A Kazakh citizen has asked the Constitutional Court to review provisions that prevent him from contesting his own paternity, because he knew at the time the child's birth was registered that he was not the biological father. The website infohub.kz reports.
According to the Constitutional Court's press service, the applicant is asking the court to check several provisions of the law for compliance with the Constitution. These provisions bar a person's claim to contest his paternity if, at the time the child's birth was registered, he knew that he was not the child's biological father.
“The applicant believes that such regulation unreasonably restricts a person's right to judicial protection. In the event of a divorce from the child's mother, such a restriction leaves a person who is not the biological parent with long-term obligations to support and raise the child, as well as other legally significant consequences,” the press service quoted the applicant's position as saying.
The case materials show that the applicant, knowing he had no biological relationship with the child, voluntarily agreed to be registered as the child's father. After divorcing the child's mother, he went to court seeking to have information about him as the father removed from the child's birth record.
However, the court rejected his claim, citing the voluntary nature of his acknowledgment of paternity and the absence of evidence that his will had been violated. The Constitutional Court will now consider the application, with a final ruling to be published later.