Do you know how the paternity suit works? The implementation of this claim before the Courts has as its objective to determine the filiation of a father with respect to his son. We talk in more detail about it in the next lines.
Claims for Paternity suit
There are many occasions in which the parents themselves do not want to legally recognize their children, for which, the mother must go to a civil judicial procedure to achieve recognition of paternity.
The claim for paternity action can be exercised by the child throughout his life, considering that during his minority it will be carried out by his legal representative (such as the mother) or by the Finance Ministry. To put it into practice you need to have a lawyer or a solicitor.
The demand for paternity must be accompanied by evidence, such as photographs, witnesses or letters, in order to prove the existence of sexual relations between the mother and the alleged father at the conception stage. At this time, this type of recognition is usually configured through DNA testing or also known as criminological.
What is needed for a paternity suit?
The law determines, as specified in previous lines, that only the paternity suit will be recognized if it is accompanied by the principle of proof of the facts on which this claim is based. The court may decree the number of evidence that it deems appropriate.
Even if direct evidence is not available, filiation could be declared in cases such as, for example, express or tacit recognition, state possession, coexistence with the mother at the time of conception. The Court cannot be bound by the agreement of both parties.
The biological test is perfectly admitted in the paternity claim processes to verify the truth of the claim. DNA testing is usual, being useful any type of biological trace as saliva, roots of hair, teeth or semen.
Except in the case of having a twin brother, the genetic profile makes it possible to identify each person individually. However, it is possible that the defendant refuses to take the test, something that the Court will take into account when making a decision.
The Court may also agree provisional maintenance at the expense of the defendant and adopt the measurements that are considered to be appropriate. In these cases of paternity suit, the search, the transaction or the resignation do not take place.
To process the claim, oral hearing will be used. It will be the Judicial Secretary who will transfer the application to the Public Prosecutor and to the persons who are involved in the same procedure, citing them with a maximum period of 20 days. When the time comes, the Court will allow both parties to declare their own conclusions.
The courts may also decide, by order or on the request of a party, that these acts and visits may be held behind closed doors.
Ask for the paternity test
The procedure to request a paternity test begins by approaching the genetics center or the laboratory closest to your residence. They will take care of all the paperwork. In these centers are carried out both paternity tests as brotherhood, prenatal, deceased, twin or genetic reconstruction.
The paternity claim test consists of a marking analysis between the two genetic chains. Logically, the more markers are analyzed, the more reliable the test can be.
The diagnosis made by the DNA test, reaches a high reliability, both in the case that paternity is ruled out and when it was positively demonstrated.
The necessary samples that you must take to, for example, clinical analysis laboratories, offices or collegiate professional centers, are of saliva or blood.
And you; have you made the demand for paternity? How was the experience?