In Ukrainian society, the belief still persists that a child born outside of a formal marriage is in a vulnerable position, and that one of the parents — primarily the mother — gains an “automatic” advantage. Lawyers are dispelling this myth: the absence of a registered marriage does not deprive either the mother or the father of their rights and obligations toward their common child. This was explained in a comment to RBC-Ukraine by lawyer Denis Nagornyuk, managing partner of the AXIOS PARTNERS law firm. According to him, the mother and the father have equal rights regardless of whether they were in a formal marriage.
Equal Rights Regardless of Marriage
The key principle emphasized by the specialist is that the mere fact of not registering a marriage does not give one parent an advantage over the other. If parenthood is legally established, both parents have equal rights and equal obligations toward the child. This means that issues of upbringing, communication, custody, and guardianship are resolved under the same rules, regardless of the couple's marital status.
The Legal Status of the Father
At the same time, it is crucial for the father that his legal status be properly documented. According to Nagornyuk, if a man is listed as the father in the birth certificate or if his paternity has been established by a court, he has the full scope of parental rights and obligations. In other words, it is the legal establishment of paternity, not the presence or absence of a marriage, that determines the scope of the father's rights in relation to the child.
Child Support and Alimony
In the lawyer's assessment, the issue of child support is resolved in the same way for married and unmarried parents. A parent who lives separately from the child is obliged to contribute to the child's maintenance. Alimony may be paid by voluntary agreement of the parties, on the basis of a notarized agreement, or collected by a court order. Thus, the mechanism for ensuring the child's financial interests does not change depending on whether the couple was officially registered.
Place of Residence, Communication, and Travel Abroad
If the parents cannot agree on the child's place of residence, this issue may be resolved by a court, with the determining criterion being the best interests of the child, not whether the parents were in a formal marriage. The absence of a marriage also does not affect the establishment of a communication schedule with the child, or issues of custody and guardianship. In most cases, it also does not affect the possibility of taking the child abroad: if both parents are legally recognized as such, the general rules apply regarding the need for the second parent's consent or the cases in which such consent is not required under the law.
Property Aspects of Cohabitation
Separately, lawyers remind us of a related issue — property acquired by partners who lived together without an official marriage. As noted in previous RBC-Ukraine materials, jointly acquired property may be recognized as common ownership. If, however, the property is registered in the name of only one of the partners, the other will have to prove in court the fact of living as one family and their participation in acquiring or improving that property after the relationship ends. It is important that the absence of a marriage gives no advantage to either the mother or the father: with legally established parenthood, the rights and obligations of both parents are equal.
Important: this material is for informational purposes only and does not constitute legal advice. RBC-Ukraine bears no responsibility for actions taken on the basis of this information. If you need legal assistance or interpretation of the law, it is recommended to consult a qualified lawyer.
