Tosia is given the wrong last name. It cannot be changed

Mrs. Yolita and her partner fell victim to a legal loophole through which their child did not receive the father’s surname. Tosia died in the womb of her mother, who had not yet divorced, so the girl’s name was then entered on her husband. It turns out that the death of the child closes all legal avenues to deny paternity. intervention materials.

And Yulita, now 37, got married at a very young age. Sixteen years ago, Shimon was born, four years later, Nikola. The marriage was bad. Wioleta filed for divorce. She and her children became estranged from her husband.

He wasn’t quite a responsible father. It is so to this day. We were not together. Our communication was also difficult, – recalls the lady and Yulita.

Tusya dies

The divorce case dragged on. Mr. Marcin appears in Lady and Yolita’s life. They live in Sieradze, in the Lodz Voivodeship. The couple was expecting a child.

The pregnancy in general was uneventful. On June 17, I felt bad from the morning, something was wrong. She managed to tell Marcin to call an ambulance and she sank to the floor. They took me to the hospital, all I remember is the oxygen mask. I woke up the next day, say the lady and Ioletta.

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Unfortunately, after waking up, he and Yolita hear tragic news. That was on June 17, 2020.

There was internal bleeding and I just choked. The bearing fell off. I choked. Not only that: they had to remove everything for me. She was left without female organs, – explains Violetta.

Marcin is very introverted. He keeps silent a lot, does not want to speak, tears in his eyes. It’s a difficult subject. If a person does not want to speak alone, it is not allowed to deceive a person like that – adds Yaroslav Chukumsky, Waleta’s father.

Tosia’s parents drama

And here begins the second drama for Tosia’s parents. As the child’s mother was still officially married, the name of Lady and Yolita’s husband was entered on the child’s birth certificate. The court dismissed the case, and the prosecution refused to initiate proceedings to deny paternity.

She and Yolita only got a divorce after the death of her child.

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– Our legislator did not provide for such a situation in the Family and Guardianship Code. Therefore, for the time being, there is no possibility to bring any further action – says Mikołaj Badzij, a lawyer at Graś & Partners.

– I was told that if the daughter were alive, then a paternity suit could be brought, but when a stillborn child is born, every avenue, every avenue is closed. There is nothing you can do about it. Only on the gravestone have we been able to correctly sign her as Tosia Kłoś. Everywhere in the newspapers, add Mrs. and Julieta, whether in the priest, there is a different name everywhere in the newspapers.

Małgorzata Frydrych’s video report can be seen here.

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