Court in Odesa overturns TCC's refusal to defer paternity - father of three

The Odesa District Administrative Court ruled that the refusal of the territorial center for recruitment and social support (TCC and SP) to grant a deferral from mobilization to a man who has three minor children was unlawful.

As reported by the Judicial and Legal Newspaper, the fact is that the man is a stepfather to two children and a biological father to only one.

He got married in August 2022. The family has three children under the age of 18: two of his wife's children from a previous relationship and one child together. The fact of cohabitation was confirmed by a family composition certificate. The family has the status of a large family.

In November 2024, the plaintiff had already been granted a deferral as a person with three dependent children under the age of 18.

After the extension of the martial law, he reapplied for a deferral, adding

• marriage certificate;
• birth certificates of the children;
• certificates of parents of a large family;
• a certificate of family composition;
• documents on child support arrears of the biological father of two children.
• The Commission at the TCC and JV refused to grant the deferral.

The reason for the refusal: out of three birth certificates, only one confirms the plaintiff's paternity; he is not the biological father of the other two children. The plaintiff insisted that the law refers to the dependency of three or more children, not to the existence of biological paternity for each child. In fact, he provides for all three children, lives with them as a family and fulfills his responsibilities for their maintenance.

The TCC stated that birth certificates of three or more children indicating the paternity of the person liable for military service are required. The absence of such confirmation is grounds for refusal.

However, the court decided that family members can be persons who live together, run a common household and have a common budget, even if they are not related by blood. Therefore, the man was entitled to a deferral.

Кирило Бойко