Како се врши утврдување на татковство и мајчинство

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Happy family in nature

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При утврдување на татковството Законот за семејство тргнува од концепцијата дека за татко на детето ќе се смета брачниот другар на мајката, доколку детето е родено за време на траењето на бракот или пак во рок од 300 дена по престанокот на бракот. Ако се случи детето да не е родено во брак познато како вонбрачно татковство тогаш за татко на детето родено надвор од брак се смета лицето кое детето ќе го признае за свое. Татковство може да се признае пред матичар, Центарот за социјална работа и суд.

Органот пред кого е дадено ова признание должен е, без одлагање, записникот за признавање на татковството, да го достави до матичарот надлежен за упис на детето во матичната книга на родените. Исто така признавање на татковството може да биде направено и со тестамент.

Други начини на изјавување за признавање на татковството може да се даде и преку полномошно така што полномошното мора да биде заверено и да содржи изрично овластување на полномошникот да даде изјава за признавање на татковство на одредено дете кое го родила одредена мајка.

Законот изрично појаснува кое лице може да изврши признавање на дете родено надвор од брак, а тоа е секое полнолетно деловно способно лице, како и малолетно лице ако е постаро од 16 години, како и лице со ограничена деловна способност, доколку е способно да ја сфати содржината и значењето на изјавата за признавање на татковство. Признавањето на татковството произведува правно дејство и се запишува во матичната книга на родените само ако со тоа се согласи мајката на детето, која за тоа матичарот ја известува. Изјавата за согласност за признавање на татковство мајката ја дава во рок од 30 дена по приемот на известувањето. Кога мајката не е жива или е исчезната или со ограничена или одземена деловна способност, изјавата ја дава старателот на детето со одобрение на Центарот за социјална работа.

Ако се случи детето врз кое се извршува признавање на татковство потребна е и негова согласност за признавање на татковството. Изјавата за согласност се дава во рок од 30 дена од денот на приемот на известувањето. Доколку  детето е помало од 16 години, и е под старателство, бидејќи мајката е умрена или е со непознато живеалиште или престојувалиште или му е одземена деловната способност, изјава за согласност за признавање на татковството дава старателот на детето со одобрение на Центарот за социјална работа.

Значи за да се оствари целата постапка за признавање на татковство потребна и е релевантна волјата на таткото, детето и мајката. Ако мајката на детето и детето кое е постаро од 16 години или старателот на детето кога е потребна неговата согласност, не се согласат со признавањето на татковството или не се изјаснат за тоа во рок од 30 дена по приемот на известувањето, лицето кое го признало детето за свое може да поднесе тужба заради утврдување дека е тој татко на детето.

Изјавата за признавање на татковство, како и изјавата на мајката и детето за согласност со признаеното татковство, не може да се отповикуваат единствено ако таа е предизвикана со принуда или е дадена поради измама или во заблуда.

При утврдување на мајчинство законот упатува на примена на одредбите кои го регулираат признавањето на татковството.

–ПРАВДИКО–

 

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