What does the law say about paternity testing?

Article 2 of the Interpretation (III) of the Marriage Law stipulates that if one of the husband and wife files a lawsuit with the people's court requesting confirmation of the non-existence of paternity and has provided necessary evidence to prove it, but the other party refuses to take a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of paternity is established.

Interpretation (III) of the Marriage Law makes "paternity testing" legally recognized, "that is to say, when dealing with disputes related to paternity, if the evidence provided by one party can form a reasonable chain of evidence to prove that there may or may not be a parent-child relationship between the parties, and the other party has no evidence to the contrary and resolutely disagrees to do a paternity test, the court may presume that the claim of the party requesting denial of paternity or requesting confirmation of paternity is established." ”

Apply theories and techniques from medicine, biology, and genetics to determine whether a controversial parent has a biological relationship with a child. A paternity test is also known as a paternity test or a paternity test.

Paternity testing is a process of human genetic analysis and modern DNA testing techniques to determine whether parents and children are related. It can provide proof of parent, child relationship identification, sibling identification, cousin identification, maternal grandparents and grandchildren, and family close and distant relatives identification.

Paternity tests are divided into forensic and personal tests. The so-called personal test is a DNA paternity test conducted in a non-judicial situation and with full respect for the privacy of the appraiser. The term "judicial appraisal" refers to the activities in which in the course of litigation, in order to ascertain the facts of a case, the people's courts, on the basis of their authority, or at the request of the parties and other litigation participants, appoint or entrust persons with specialized knowledge to conduct inspections, identifications, and assessments of specialized issues.

According to the provisions of Chinese law, citizens are not required to disclose their personal identity when conducting personal identification at a legal institution. The request of individual citizens for paternity testing and the act of participating in paternity testing are private and protected by law. When individuals participate in the appraisal, sampling may be carried out in a private place without the presence of a notary public.

The mailing of DNA samples and the feedback of the results can be carried out in a highly confidential manner. However, the results of the personal appraisal are not legally recognized, and the court will not admit such evidence.

The Reply of the Supreme People's Court on the Issue of Whether the People's Court Can Use Human Leukocyte Antigen for Paternity Testing in Trial Work is a serious task in view of the fact that paternity testing is related to the personal and property relations of husband and wife, children and others. Therefore, in cases where paternity testing is requested, it should be handled cautiously based on the protection of the legitimate rights and interests of women and children, the promotion of unity, and the prevention of the intensification of contradictions. Where both parties agree to a paternity test, it should generally be granted; Where one party requests a paternity test, or if the child is over three years old, it shall be strictly controlled according to the specific circumstances; Where paternity testing is necessary, it is also necessary to do a good job of ideological work for the parties concerned and relevant personnel.

People's courts should conduct investigation and research on the confirmation of parent-child relationships, and do their best to collect other evidence. The conclusion of the paternity test is only used as one of the evidence to identify the parent-child relationship, and must be corroborated with other evidence, comprehensively analyzed, and a correct judgment be made. ”‍

The new interpretation of the Marriage Law stipulates that if one of the husband and wife files a lawsuit with the people's court to confirm the non-existence of paternity and has provided necessary evidence to prove it, but the other party refuses to take a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of paternity is established. In other words, when dealing with disputes related to paternity, if the evidence provided by one party can form a reasonable chain of evidence to prove that there may or may not be a parent-child relationship between the parties, and the other party has no evidence to the contrary and firmly disagrees to do a paternity test, the court can handle it in accordance with the provisions of Article 75 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, which came into effect on April 1, 2002. That is, it can be presumed that the claim of the party requesting denial of paternity or the party requesting confirmation of paternity is established, and the party who does not cooperate with the court in conducting the paternity test will bear the legal consequences of losing the lawsuit. ‍‍

The legal provisions on paternity testing are as follows:

1. If one party requests a paternity test, it shall provide evidence to prove it, and after providing evidence, if the other party refuses to do a paternity test without evidence to the contrary, then the party applying for the application shall be established. If the personal appraisal is denied, evidence is also required. The cost of the paternity test is borne by the proposer;

2. Where one of the husband and wife files a lawsuit with the people's court requesting confirmation of the non-existence of paternity, and has provided necessary evidence to prove it, and the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of paternity is established. That is to say, when dealing with disputes related to paternity, if the evidence provided by one party can form a reasonable chain of evidence to prove that there may or may not be a parent-child relationship between the parties involved, and the other party has no evidence to the contrary and resolutely disagrees to do the identification of paternity, the court may presume that the claim of the party requesting denial of paternity or requesting confirmation of paternity is 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.

