Family is the legal bond between the child and the parents. It is established by birth, recognition, marriage or a judge's decision. Rejection is also possible.
Establishing Paternity
- Familiality with the mother: Birth (TMK article 282)
- Finality with the father: Presumption of marriage (Art. 285), recognition (Art. 295) or judge's decision (Art. 301)
Paternity Case (TMK article 301)
For a child born out of wedlock, the mother or the child may request paternity to be determined by a judge's decision. Duration: 1 year from birth or the child becoming an adult.
Rejection of Paternity (TMK article 286)
The husband can file a lawsuit within 1 year, claiming that the child born is not his. DNA test is decisive.
DNA Test
The judge may order DNA testing by court decision. Forensic Medicine Institute performs the test. Avoiding the test creates an adverse presumption.
Supreme Court 2nd HD Approach
The 2nd Chamber of the Supreme Court of Appeals accepts that the DNA test has a "99.99% accuracy rate" and can be decisive without the need for other evidence. Unless the party against whom the test result is against can refute it with other evidence, the case ends against him.
Consequences of Paternity
- Child's surname
- Custody
- Alimony obligation
- Right to inheritance
Court in Charge
Family Court.
Familial cases have a lifelong impact; Manage the process with family law lawyer.