as well as the limited free access to genetic testing for low-income families.

The institution of establishing the origin of children is one of the most important guarantees of the implementation of the child’s constitutional rights, his or her family and legal identity. Uzbekistan’s legislation ensures a balance between biological truth, legal certainty, and the protection of the child’s interests, which is consistent with international standards (UN Convention on the Rights of the Child, 1989).

Establishment of the Child’s Origin (Administrative and Judicial Procedure)

Stage / Procedure	Establishment of Origin through ZAGS	Establishment of Origin through Court	Contesting Paternity / Maternity
Grounds	Maternity – based on medical documents; Paternity – by joint declaration of parents (or by father with consent of guardianship authority)	Absence of joint declaration by parents or father’s application; dispute between parents; refusal of ZAGS to register paternity	Presence of doubts about the accuracy of the birth record; evidence that the person is not the biological parent
Who Can Apply	Mother and father (jointly); father alone in the absence of mother (with guardianship consent)	Mother, father, guardian (trustee), person supporting the child, the child himself/herself after turning 18	Person listed as father or mother; period – 1 year from the date the person became aware of the record (for a minor – from age 18)
Documents	- Application - Parents’ passports - Birth certificate (if already registered) - Consent of guardianship authority (if necessary)	- Statement of claim - Documents proving paternity (cohabitation, DNA test, correspondence, witnesses) - Plaintiff’s passport - Child’s birth certificate	- Statement of claim - Evidence (DNA results, witnesses, correspondence)
Authority Reviewing the Case	ZAGS at the place of residence or birth registration	Court of general jurisdiction (district/city) at the place of residence of the defendant or plaintiff	Court of general jurisdiction
Timeframes	On the day of application (or at birth registration)	Within procedural deadlines established by the Civil Procedure Code (1–3 months depending on case complexity)	Within 1 year from the date the person learned or should have learned of the record
Result	- Entry of the father’s name into the birth record - Issuance of a new birth certificate	- Court decision establishing paternity - Transfer of decision to ZAGS for amendments and issuance of new birth certificate	- Court decision annulling the record - Amendments made to the birth record
Legal Consequences	Child receives surname, patronymic, rights to child support, inheritance, etc.	Same rights as under voluntary recognition	Legal consequences (alimony, inheritance rights) are terminated, child’s surname may be changed