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Anonymous users2024-02-07Can't be forced! You can refuse!
But the court can make a presumption!
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.
Article 2 stipulates that one of the husband and wife shall file a lawsuit with the people's court to confirm the non-existence of parent-child relationship and have provided necessary evidence to prove it, and the other party has no evidence to the contraryDeniedWhere a paternity test is conducted, the people's court mayThe presumption that the claim of the party requesting confirmation of the non-existence of paternity is valid. One of the parties sued for confirmation of paternity and provided the necessary evidence to prove it, and the other party did not have evidence to the contraryDeniedWhere a paternity test is conducted, the people's court mayThe presumption that the claim of the party requesting confirmation of paternity is valid
It can be seen that the identification of paternity is presumed according to the specific demands of the specific case, and if the paternity test is refused, the court can presume that the paternity relationship is established according to the circumstances, and it can also presume that the paternity relationship is not established!
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Anonymous users2024-02-06No! However, if the other party has evidence that is unfavorable to the child as non-biological, the court may presume that it is not biological! For example, if a woman outside of marriage brings her child to recognize her father, but refuses to accept a request for paternity testing in the south, the court may decide that the woman's child is not the man's biological father, and refuse to support the woman's request for child support.
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Anonymous users2024-02-05A paternity test cannot be mandatory. If there is an objection to the parent-child relationship and there is a legitimate reason, and the necessary evidence has been provided to prove it, but the other party refuses to do a paternity test without evidence to the contrary, the people's court may find that the claim of the applicant party is established. The principles of paternity testing are as follows:
1. The paternity test shall be based on the principle of mutual consent. Paternity testing involves both changes in the relationship between people and the stability of marriage. Therefore, cases requiring paternity evaluations should be treated cautiously from the perspective of protecting the lawful rights and interests of women and children, helping to enhance unity, and preventing conflicts from intensifying;
2. The party applying for paternity testing shall complete the equivalent obligation of proof. Paternity testing is related to the personal and property relationships of husband and wife, children and others, so in a case where one party refuses to take a paternity test, the party making the paternity test claim should bear the burden of proof appropriate to the claim;
3. The requirements for determining obstruction of the presentation of evidence shall be strictly controlled. If the respondent refuses to take a paternity test, resulting in the inability to confirm the paternity relationship, it shall be presumed that the facts against the respondent are established.
Legal basisArticle 1073 of the Civil Code of the People's Republic of China.
Where there is an objection to the parent-child relationship and there is a legitimate reason, the father or mother may file a lawsuit in the people's court to request confirmation or denial of the parent-child relationship. Where there is an objection to the parent-child relationship and there is a legitimate reason, the adult child may file a lawsuit with the people's court to request confirmation of the parent-child relationship.
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Anonymous users2024-02-04Legal analysis: The identification of paternity is presumed according to the specific demands of the specific case, and if the paternity test is refused, the court may presume that the paternity relationship is established according to the circumstances, and the paternity relationship can also be presumed not to be established.
Legal basis: Article 39 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: Where the father or mother files a lawsuit with the people's court requesting denial of parent-child relationship, and has provided necessary macro and pure evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the people's court may find that the claim of the party denying the parent-child relationship is sustained. Where the parent or adult child files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, and the other party refuses to have a paternity test without evidence to the contrary, the people's court may recognize that the claim of the party confirming paternity is sustained.
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