Petition to order a genetic examination. How to write a sample petition to order a genetic examination in a criminal and civil case (to establish paternity)? Sample application for genetic paternity testing

The issue of genetic testing is most often associated with establishing paternity, especially when disputes arise between the mother and the alleged father of the child, which ultimately leads to a forced decision to recognize the fact of kinship through the court. Very often, after a final decision has been made or during the trial stage, one party does not agree and may oppose it. Therefore the only thing the right decision To resolve the situation and bring clarity is to submit a petition, the results of which are not only reliable, but also show the accuracy of relationship up to 99.9%.

Most often, the purpose of a request for a genetic examination appears against the background of a paternity challenge, which is carried out in a court of general jurisdiction (district). The petition is related to the disagreement of one party about the decision made to recognize the blood ties between the father and the child. This can be not only the mother or father, but also other participants in the trial, as well as legal representatives (Article 79, paragraph 2 of the Code of Civil Procedure of the Russian Federation). The method of filing a petition is no different from filing a primary claim. You can do this as follows:

submit in person through the office;
at a court hearing;
write an email through the State Services portal;
send by registered mail with notification.

If you want to challenge a court verdict to establish paternity, then, according to the Civil Procedure Code, this can be done no later than 30 days from the date of the final decision. Otherwise you will have to reapply statement of claim to establish.

You can submit a petition at any time while the trial is ongoing, but it is best to do this immediately with filing a statement of claim if you are confident in the correctness of your intentions. You can request a mandatory genetic examination even if the father or child is dead. To conduct a DNA examination, biological material from the relatives of the deceased will be taken or, if available, blood samples in the laboratory.

How to make an application

Further consideration of the application depends on the correctness of writing the application requesting a genetic examination to establish paternity. Therefore, when drawing up an application, follow the recommendations described below:

in the header in the right corner the full name of the judicial body and its address are written in capital letters;
Please indicate your details below – personal information from your passport, residential address, telephone number;
register yours legal status in this case - the plaintiff or the defendant, and it is also necessary to indicate the number of the proceedings if a decision has been made or the issue of paternity is under consideration;
in the center we write the name of the document “Petition”;
Describe in any order the purpose of the request – DNA testing. Since doubts on each side arise against the background various reasons, then you need to motivate your appeal. For example, a mother often wants to achieve recognition of paternity, and a father - with the goal of gaining parental rights or vice versa, ;
refer to the legal basis for writing the petition (Article 79 of the Code of Civil Procedure of the Russian Federation);
describe the request part in detail, namely indicate a list of questions that concern you and to which you want to know accurate answers from experts. Many indicate a demand in the petition part. In this part you can also indicate the recommended organization where genetic testing can take place;
write down the list of documents attached to the application in bullet points;
date, signature.

Regarding the penultimate point - a list necessary documents, then here we are talking not only about confirming the applicant’s personal data, but also providing evidence that can influence the course of the trial and the final decision. In addition to the genetic examination itself, paternity can be confirmed or disputed using various certificates, extracts, checks, receipts, photographs, correspondence and testimony. Regardless of the DNA test result, other evidence must also be considered and taken into account by the judge.

What documents are needed

In addition to writing the petition itself in two copies, it will be necessary to attach following documents:

copy of passport;
a copy of the document on registration or divorce, if it was concluded between the parents;
a copy of the child's birth certificate;
documents that act as evidence.

In addition to having copies of documents, you must also have originals with you. You must understand that the court does not always satisfy this type of request; it can refuse the request, justifying its court decision in the ruling. After a refusal, you cannot re-apply for an appeal; you only have the opportunity to file a complaint with the court of appeal, indicating the violation of the actions of a particular judge and disagreement with him.

State duty

Any appeal to the court is associated with the payment of a state fee. According to Article 333.19 of the Tax Code, its amount is 300 rubles, if the issue does not affect property disputes. If the application is submitted to protect the interests of a minor child, including establishing paternity, then the obligation to pay the state fee is removed.

Sample application form

Review procedure

Once the application requesting a DNA examination is accepted, the trial begins. The judge must not only order a DNA examination to establish kinship, but also listen to both parties, and also evaluate all the evidence presented (Article 166 of the Code of Civil Procedure of the Russian Federation). Therefore, it is so important not only to rely on the results of the analysis, but also to prepare other significant evidence, since the defendant may refuse to conduct a genetic examination.

The appointment of a genetic examination is not a compulsory procedure, even within the walls of a court. The person directly concerned by the issue of establishing paternity may refuse to have it carried out.

If the father refuses to submit biological material for DNA testing, the court may regard this statement as an indirect recognition of paternity, especially if the mother’s statement of claim contained a demand to collect alimony from the second parent. But based only on the results of the examination or refusal to conduct it, the judge cannot make a final decision. Evidence must be taken into account in its entirety.

