Home » Legal news » Better understand the paternity test

Better understand the paternity test

Better understand the paternity test

Besides infidelity, as well as divorce online, the paternity test is a more or less taboo subject, but perfectly adopted by society. It can actually have significant impacts on family life. However, it is generally essential to remove any doubts that may remain. In which case should a paternity test be used and how does it work?

A method adapted to various situations

A family or an individual may request a paternity test for various reasons.

In general, the realization of a paternity test is dictated by an acknowledgment or a contestation of paternity. If the test is conclusive, the child and the father can enjoy their respective rights.

Then, the paternity test is essential in the context of identifying a child. This situation concerns a long year of disappearance or separation. It is not uncommon for a paternity test to be carried out to allow family reunification. The test is also recommended during a simple adoption. It is a means of protection for the adoptive family. Indeed, the adoption of a child whose parentage she does not know exposes her to legal proceedings.

Finally, carrying out a test is the best alternative to remove doubt about the father of a child. Often it is the woman who has had sex with several men over a period of time who resorts to this technique. The test can be performed during pregnancy, but it is also allowed to be performed when the baby is born. Performed prenatally, the test can be applied from the second month of pregnancy. The interested party can opt for a blood test or favor a test using amniotic fluid.

How does it works?

A paternity test aims to prove the link between a child and its procreator. In practice, the test can be carried out through 2 different techniques. The first consists of a blood comparison test. The second results in recognition by genetic fingerprints commonly called DNA testing. This option generally uses saliva in establishing the relationship. It is best known for the reliability of the results it offers.

Concretely, the presence of the father and the child is obligatory to carry out a paternity test. However, it is possible to carry out the test with an individual having a very close family link with the father in the event that the latter is absent.

Legal framework for paternity testing

In France, only the court can request that a paternity test be carried out. The decision is rendered by a magistrate of the tribunal de grande instance after solicitation of a lawyer. Anyone requesting a paternity test privately is subject to legal action. According to French law, only specially approved experts in the field are authorized to carry out a paternity test and under the solicitation of the court.

If the paternity test proves the relationship between the father and the child, it gives rise to numerous legal consequences. Indeed, the father will thus exercise his parental rights. As for the child, the law authorizes him to bear his father's name and thus be among his heirs in the event that he is born out of wedlock.

★ ★ ★ ★ ★

Also read

Leave comments

Your email address will not be published.