The father has gone missing. He acknowledged you, supported you, and stayed in contact during his lifetime — but his name is not on the birth certificate. His relatives refuse to submit to DNA testing. The court has been postponing hearings for a year, citing the absence of genetic evidence.

This is a common situation in which people believe the case is hopeless without DNA. It is not.

What the Law Says

Cases like this are heard under the special proceedings procedure: Article 50 of the Family Code of the Russian Federation and Article 264 of the Code of Civil Procedure (CPC RF) — establishing the fact of paternity acknowledgment during the father’s lifetime.

The subject of proof is fundamentally different here: not biological origin, but the fact that the father openly acknowledged you as his child during his lifetime — through care, communication, and financial support.

Under Article 67 of the CPC RF, the court evaluates evidence in its totality. No single piece of evidence — including DNA — has predetermined evidentiary weight. Genetic testing is desirable but not mandatory.

What to Do When Relatives Refuse

Their verbal refusal before trial carries no legal weight.

The correct procedure:

File a written motion requesting court-ordered genetic testing.
The court issues a ruling ordering the testing and summoning the relatives to the laboratory.
If they officially fail to appear or refuse — this is recorded in the court minutes.
Article 79(3) of the CPC RF then applies: when a party evades a court-ordered examination, the court may recognize the fact under investigation as established.

Courts treat an official refusal by relatives as grounds to proceed with other available evidence — not to postpone indefinitely.

How to Stop a Year of Postponements

Repeated adjournments “pending DNA testing” violate the principle of reasonable proceedings timeframes under Article 6.1 of the CPC RF.

File a written motion stating:

proceedings have been postponed for N months awaiting an examination;
the examination is impossible: no biological material from the father exists, and relatives are evading participation;
you request the court to proceed to a merits hearing on the basis of existing evidence.

This is a procedurally well-grounded demand, and the court is obligated to respond to it.

What the Supreme Court Says

Plenum Resolution No. 16 of May 16, 2017 (“On the Application by Courts of Legislation When Hearing Cases Related to the Establishment of the Origin of Children”) is the Supreme Court’s primary guidance document for this category of cases.

Key positions in your favor:

On evidence. Paragraphs 19–20 state: when establishing the fact of paternity acknowledgment under Article 50 of the Family Code, the court accepts any evidence reliably confirming that the father considered the child his own during his lifetime. A genetic examination conclusion is one piece of evidence among many — it carries no predetermined evidentiary weight and is evaluated alongside all other evidence.

On examination without the father’s biological material. The Plenum expressly states: neither the death nor the disappearance of the alleged father prevents a genetic examination using biological material from his relatives. A refusal by relatives to participate in the examination is recorded and evaluated by the court together with other circumstances of the case.

On the type of proceedings. The fact of paternity acknowledgment is established through special proceedings only when there is no dispute about a right. If such a dispute is identified, the court transfers the case to adversarial proceedings (paragraph 27 of the Resolution).

In short: prolonging a case while waiting for DNA — when cumulative indirect evidence already exists — contradicts the Supreme Court’s own position.

What to Use Instead of DNA

Collect everything that shows the father knew about you and considered you his child.

Financial trail Bank statements showing regular transfers from the father. Receipts for purchases of clothing, educational fees, medical expenses, or vacations. This is objective data that is difficult to challenge.

Correspondence Messages in messengers and social media — screenshots with dates, notarized if possible. Especially valuable are fragments where the father refers to you as his son or daughter, congratulates you on holidays, or asks about your life.

Photos and video Joint photographs from different years — with dates and context. Family event recordings. A chronological sequence matters: it demonstrates consistent presence, not a one-time encounter.

Official documents Medical records, school or kindergarten attendance logs, forms — anywhere the father appears as a relative or emergency contact.

Witnesses File a motion to summon neighbors, mutual acquaintances, teachers, or the father’s colleagues — anyone who heard him call you his child or saw you together. Aim for at least three witnesses who can provide detailed testimony.

If the Father Went Missing During Military Service

Additionally: request through the court any information about whether a DNA sample from the father exists in the military personnel DNA database or at the regional forensic medical examination bureau. In some cases such material exists and can be used for testing without the relatives’ participation.

What to Do Right Now

File a motion for court-ordered testing — to officially place the relatives’ refusal on the court record.
File a motion invoking reasonable timeframe requirements under Article 6.1 of the CPC RF — demand that the court proceed to a merits hearing.
Compile an evidence register — organize correspondence, photographs, bank statements, and documents in chronological order.
Secure witness attendance — file a motion for their summoning.

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Has your case been postponed for a year? We will assess the situation, draft the necessary motions, build your evidentiary case, and push for a merits hearing. Contact us for a consultation.

Establishing Paternity Without DNA When the Father Is Missing