Challenge paternity without DNA

Genetic DNA testing is one of the main pieces of evidence that confirms a blood relationship between certain individuals. However, as we have already said, the judge does not have the right to make a final decision without taking into account other evidence. They are taken into account collectively. But, if for a number of reasons it is impossible to conduct a genetic examination, then a positive decision can be obtained if:

one of the parties categorically refuses to carry out the DNA procedure or does not provide biological material for research;
receives a notice from a judicial authority, but ignores it and does not appear at court hearings;
prove relationship using blood group tests. The results of methods that calculate the relationship by blood group are not always reliable and unambiguous, however, in isolated cases a 100% answer is possible;
documentary evidence that the father did not live with the child’s mother at the expected time of conception, witness statements, correspondence, certificates, etc.

More full list the evidence base for the purpose of challenging paternity is given in Article 79 of the Civil Procedure Code.

To date, genetic testing remains the most compelling evidence of establishing the fact of blood ties. Therefore, if you are a plaintiff or defendant in a case to recognize paternity and are confident in your position, then immediately submit a petition to schedule a DNA examination. Considering the high cost of this procedure, you can indicate in your request the need for compensation of part of the costs by the second party.

The plaintiff in district court a claim was filed against the defendant to establish paternity. The plaintiff asks to order a molecular genetic examination to determine whether the defendant is the father of the plaintiff’s daughter.

In _________ district court of the city ___________
____________________________

Person serving
petition: ____________________________
plaintiff in a civil case

Persons involved
in action: ____________________________
Address: ____________________________
defendant in a civil case

Civil Registry Office Department of the Civil Registry Office
cities __________
Address: __________________________________________
third party in a civil case

Petition
on the appointment of an examination

I, ______________________, filed a statement of claim against __________ to establish paternity in the _________ district court of Moscow.
In order to correctly clarify the circumstances in this civil case, I believe it is necessary to conduct a medical-forensic molecular genetic examination to establish my family ties between the defendant and my son.

Each party must prove the circumstances to which it refers as the basis for its claims and objections.
According to Art. 57 of the Code of Civil Procedure of the Russian Federation, evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.

By virtue of Art. 79 of the Code of Civil Procedure of the Russian Federation, when issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert, or several experts.
Each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must provide reasons for rejecting the proposed questions.
In accordance with Art. 35 of the Code of Civil Procedure of the Russian Federation, persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case.

Based on the above, guided by Art. Art. 35, 79 Code of Civil Procedure of the Russian Federation,

1. Appoint a molecular genetic examination, for permission to pose the following question:
- is the defendant, __________________, born on ________, a native of the city _________, a citizen of the Russian Federation, registered at the address: ___________________________, the biological father of ________________, who gave birth to me in ________, ___________.

APPLICATION:
copy of this petition - 2 copies.

"___" ______________ G. ________/___________/

When resolving issues related to the paternity and maternity of children in court, the parties in almost 100% of cases need to file a petition for genetic examination. These include claims or maternity claims to establish paternity, including within the framework of recovery, establishment.

Genetic examination is one of the types of medical examination; why, if there is information about it on the website, should it be covered separately? The range of questions that will be put to the expert for resolution is significantly smaller in genetic examination.

Example of a request for genetic testing

In the Ostrovnoy City Court of the Murmansk Region

address: 184641, Ostrovnoy,

st. Nizhegorodskaya, 17, 42

within the framework of case No. 1-23/2021

The Ostrovny City Court of the Murmansk Region is processing civil case No. 1-23/2021 on a claim filed by me against Konstantin Sergeevich Ostapenko to establish paternity. He objects to the claim, believing that the information collected about the fact of cohabitation, the implementation of actions by him that indicate recognition of his paternity immediately after the birth of a joint child, is not enough.

Carrying out a genetic examination will make it possible to establish with certainty the fact of the origin of a minor child, Margarita Konstantinovna Zubchenko, from the Defendant, Konstantin Sergeevich Ostapenko. As part of the pre-trial settlement of the issue of establishing paternity, I repeatedly proposed a genetic examination, however, the Defendant refused to provide genetic material.

Since Art. 56 of the Code of Civil Procedure of the Russian Federation, the burden of proof is placed on the side of the civil case that refers to them, and Art. 79 of the Code of Civil Procedure of the Russian Federation establishes the right of the court, at the request of one of the participants in civil proceedings, when resolving issues that require special knowledge, to order an examination; conducting a forensic genetic examination will make it possible to establish objective circumstances in the case.

As part of the genetic examination, for the expert’s permission, I ask you to raise the question of whether Konstantin Sergeevich Ostapenko is the biological father of Margarita Konstantinovna Zubchenko.

