Establishing paternity in the history of Soviet law

The purpose of the work is to study the evolution of Soviet legislation regarding the establishment of paternity, covering the key stages of its formation and changes throughout the twentieth century, as well as the specifics of the law enforcement activities by the courts. Special attention is given to the influence of social and ideological factors on the legal norms governing this important aspect of family relations. The article analyzes how legislative initiatives reflected societal needs and changing ideas about family and parenthood. In conclusion, it emphasizes the significance of historical experience of Soviet law for modern family law and highlights the necessity for further analysis of legal norms in light of contemporary challenges and societal changes. It is concluded that the initial legislative initiatives of the Soviet state concerning the regulation of paternity emphasized the principle of equality between children born in marriage and those born out of wedlock, with consanguinity as the main criterion for establishing paternity. In the mid-1920s, the focus shifted to actual relationships with women and joint household management, which became the basis for recognizing paternity concerning a child. The tightening of state control over women’s reproductive function in the 1930s and 1940s was driven by a desire to compensate for demographic losses. This manifested in prohibitions of abortions, increased penalties for malicious non-payment of alimony, complications in divorce procedures, and restrictions on judicial establishment of paternity. From the second half of the 1950s onward, Soviet laws on marriage and family concerning paternity embodied a volitional factor rather than a biological or normative one.