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The Regulation Establishing The Paternity Of Child Maintenance

Original Language Title: Asetus isyyden vahvistamisesta ja kumoamisesta sekä lapsen elatuksesta

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Regulation fixing and repealing paternity and child support

See the copyright notice Conditions of use .

The presentation of the Minister of Justice is laid down in the Act of 5 September 1975 on the entry into force of the paternity law (701/75) And the law of the child on the same day (704/75) Pursuant to paragraph 2:

The entry into force of the Law on paternity 701/1975 Has been repealed by ISeptemL 11/2015 , which is valid from 1 January 2016.

Information about the birth of the child
ARTICLE 1 (6.2.1998/100)

The Maistraat shall inform the child's mother of the child of the child of the child of the mother of the child who has been deposited outside the marriage without delay. If the mother is dead or does not have a municipality of residence in Finland, the place of birth of the child's place of birth shall be reported to the children's administrator of the municipality where the child resides.

Medical reports
ARTICLE 2

For the purpose of establishing, consolidating or abrogating the child, the date on which the child is conceived shall be the head of the maternity ward of the maternity ward in which the birth has occurred, or A specialist.

If the birth has not taken place in a medical establishment or if the doctor referred to in paragraph 1 may, for another reason, give a medical expert opinion on the date of the child's inception, the doctor shall be given the medical examiner.

The expert opinion on the date of breeding shall state:

(1) the reporting agent;

(2) ordered by a child supervisor or ordered by a court;

3) who is subject to the opinion;

4) a reasoned estimate of the date of conception.

(22.9.2005)
ARTICLE 3 (22.9.2005)

In the context of the investigation of paternity, the child supervisor should explain the law on legal genetic paternity (378/2005) The importance of research for the purposes of finding paternity. In addition, paternity law must be explained (700/1975) The provisions of paragraphs 2 to 4 concerning the conditions for the conclusion of a legal genetic paternity test and, where necessary, the provisions of the Decree of the Council of Ministers on Legal Genetic paternity (1755/2005) Provisions for carrying out research.

If the legal genetic paternity test is to be taken from the person referred to in Article 11 (4) of the paternity law, the child's administrator shall explain to him the provisions of Article 11 (1) of the Law on Legal Genetic paternity Of the opinion and its purpose.

IsepL 700/1975 Has been repealed by ISeptemL 11/2015 , which is valid from 1 January 2016.

§ 4 (22.9.2005)

Where the consent of those whose consent is necessary for the award of a legal genetic paternity test has been accepted, the child's administrator shall order a study in accordance with Article 10 (1) (1) of the Law on Legal Genetic paternity By means of a form conforming to the formula.

Where a child supervisor has received an opinion based on a legal genetic study commissioned under the first sentence of Article 11 (2) of the paternity law, he shall immediately inform the person who took part in the study.

Where a child supervisor has received the opinion referred to in Article 11 (1) of the Law on Legal Genetic paternity Research, he shall without delay communicate the content of the opinion to the person concerned and to inquire of his/her consent To the legal genetic paternity test.

Indition of paternity
§ 5

Where, on the basis of Article 13 of the Act on paternity, the children's supervisor has submitted to the Social Board that an explanation of paternity be suspended, the child's mother must be given the opportunity to present to the social committee the opinion of the child's supervisor on the occasion of the call. May be served on him. The mother may express her views in person at the meeting of the social committee or in writing by means of a notice to the Board.

The decision to suspend or extend the decision of the social committee shall be notified to the mother, if her whereabouts are known. The decision of the Social Board shall not be subject to appeal.

ARTICLE 6 (16,1980/354)

The statement of recognition referred to in Article 15 (1) and the addressee of the recognition referred to in Article 16 and Article 16 (a) of the Act of Accession, as well as the supplier of the hearing referred to in Article 17, shall establish the statement of recognition or acceptance, or On the basis of an identity document or any other comparable, reliable means. At the same time, he shall require an explanation of the personal data and residence of the child and of the mother and of the husband.

§ 7

Where the statement of recognition or acceptance has received or has been submitted by the authority referred to in Article 15 (1) of the paternity act other than that of the child supervisor, to whom the paternity of the paternity law falls under Article 6 (2) of the paternity law, is recognised Or the document on its adoption shall be sent without delay to the child's supervisor.

§ 8

If the guardian or the mother of the child has not been consulted on the grounds of recognition, the child-administrator referred to in Article 6 (2) of the paternity law shall provide them with an opportunity to be heard. Such notification shall be notified in accordance with the law on service in administrative matters (22/66) Is provided for.

If a child, a mother or a husband, who, according to Articles 16 and 16a of the Act of paternity, has to be recognised, has not been informed of the adoption of the statement of recognition and their whereabouts are well known, the The child's administrator shall inform them of the recognition by post against the receiving licence. (16,1980/354)

L for service in administrative matters 232/1966 Has been repealed by the Administrative L 434/2003 .

§ 9

Before the adoption of the documents on recognition in accordance with Article 20 (1) of the Law on the Rights of the Child, the child's administrator shall establish that recognition has taken place as provided for in Articles 15 to 18 of the paternity law and that the documents are: In the form provided for in Article 19 of the paternity law.

