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Paternity Claim Process

If there is no certificate justifying filiation (family record book, copy) or no proof of possession of paternity status (financial support, education, etc.), a person is entitled to request a DNA test to establish a biological filiation link with the presumed father.

Who can use it?

This action can be initiated by the heirs of a deceased person to "assert their rights" to the succession.

The mother or guardian of a minor child can also file a lawsuit. However, the presumed father is not obliged to give his consent. If he refuses to submit to the paternity test, it is the court that rules on the presumption. It is also up to the judge to decide whether an action is admissible or not.

Validity of a legal action based on a paternity test

The inadmissible actions mainly concern the following cases:

  • Child not viable at birth
  • Child placed for adoption
  • Child from an incestuous relationship
  • Child from an assisted reproductive technology with a third-party egg or sperm donor

In these cases mentioned above, filiation cannot be established between parent and child.

To proceed, you must use a legal DNA test. Indeed, with a home test, laboratories have no way to verify the identity of individuals accurately. For a legal test, samples must be taken in a specialized laboratory in the presence of a bailiff and by order of the judge.

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