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Navigating the Paternity Claim Procedure

Without official documentation to prove a familial relationship (such as a family record book or evidence of paternity through financial support or upbringing), an individual is entitled to seek a DNA test to establish a biological connection with the presumed father.

Eligibility for Filing a Paternity Claim

Such claims can be pursued by the descendants of a deceased individual to "claim their inheritance rights." Additionally, the mother or legal guardian of an underage child may initiate this process. It's important to note that the alleged father's consent is not mandatory. Should he decline to undergo a DNA test, the decision to presume paternity rests with the court, which also determines the admissibility of the claim.

Criteria for Legal Action on Paternity Tests

Certain circumstances render legal actions based on paternity tests inadmissible, including:

  • A non-viable child at birth
  • A child placed for adoption
  • A child conceived through an incestuous relationship
  • A child born from assisted reproductive technologies involving third-party egg or sperm donation

In the scenarios mentioned above, establishing filiation between the parent and child is not possible.

For a paternity claim to proceed legally, a formal DNA test is required. Home DNA tests do not provide the necessary legal veracity since laboratories cannot verify the identity of the participants accurately. Legal DNA testing must be conducted in a certified laboratory under the supervision of a bailiff and by judicial directive.

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