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That is, the man admits that it is his parent. In general, when a paternity test is required, if one party does not agree to do it, it means that he acknowledges that the child is his biological child. Now the woman asks for a paternity test, and the man does not agree to do it, that is, he admits that the child is his own.
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Give others the feeling that this man will trust his woman more, and maybe this man will feel that if it is true, he is the one who is to blame.
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Paternity testing is divided into prenatal paternity testing and postnatal paternity testing:
Prenatal non-invasive fetal paternity testing is an emerging fetal identification method in recent years, which used to be completed only through invasive procedures, such as extraction of fetal chorion and amniotic fluid, but nowadays, non-invasive DNA testing is also used in prenatal fetal paternity testing. At present, the appropriate detection time for non-invasive fetal paternity testing is 5 weeks to before the baby is born. Testing earlier than 5 weeks of gestation may not meet the requirements due to low fetal DNA concentrations in peripheral blood.
For ethical reasons, we generally do not recommend testing for pregnant women under 5 weeks of gestation.
Postpartum paternity testing is divided into personal privacy paternity testing and judicial paternity testing
Individual paternity tests are not public, but only let the test client know the results themselves. You have the right not to show any documents. You can take the sample yourself and send it to the appraisal center, or you can go directly to the appraisal center and have the staff take the sample, which is an individual appraisal.
The results of the appraisal can be used as the basis for appeal, but cannot be used as evidence in court.
The judicial paternity test is completely open, and the single parent test must be agreed by the client's father and child, (the client's father, mother, and child agree to be the parent testimonial) face to face at the same time, bring all relevant valid documents including ID card, household registration book, etc., and be sampled by the staff of the appraisal center on site, and the lawyer of the appraisal center will testify and issue a certificate on the spot. The results of the appraisal can be used for judicial purposes or as evidence in court.
You can consult Henan Vantage Institute of Science and Technology at any time for identification.
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Preamble: The man wants to give the child a paternity test.
The woman does not have the right to refuse the man's request, considering that the man is the biological father of the child. If it is found that the child is not the man's child after the evaluation, the man has the right to sue the woman, so for young people to consider having children, it is necessary to find out in advance who the biological father of the child is. Otherwise, after the child is born, the two people are really married, which will have a serious impact on the man.
If you have a child with your husband after getting married, it will make your husband suspicious in his heart.
If the man believes that the child is not his own, he has the right to give the child a paternity test. But for the woman, she can't refuse the man's request, because considering that refusing it will only make the man feel more suspicious and think that the child is not his biological child. After doing the appraisal, I was able to find out the innocence of the two people, and at the same time, I also gave the child a mystery of his life experience, so that the child could realize who was his biological father.
Women should take into account that the husband has already doubted the child's life experience, if the woman strongly opposes not allowing the husband to do a paternity test, it will only make the husband more suspicious of the child's life experience in his heart. Instead of letting the husband blindly doubt the child's life experience, it is better to directly solve the financial puzzle and return the woman's innocence by doing a paternity test. If Lao Zhen Fugong made something out of nothing, he would obviously admit his wife's mistakes, but if the suspected thing has become a real thing, the husband and wife may divorce.
It is difficult for any man to accept in marriage that the children born to his wife have no blood relationship with him.
This is for a man to realize that his wife is cuckolding him. Therefore, once it is found that the child is not his biological child, he will consider divorcing his wife, and it is difficult for men to accept being cuckolded by their wives. It will even be laughed at by the world, especially people living in the countryside who are very mindful of cuckolding.
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If the parties are not divorced, both parties have the right to do a paternity test for the child, and the woman has no right to refuse this request. If the parties are divorced and custody of the child rests with the woman, then the woman has the right to refuse this request.
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Of course there is a right. After all, the two are the parents of the child, so the man insists on doing so, and the woman can refuse if she doesn't want to.
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There is a right. After all, the child is also the woman's, so as the mother of the child, she has the right to refuse, and she can also refuse directly.
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Yes, of course, there is a right, because the child is the woman's, and the woman is the guardian, so it can be refused.
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The woman does not have the right to refuse this request, because the man has the right to decide to take a paternity test for himself and his child.
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The rejection of the god Sakura is definitely not protected by the law, because in this case, the man has this obligation, and the woman also has the obligation to cooperate.
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If the woman does not agree to do the paternity test, she can file a lawsuit with the court.