I ask you to entrust the conduct of a forensic psychiatric examination to the independent expert organization AKOO " Forensic examination", the payment of expenses shall be borne by the applicant.

Based on the above, guided by Art. 79 Code of Civil Procedure of the Russian Federation,

Schedule a genetic examination to resolve the above questions.
To entrust the conduct of the examination to JSC “Forensic Expertise”.

Application:

Copy of the petition

04/05/2021 Zubchenko V.M.

Draw up and submit an application for genetic examination

The purpose of genetic testing is the fact of the origin of one person from another, the presence of family relations between them. One type of genetic examination is, although most often they are used as identical concepts.

The objects of genetic examination that are provided for research will be saliva, blood, etc. These samples are taken either directly and sent to an expert organization, or persons are obliged to appear there at a certain time to submit samples.

General requirements for drawing up an application for genetic examination:

the need to prescribe a genetic examination, the purpose of such a study;
a list of issues that, in the applicant’s opinion, should be resolved by the expert;
at the request of the applicant, the expert organization where the genetic examination should be carried out is indicated (it is better to find out about the existence of such a right and the provision of an expert opinion in advance in order to avoid reference to the invalidity of the results of such an examination).

Consideration of an application for genetic examination

Typically, the courts accommodate the applicants and satisfy the request for a genetic examination. Despite the fact that an expert’s opinion is one of the pieces of evidence that must be assessed by the court taking into account others in the case, the value of the results of a genetic examination can hardly be overestimated. In cases involving paternity or maternity, this will become the main evidence.

However, the petition to order a genetic examination is considered at the court hearing, taking into account the opinions of other persons participating in the case. are drawn up either in writing or reflected in.

The final decision on the appointment of a genetic examination and its necessity is made by the court through a ruling. Such a determination cannot be appealed; an objection to it can be included in the case.

If one of the parties unreasonably avoids conducting a genetic examination, according to the rules of the Code of Civil Procedure of the Russian Federation, the court will consider the fact for which the examination was carried out established.

The law does not provide for the opportunity to re-submit a request for genetic examination.

In _________ district court of the city ___________
____________________________

Person serving
petition: ____________________________
plaintiff in a civil case

Persons involved
in action: ____________________________
Address: ____________________________
defendant in a civil case

Civil Registry Office Department of the Civil Registry Office
cities __________
Address: __________________________________________
third party in a civil case

Petition
on the appointment of an examination

Based on the above, guided by Art. Art. 35, 79 Code of Civil Procedure of the Russian Federation,

APPLICATION:
copy of this petition - 2 copies.

"___" ______________ G. ________/___________/

A paternity trial is underway. It is necessary to conduct an examination. What should the petition be?

Question: No. 2116 dated: 2015-08-23.

On the merits of the question asked, we report the following.

In accordance with Art. 79 of the Code of Civil Procedure of the Russian Federation, when issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert, or several experts.

Each of the parties and other persons participating in the case has the right to present to the court issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court. The court must provide reasons for rejecting the proposed questions.

The parties and other persons participating in the case have the right to ask the court to order an examination in a specific forensic institution or to entrust it to a specific expert; challenge the expert; formulate questions for the expert; familiarize yourself with the court’s ruling on the appointment of an expert examination and the questions formulated therein; get acquainted with the expert’s opinion; petition the court to order a repeated, additional, comprehensive or commission examination.

If a party evades participation in the examination, fails to present the necessary materials and documents for research and in other cases, if due to the circumstances of the case and without the participation of this party it is impossible to conduct an examination, the court, depending on which party evades the examination, as well as what significance it has for it, has the right to recognize the fact for the clarification of which the examination was ordered, established or refuted.

By virtue of Art. 80 of the Code of Civil Procedure of the Russian Federation in the ruling on ordering an examination, the court indicates the name of the court; the date of appointment of the examination and the date no later than which the conclusion must be drawn up and sent by the expert to the court that appointed the examination; names of the parties in the case under consideration; name of the examination; facts for confirmation or refutation of which an examination is appointed; questions posed to the expert; surname, name and patronymic of the expert or the name of the expert institution entrusted with carrying out the examination; materials and documents presented to the expert for comparative research; special conditions for handling them during research, if necessary; name of the party that pays for the examination.

The court ruling also states that for giving a knowingly false conclusion, the expert is warned by the court or the head of the forensic institution, if the examination is carried out by a specialist from this institution, of liability under the Criminal Code of the Russian Federation.

Thus, you need to file a petition with the court to order a molecular genetic examination in the case. Documents confirming the expert’s qualifications must be attached to this application.

For convenience, we provide a sample application for molecular genetic testing.

For a more detailed answer to your question, we recommend that you contact the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-912-343-72-22.

Attention! The information provided in the article is current at the time of publication.