When to Proceed with a Legal Paternity Test?
The law outlines and acknowledges the right of individuals to conduct a paternity test under specific circumstances:
- "Paternity acknowledgment" (action initiated by the father wanting to recognize his son or daughter) to establish a filiation link.
- "Paternity contestation" (action initiated by the presumed father to dispute a child's paternity) to refute it and, for example, avoid paying child support.
- Paternity search (action initiated by the child or the child's legal guardian) for obtaining financial support or inheritance from a deceased father.
- Identification of deceased individuals.
- "Genetic fingerprinting" within the context of a police investigation or judicial inquiry.
Alternatively, nothing prevents you from conducting a discreet test to confirm the results or simply to avoid the embarrassment in case of unproven paternity. It also serves as a way to verify results before undergoing legal tests.
How to proceed in 3 steps
- Sampling and processing must be done only in an accredited analysis laboratory: compliance with ISO standards as well as the involvement of specialized technicians is necessary.
- Sampling must also be done in the presence of an officer who certifies the identity of the participants and issues a certificate.
- Sampling is done on a court order: this legal formality involves monitoring the samples during collection and while at the lab to prevent risks of tampering.
The ongoing procedure and the judicial order only authorize the paternity test, but the presumed father is not obligated to submit to it. He must give his consent in writing. In case of refusal, he must present himself before the judge and provide legal evidence to justify his refusal.
