Family Code

... "Thus, in this case, paternity can be established by filing a civil registry offices and the father of the child's mother of the joint statement (voluntary establishment (Recognition) of paternity). With such a procedure for establishing paternity man (the father) expresses will to the recognition of a child fathered by him, ie, my son (daughter), and the child's mother consents to the recognition of his paternity. The voluntary establishment of paternity - a legal act of the child's father is not married to his mother. It is aimed at the emergence of relations between father and child. As a legal act setting assumes that the paternity of the subject, it commits, the appropriate level of consciousness and will.

In this regard, it is obvious that the person declared incapable by a court due to mental illness, can not voluntarily acknowledge paternity. Not be allowed to establish paternity at the request of a guardian a person found incompetent, as the acknowledgment of paternity - that the will of a personal nature. In other words, if the first case (when the mother and father are married) to come to register a child, third parties may, in the case of a voluntary paternity can do this only the father personally. With regard to minors, in Family Code expressly provides for the right of a minor parent to acknowledge his paternity, which means that they can self-declare their fatherhood. And still quite rare, but the statutory case: a person limited in capacity by a court may admit his paternity, since the restriction only affects the capacity of a citizen within his property rights, but not the law in the area of personal non-property relations, including family. Arriving at the registry office the mother and father served, "a joint written statement by the father and mother who are not married to each other at the time of birth, registration of the establishment paternity.