Paternity testing is an appraisal to determine whether there is a blood relationship between parents and children. Especially in some cases of the rights and interests of children born out of wedlock, paternity testing is one of the most important pieces of evidence as an appraisal that can prove that a child born out of wedlock has a paternity relationship with the parent or mother. However, in real life, sometimes the man does not recognize the parent-child relationship and is unwilling to do a paternity test. So at this time, the woman wants to prove that the child is the man, what should she do?
You can sue the court for confirmation of paternity
The most important thing about paternity testing is that it is necessary to provide test samples from both parties, and the consent of all the evaluated persons is required, and the consent of the guardian is required for the children of minors. If one party is unwilling to do a paternity test, the other party may sue the court to confirm the paternity. Article 1073 of the Civil Code stipulates that if there is an objection to the parent-child relationship and there are legitimate reasons, the parent may file a lawsuit with the people's court to request confirmation or denial of the parent-child relationship.
Refusal to do paternity testing can be presumed to have a paternity relationship
The results of the paternity test are related to the personal safety relationship and property relationship between the husband and wife and the children. Therefore, in the case where one party refuses to do a paternity test, the party who makes the paternity test claim shall bear the burden of proof commensurate with its claim. If the other party refuses to do a paternity test, resulting in the paternity relationship cannot be confirmed, the court may presume that the paternity relationship is established. The Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China stipulates that if the parent or mother and the adult child sue for confirmation of paternity and provide necessary evidence to prove it, and the other party refuses to do a paternity test without contrary evidence, the people's court may determine that the claim of the party confirming paternity is established.
Wen Law Says:
In life, it is often encountered that some men do not recognize the parent-child relationship and refuse to do paternity testing. The woman is concerned that she will not be able to require the man to pay child support because he cannot prove paternity. In this case, the woman may sue the court to confirm the paternity relationship, and in the case of the man's refusal to conduct a paternity test, the court may presume that the paternity relationship between the man and the child is established.
Author: Wen Feifei, lawyer
Editor: Jin Yi, lawyer