With the efforts of Rights Georgia another precedent of child-friendly justice was created

18 December, 2023

The biological father of a minor child, who evaded caregiving and responsibility, has been mandated to pay alimony for the minor following the establishment of biological paternity through a medical examination, thanks to the efforts of Rights Georgia.

The case involves a child whose birth certificate lacked information about her father. The child's biological father only assumed responsibility after paternity was established by the court. Seeking legal assistance, the child's mother approached Rights Georgia. The lawyers of Rights Georgia submitted a lawsuit to the Tbilisi City Court, requesting the establishment of paternity, amendments to the birth certificate, and the imposition of alimony.

The court establishes the child's paternity based on the results of biological or anthropological examinations. However, the mother, facing economic challenges, lacked the financial means to conduct the tests independently and, as a result, couldn't determine the child's paternity at her own expense.

The lawyers of Rights Georgia filed a petition with the court, arguing that, given the woman's economic situation, the expenses for the paternity examination should be covered by the child's father. Through the efforts of the lawyers, Judge Maya Kutkhashvili of the Tbilisi City Court was persuaded that assigning the costs to the alleged father was essential for establishing paternity and ensuring the woman's access to justice. Consequently, based on the well-substantiated petition by lawyers of Rights Georgia and supporting evidence, the judge mandated a biological examination and directed the defendant to prepay the associated costs. This case stands as a precedent in safeguarding the child's best interests and upholding a high standard of child-friendly justice.

It should be noted that, regrettably, numerous single mothers face limitations in exercising their right to access justice due to the substantial costs associated with obtaining crucial evidence, especially DNA testing. Consequently, in the majority of instances, single mothers are compelled to forgo pursuing legal actions of this nature.

The Levan Samkharauli National Forensic Bureau issued a relevant report confirming that the defendant is the biological father of the minor plaintiff.

"I can't put into words how emotional all of this is for me. If it was not Rights Georgia, we would never have been able to experience this day. This is the happiest day in my life since the birth of my child!" says the mother after receiving the results of the biological examination.

On December 18, 2023, Judge Maya Kutkhashvili made a decision to partially grant the claim. Specifically, based on the submitted medical examination, the defendant was recognized as the child's biological father, and the necessity to make changes in the birth certificate to indicate the defendant as the child's father was established. Additionally, the defendant was ordered to pay alimony for the minor child in the amount of 300 GEL (instead of the requested 550 GEL) from the moment of filing the lawsuit until the child reaches adulthood. 

This case is being litigated by Rights Georgia with support from the USAID Rule of Law Program.


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