Recognition of powers of recognition
ARTICLE 10 (20.2.2003/145)

The master at the time of the recognition of paternity shall ensure that the information is deposited without delay in the population information system.

ARTICLE 11 (20.2.2003/145)

Paragraph 11 has been repealed by A 20.02.2003/145 .

ARTICLE 12 (20.2.2003/145)

The Maistraat shall send a copy of its decision on the recognition of recognition to the child's administrator.

The child supervisor shall inform the parties of the decision of the Landscape.

Use of forms
ARTICLE 13

The following documents shall be written for the validation and recognition of paternity and paternity benefits for the child, as well as for the following forms:

1. The mother's declaration that she is opposed to the clarification of paternity, within the meaning of Article 8 (2);

(2) the decision of the social committee within the meaning of Article 13 of the paternity law;

3) a protocol to be drawn up pursuant to Article 14 of the Law on paternity;

4) a document on the recognition of paternity referred to in Article 19 of the paternity law;

(5) the document referred to in Article 19 of the paternity law, in which the child accepts recognition; (16,1980/354)

6. The decision on the recognition of the register as referred to in Article 20 of the paternity law; (20.2.2003/145)

(7) the law on child maintenance (704/75), § 7 If it is submitted for adoption by a social committee; and

(8) the decision of the social committee within the meaning of Article 8 of the Child Maintenance Act concerning the establishment of a maintenance contract.

The statement of support referred to in Article 19 of this Regulation and the declaration referred to in Article 20 shall also be drawn up on a form corresponding to the prescribed formula.

The forms referred to in paragraphs 1 and 2 shall be determined by the Ministry of Justice. The forms can be ordered from the State Printing Centre.

Miscellareous provisions
ARTICLE 14

At the request of the child, the child supervisor shall be obliged to provide assistance to the child's supervisor of the other municipality in order to determine and strengthen the paternity of another municipality, as well as in matters relating to the strengthening of maintenance in the course of the duties of the child's supervisor. In that case, the children's administrator shall also be obliged to represent another child's supervisor in the proceedings before the courts or other authorities of the competent authority of its territory.

§ 15 (22.9.2005)

The amount of the medical expert's report on the siting of the child supervisor or the date on which the court order has been issued shall be reimbursed up to a maximum of EUR 70 plus the transmission costs and possible value added tax.

ARTICLE 16

The Ministry of Justice shall, if necessary, give more detailed guidance on the implementation and application of the Regulation.

The Ministry of Social Affairs and Health confirms the instructions for issuing the medical expert's report referred to in Article 2. (12.2.1993/187)

Entry and transitional provisions
§ 17

This Regulation shall enter into force on 1 October 1976. It repeals the Regulation of 22 November 1929 on the application of the law on marriage and its entry into force (368/29) .

ARTICLE 18

Under Article 26 (1) of the paternity law, the child's supervisor is obliged to pursue an action on paternity as provided for in Article 26 (1) of the paternity law, if the child born before the entry into force of the paternity law has not fulfilled the reference year and Article 24 (1) of the paternity law. The child representative referred to in the article has been authorised by the child's supervisor.

§ 19

The child supervisor must draw up a report on child support which, before 1 October 1976, has been established by contract or judgment for a child born on the child's list of children, if the child has not been granted The advance of maintenance.

The report drawn up by the children's administrator shall be submitted to the child representative referred to in Article 5 (1) of the Child Support Act and a copy thereof to the Social Board by 1 November 1976.

§ 20

In adopting the report referred to in Article 19, the child's administrator must at the same time notify the debtor or the person whose whereabouts are known that the maintenance instalments matured are in accordance with Article 19 (2) of the Child Maintenance Act. From 1 October 1976 to a representative of the child referred to in Article 5 (1) of the Law.

If maintenance is to be recovered by the child's supervisor on 1 October 1976, the child's administrator shall also submit the declaration referred to in paragraph 1 to the enforcement authority concerned, stating that the The maintenance payments shall be credited to the child's representative. At the same time, the child supervisor shall indicate the name and address of the representative of the child.

ARTICLE 21

The child's administrator shall submit to the child representative of the child referred to in Article 5 (1) of the Law of 1 October 1976 on the maintenance of a child born outside the marriage before 1 October 1976. By 1 November 1976.

§ 22

The Regulation on the supervision of children born outside the marriage (941/43) And any other investment and related documents shall be disclosed to the child representative referred to in Article 5 (1) of the Child Maintenance Act by 31 March 1977.

Entry into force and application of amending acts:

16 MAY 1980/354:

This Regulation shall enter into force on 1 July 1980.

15.2.1991/323:

This Regulation shall enter into force on 1 March 1991.

12.2.1993/187:

This Regulation shall enter into force on 1 March 1993.

The guidelines of the Social and Health Government, issued on the basis of the provisions in force at the date of entry into force of this Regulation, remain in force until the Ministry of Social Affairs and Health annuls them.

6.2.1998/100:

This Regulation shall enter into force on 1 March 1998.

Before the entry into force of the regulation, measures may be taken to implement the Regulation.

20.2.2003/145:

This Regulation shall enter into force on 1 March 2003.

Upon the entry into force of this Regulation, the provisions in force at the time of entry into force of this Regulation shall apply.

22.9.2005/756:

This Regulation shall enter into force on 1 October 2005.