HEIRS MAY OBTAIN THE RIGHT TO CHALLENGE PATERNITY

The State Duma will consider a draft law, which provides for the right of heirs to challenge the paternity of the deceased. This will protect the property interests of the testator's relatives and protect them from illegitimate heirs.

At the moment, Russian legislation provides for the right to challenge paternity for a clearly limited number of persons. It includes both the alleged father and mother of the child, the child, legal representatives, as well as guardians of disabled parents.

This list was done in order to protect the rights of minors and prevent arbitrary interference in family affairs.

The lawmakers were prompted to change the norm by the legal situation with the inheritance of Olesya Shishkina, in whose case the Constitutional Court issued a ruling in March 2021. The woman tried to challenge the paternity record in respect of the girl, who, in the applicant's opinion, was not the daughter of the deceased. The court of first instance found that the record was forged, but the regional court rejected the claims, referring to the fact that the applicant was not listed among the persons entitled to challenge the paternity.

Explaining the legal situation, the Constitutional Court of the Russian Federation indicated that in such cases, the heirs of the deceased should have the right to challenge paternity, since the lack of such a legal opportunity may violate their property rights and interests.