TMK art.282-296: Establishing paternity with the child's father.
Ways to Establish Paternity
- Birth within marriage (automatic paternity)
- Recognition (father declares that it is his own child)
- Paternity case (court decision)
Paternity Case
- Family in court
- The mother or the child files it
- 1 year from the date of birth, 1 year after the age of 18 for the child
- DNA test is required (reason for rejection)
DNA Test
- The Forensic Medicine Institute performs it
- Identifies the father with 99%+ accuracy
- The person who refuses loses the case
Family Consequences
- Child takes the father's surname
- Becomes the father's heir
- Father pays alimony
- Custody (father may request)
Recognition
- Father declares that it is his own child
- Notary or civil registry office
- Mother's approval (if the child is minor)
- Withdrawal is limited (TMK) m.297-298)
Supreme Court 2. HD
2. HD adopts that "DNA test is definitive evidence" in paternity cases and that it takes precedence over all other evidence.
Family law lawyer is recommended.