By its decree of June 25, 2024 in case No. 753/11852/24 the Darnitsky District Court of Kyiv refused to open proceedings on the application of clients of Attorney’s Association “Modus Zilver”, – foreigners, – to determine a fact of legal significance (family ties), citing that the case should be considered in the order of a statement of claim.
The need to submit such an application is due to the fact that in order to confirm abroad (in the country of residence of the parents) the family (parental) ties with a child born in Ukraine using assisted reproductive technologies, an extract from the civil register is not sufficient. A court decision confirming family ties may be the appropriate document.
In accordance with Article 293 of the Civil Procedure Code of Ukraine, the foreigners applied to the court with the help of our lawyers. In connection with the refusal of the court of first instance to open proceedings, the lawyers filed an appeal with the Kyiv Court of Appeal.
As a result of consideration of our appeal, the Kyiv Appeal Court confirmed the correctness of our lawyers’ position, overturned the ruling of the court of first instance and sent (returned) the case for consideration to the Darnitsky District Court of Kyiv.
The Kiev Court of Appeal confirmed that, in the absence of a dispute, the establishment of the fact of family ties should be considered in a separate procedure and not in a lawsuit.
In some cases it is necessary to fight and go to the appeal court even for the opening of the case. Our lawyers are ready for this and are committed to protecting the interests of their clients!