A woman was denied by the CNAP when she applied for a one-time childbirth allowance. The court has made a ruling on the matter.

A woman sought a one-time assistance payment following the birth of her child. To do this, she contacted the CNAP, but her application was denied. This is stated in the decision of the Vinogradovsky District Court of Zakarpattia, published on January 13, 2025.

On January 14, 2020, the couple registered their marriage, and their son was born in New York (USA), as confirmed by a copy of the birth certificate (translated into Ukrainian), issued by the Department of Health and Mental Hygiene. When applying to the Center for Administrative Services of the Vinogradov City Council in Zakarpattia for the one-time assistance payment upon the birth of a child, the applicant was denied due to discrepancies in the names of the mother and father as written on the child's birth certificate and their own Ukrainian passports.

Case Review

The court determined that on January 14, 2020, the couple was married, as recorded in entry No. 6. After the marriage registration, the applicant changed her surname. Their son was born in New York (USA), which is confirmed by a copy of the birth certificate (translated into Ukrainian), issued by the Department of Health and Mental Hygiene.

In the translated birth certificate, the section "Full name of mother (maiden name)" and "Full name of father (without patronymic)" do not match the passport details. On September 3, 2024, the acting Consul General of Ukraine issued a certificate stating that the woman’s husband, a native of New York, New York State, United States of America, acquired Ukrainian citizenship. In a letter from the Vinogradov City Council dated November 26, 2024, the applicant received a written refusal regarding her entitlement to the assistance payment upon the birth of her child.

What Did the Court Decide?

The woman's claim was granted. The court established the fact that she and her husband, as listed on the birth certificate (translated into Ukrainian) issued by the Department of Health and Mental Hygiene of New York City (USA), are the parents of their son, who was born in New York, New York State, United States of America.

"According to the requirements of Article 315 of the Civil Procedure Code of Ukraine, the courts consider cases, in particular, regarding the establishment of facts of legal significance, and according to subparagraphs 1 and 6 of part 1 of Article 315 of the Civil Procedure Code of Ukraine - regarding the establishment of the fact of kinship between individuals; the ownership of legal documents to a person whose surname, first name, patronymic, place, and time of birth indicated in the documents do not match the name, patronymic, surname, place, and time of birth of that person indicated in the birth certificate or passport. Establishing the fact of kinship is legally significant for applicants, as it affects their right to receive assistance upon the birth of a child and to obtain child care benefits until the child reaches three years of age. In light of the above, the claims made are to be satisfied," the court emphasized.