Paternity recognition, which should be retained
Paternity is the social recognition of a parental relationship between a father and his child.
Establishment of paternity
When a man refuses to recognize a child as being his, a research action in paternity can be committed by the mother or the child.
The procedure must be committed in the 2 years which follow the birth of the child or in the event of cohabitation, 2 years after the end of the relation. A child can set in motion a procedure in the 2 years which follow its majority.
You must, obligatorily, call upon a lawyer. To make a test of paternity, it is necessary that a judge orders and appoints it an expert to proceed to it. It is not possible in France to make perform a paternity test to verify for a link. No laboratory is authorized to practice it if it were not ordered by a judge. The fact of carrying out an analysis apart from the legal framework is one year a punished offence of imprisonment and 15.000 euros of fine (article 226-28 of the Penal code).
There are situations where it is the father who takes action to recognize his child because it wishes to prove his paternity to obtain, for example, the guard of the child when the mother was deprived of her parental authority
Research action in paternity
You must provide all the possible evidence of paternity by proving the existence of close relations with the father for the period of design of the child.
The DNA is a single molecule with each person, except for the identical twins. Each person receives half of the genetic material of her mother and other half of her biological father.
The test of paternity gives a clear and unambiguous answer. The analysis of the DNA of the mother and the supposed father makes it possible to identify the maternal characteristics and to check if the remaining characteristics are present in the supposed father of the child.
How to contest a paternity
A person who disputes a paternity must bring the proof by all means of it (geographical distance at the time of the design, appraises blood, examination of the genetic prints).
Either the father was misled and wishes that this one or cancelled, or the true father wish that his paternity or established or that the child himself wants to see fixing his true filiations.
If the legal father dealt with the child during more than 5 years, it cannot dispute its paternity any more.
If the legal father never dealt with the child, the dispute can be made during 10 years.
Consequences of the refusal a DNA test
It is not possible to oblige the people concerned to subject itself to a test of DNA. But if the man refuses to lend himself to the test, the judge can interpret this refusal like a confession. So of other elements seem to attest its paternity, the judge can recognize it like such and oblige it to assume the consequences of this paternity.
In this case, the father must take part in the maintenance and the education of the child. He can be condemned to pour damages, alimony, like refunding the expenses of maternity and maintenance of the mother during the 3 months which preceded and the 3 months which followed the birth of the child.
Consequences of non-paternity
The child and the father not having any legal bond, they do not inherit any more one of the other and do not owe any more an alimony. Cancellation also involves consequences as for the name which the child carries.
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