If one party does not agree to do a paternity test, the court will generally not force a paternity test to be made. However, the method of adducing evidence can be used to provide evidence to the court in an empty way, so that the court can make a judgment in its favor. If this is not possible, a child born to the wife during the marriage is presumed to be legitimate.
The results of the "paternity test" should be used as evidence in litigation, but its direct probative effect can only stay at the proof of whether there is a blood relationship, and it is generally proved at the ethical level. In particular, the legal relationship between parents or children between the appraisers cannot be denied solely on the basis of the results of the "paternity test".
Because paternity testing involves a person and cannot be compulsory, a judgment should be made on the basis of the principle of mutual consent, taking into account the applications, evidence, and circumstances of both parties. If one party applies for a paternity test, but the other party refuses to agree without a valid reason, the paternity cannot be confirmed.
Where one of the husband and wife files a lawsuit with the people's court requesting confirmation of the non-existence of the parent-child relationship, and has provided necessary evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the court may presume that the claim of the party requesting confirmation of the non-existence of the parent-child relationship is established. Where one party files a lawsuit requesting confirmation of paternity and provides 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 paternity is established.
Civil Code of the People's Republic of China
Article 1043: Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful to each other, respect each other, and care for each other, and family members should respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. Article 1070 Where there is an objection to the parent-child relationship and there are legitimate reasons, 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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For the woman, she has admitted that she thinks that she will not do it from the woman's standpoint, but for the man, if he thinks that he can't swallow this breath and needs a written proof to make himself feel at ease, then I am afraid he will have to continue to do it.
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If the woman does not deliberately admit that the child is not the man, there is no need to do a paternity test. It is estimated that few women can mistake the child's father.
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Look at what it is for, the general situation is that if you admit it, you don't need to do an appraisal, thank you.
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From a legal point of view, if you go to court, you need to do a paternity test, and you need to get it. Recognition by law.
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Of course you need to, sometimes the woman says that the child is not just the man's, which may be just angry words. Only by really doing DNA identification can we determine whether the child-type Chi Buzi is your own Bu Sui.
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The woman admits that the child is not the man's Whether or not to do a paternity test depends on what the man thinks. If you don't think it's Lu Xin's own from the beginning, you won't do it. If you can't slow down the reality and dispel the ungiving mind, do it.
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This is a bit difficult to say, it depends on whether the woman loves you or not, or whether you make the woman heartbroken, and the woman feels disappointed to say so, it is recommended to do it.
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When a girl takes the initiative to admit her mistakes, you don't need to waste money to make a kind of practical proof. You should keep an eye on the fact that grafting is bad and leave this woman.
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Paternity testing Whether the woman's consent is required depends on the specific situation. Paternity testing is divided into judicial paternity testing and individual paternity testing. The purpose of the personal paternity test is to confirm the identity of the family members and confirm whether the child is biological, and this kind of identification itself is not publicly carried out, so the client has the right not to provide any documents, and the woman's consent is not required.
The judicial paternity test is completely public, and must be agreed by the appraisal client, the father, mother, and child, to be present face-to-face, and to bring relevant valid documents including ID cards, household registration books, etc. The results of the appraisal can be used for judicial purposes or as evidence in court, and the woman's consent is required.
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Where the husband has the right not to have a paternity test, but the woman and her adult children file a lawsuit requesting confirmation of paternity and provide the necessary evidence to prove it, and the man refuses to do a paternity test without evidence to the contrary, the people's court may find that the claim of the party confirming paternity is sustained.
Legal basis] Article 39 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, where the father or mother files a lawsuit with the people's court requesting a denial of the parent-child relationship;
Where necessary evidence has been provided to prove it, and the other party refuses to take a paternity test without evidence to the contrary, the people's court may find that the claim of the party denying paternity is sustained.
Where the father or mother and the adult child file a lawsuit requesting confirmation of paternity and providing necessary 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 party's claim to confirm the paternity is established.
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Preparation for a paternity test.
Personnel preparation: (1) The person to be evaluated shall be composed of a mother and son, a suspicious father or a parent and son, and only those who require a father and son or a mother and son to be evaluated are generally required to explain the reasons for the appraisal; (2) Adult appraised persons shall voluntarily consent to the appraisal, and juveniles over the age of 14 shall appropriately solicit their opinions on the appraisal; (3) The person to be identified should know whether he or his close relatives have a genetic history to provide a reference for identification (easy genetic mutation with a genetic history); (4) It is generally better for the children to be identified to be over half a year old. >>>More