Article 1074.

Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Legal Analysis: No legal effect. If it needs to have legal effect, it is necessary to do a judicial paternity test, which can be used for judicial purposes or as evidence in court.

Legal basis: Article 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 with 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 in the people's court to request confirmation of the parent-child relationship.

Judicial paternity testing is indeed valid and legally valid. If it is a private paternity test, it may not have the force of law and cannot be used as evidence in court. The legal validity of a paternity test depends on the agency that does it.

Let's take a look at whether the paternity test has legal validity?

1) The results of paternity tests made by legally qualified appraisal bodies are valid.

It is permissible for both husband and wife to do paternity tests in private, and Fafeng Quarrel Law recognizes the certificate issued by a medical institution that is qualified for paternity testing. However, if it is a unilateral appraisal, it is easy for the other party to challenge and overturn it after it is submitted to the court as evidence.

2) Appraisal conclusions issued by the husband and wife's voluntary and qualified institutions may be used as supporting evidence for determining the parent-child relationship.

The consent of the parties must be a requirement for paternity testing, and the court may not compel the collection of evidence. If both parties agree to do the appraisal, it should be granted. In handling such cases, the conclusion of the paternity test should be used as evidence to identify the paternity.

Coincidentally, it should be corroborated with other materials in the case, comprehensively analyzed, and a correct judgment should be made. If the parties insist on refusing to conduct an appraisal, they may make a determination of whether there is a parent-child relationship based on other evidence and the facts of the case in accordance with the provisions of the Several Provisions on Evidence in Civil Proceedings, which stipulates that "if there is evidence to prove that one party has evidence and refuses to provide it without justifiable reasons, and if the other party claims that the content of the evidence is unfavorable to the holder of the evidence, it may be presumed that the claim is established".

3) The conclusion of the paternity test made by a unilateral commissioned private institution is invalid.

Courts generally hold that without the approval of the relevant departments, if an individual goes to a private institution for an appraisal, the paternity test results have no legal effect. If the judicial process really requires a paternity test, it should also be done at an institution designated by the judicial authority.

First Condition] The party who claims to confirm or deny the paternity shall submit an application for evaluation.

According to the rules of evidence in civil procedure, the party making the claim shall present evidence, but in order to ensure the reliability of the paternity test conclusion, the court often entrusts a statutory appraisal agency to conduct the appraisal for the party during the course of the litigation, but the court, as a neutral, cannot take the initiative to collect evidence favorable to one party for either party, so if the party does not apply for a paternity test, the court does not conduct the appraisal ex officio.

Necessary conditions] The person being evaluated agrees to the evaluation.

On the one hand, the Civil Procedure Law cannot compel a party who is unwilling to conduct a paternity test, and on the other hand, a party to the litigation has no obligation to assist the other party in obtaining evidence unfavorable to itself. If the person being evaluated does not agree to the paternity test, the court, as a neutral adjudicator, should not make a decision in favor of any party, but in order to ascertain the facts and settle the dispute, it may persuade the person to be evaluated who refuses to take the paternity test, and if the court still refuses to do so after the court has tried its best to persuade him, the court cannot force the test.

Yes, I also need to remind everyone that you should be sensible about the paternity test results and properly handle the family relationship to minimize the harm to the child.

Whether a paternity test is legally valid depends on what kind of paternity test you have.

Judicial paternity testing has legal effect and can be used to fight lawsuits, register for household registration, etc. To do a judicial paternity test, the person being evaluated needs to arrive at the scene with a valid identity document, and the forensic doctor will take samples to slow down the respect.

The personal paternity test does not have the legal effect of disturbing the lead, it does not require an identity document, and it can also be sampled by itself.