--- title: "No Stamp in the Passport: What Rights and Obligations Parents Have Toward Their Child" description: "Lawyer Denis Nagornyuk explained that the absence of a formal marriage does not deprive the mother and father of equal rights and obligations toward the child: alimony, place of residence, and travel abroad are governed by general rules." date: 2026-09-14T15:28:00.000Z lang: en url: https://xab.info/en/posts/parental-rights-without-formal-marriage tags: [family-law, parental-rights, alimony, child-custody, ukraine-law] publisher: "XAB.info" --- # No Stamp in the Passport: What Rights and Obligations Parents Have Toward Their Child ![Father teaching his son to peel an apple in the kitchen, illustrating parental rights and obligations without a marriage stamp](https://xab.info/media/2026/09/14/prava-roditely-bez-oficialnogo-braka/prava-roditely-bez-oficialnogo-braka-1.webp) ## 🎯 Key Points - The absence of a formal marriage does not deprive the mother and father of equal rights and obligations toward their common child. - For the father, the key is the legal establishment of paternity — an entry in the birth certificate or a court decision. - Alimony, disputes over the place of residence, the communication schedule, and the child's travel abroad are governed by general rules regardless of marriage. - Property acquired during cohabitation without marriage may be recognized as common ownership, and if registered in one partner's name, it requires proof in court. 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. ## 🔍 Fact-Check Verification - [Without a formal marriage: what rights and obligations parents have toward their child](https://www.rbc.ua/ukr/news/ofitsiynogo-shlyubu-ki-prava-ta-obov-yazki-1789385536.html) - Единственный источник — комментарий адвоката Дениса Нагорнюка (AXIOS PARTNERS) для РБК-Украина. Фактические утверждения о равных правах родителей, статусе отцовства, алиментах, месте жительства и выезде за границу изложены последовательно и не противоречат друг другу; оценка «с оговорками» обусловлена одноисточниковостью и характером материала как экспертного юридического разъяснения. ## ❓ FAQ ### Q: Does the absence of a formal marriage deprive the father of parental rights? **A:** No. If paternity is legally established — the father is listed in the birth certificate or his paternity has been established by a court — he has the full scope of parental rights and obligations, equal to the mother's rights. ### Q: Do the rules for paying alimony differ for unmarried parents? **A:** No. A parent living separately from the child is obliged to contribute to the child's maintenance. Alimony is paid by agreement, on the basis of a notarized agreement, or collected by a court order — regardless of whether there is a marriage. ### Q: Who resolves a dispute over the child's place of residence if the parents are not married? **A:** If no agreement is reached, the issue may be resolved by a court, with the best interests of the child being the determining factor, not whether the parents were in a formal marriage.