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Article 135 of the Family Code of Ukraine explained (single mothers)

Family and marriage

Reference information: rules, amounts and deadlines change. Check the date of the material and the official sources.

Under Article 135(1) of the Family Code of Ukraine, if a child is born to a mother who is not married and there is no joint application by the parents, no application by the father and no court decision, the entry for the child’s father in the Register of Births is made on the basis of the mother’s surname and citizenship. The first name and patronymic of the child’s father are entered as the mother chooses.

Under the Italian rules on registering civil status acts, by contrast, the father’s details are simply not recorded in such cases.

If you need to submit to the competent Italian authorities an explanatory certificate on Ukrainian legislation concerning the entry of a child’s parents where paternity has not been established (under Article 135 of the Family Code of Ukraine), citizens of Ukraine living in the consular district of the Consulate General of Ukraine may apply to the Consulate with an application to that effect.

Documents required to obtain the certificate

  • A valid international passport of a citizen of Ukraine + 2 copies of the first page of the passport.
  • The original extract from the civil status register on the state registration of the birth under Article 135(1) of the Family Code of Ukraine + a copy (+ an Italian translation, if available).
  • The original birth certificate of the child + a copy (+ an Italian translation, if available).

The certificate is issued in Ukrainian but, at the applicant’s request, it can be provided in Italian.

Processing times

  • Urgent: within 5 days.
  • Standard procedure: within 10 working days.

The consular officer sets the date on which the certificate will be ready and issues a receipt stating the time and date of collection.

Cost of the certificate: the consular fee is paid by bank card at the POS terminal in the public reception hall.

Collecting the certificate: the applicant can collect the certificate in person at the appointed time by presenting their original passport and the payment receipt.

Conclusion

Article 135 of the Family Code of Ukraine clearly sets out how a child born to an unmarried mother is registered. Where paternity has not been officially established, the entry for the father is made as the mother chooses. In Italy, by contrast, the father’s details are not entered in civil status records in similar situations. Citizens of Ukraine who need documentary proof of Ukrainian legislation for the Italian authorities can obtain the relevant certificate from the Consulate General of Ukraine, following the requirements and processing times set out above.

Divorce at the Consulate

A consul may register the dissolution of a marriage between citizens of Ukraine provided that at least one of the spouses has obtained documents for travel or permanent residence abroad and…

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