Contents
- The search for paternity between a father and a child
- How to initiate an action in search of paternity?
- How quickly is the action possible?
- What evidence should we bring?
- Can genetic tests be requested?
- What are the consequences of a paternity search?
- Are paternity tests for sale on the Internet reliable?
The search for paternity between a father and a child
It makes it possible to establish the filiation between the child and his father. It can be requested when the presumed father of the legitimate or natural child refuses to recognize the child as his or is deceased. In fact, if the child born to married parents has the presumed husband as his father, the child born out of wedlock does not systematically have a declared paternal affiliation. Hence the interest of an action in search of paternity to establish the link.
How to initiate an action in search of paternity?
The paternity action must be taken before the Tribunal de Grande Instance. The action belongs as of right to the child, nevertheless his mother can exercise it during his minority. In all cases, the use of a lawyer is compulsory.
How quickly is the action possible?
The limitation period (after which the action will be impossible) is ten years but it is suspended for the entire minority of the child. It is therefore until the child’s 28 years that one can initiate such a procedure. Please note that this procedure is nevertheless delicate, long and expensive.
What evidence should we bring?
The proof of paternity is reported by all means by the applicant such as letters, testimonies, the existence of intimate relationships during conception. The presumed father is also entitled to all means to prove that his paternity is impossible (sterility, blood test, etc.). In the latter case, the procedure fails.
Can genetic tests be requested?
In many cases, genetic expertise, with DNA testing in particular, may be requested and obtained when the action is admissible. Only a judge can order this test and appoint an expert. This procedure requires the prior written consent of the interested parties. On the other hand, expert opinions on a deceased person are prohibited unless the person had given his consent during his lifetime.
What are the consequences of a paternity search?
If paternity is proven, the father can be ordered to pay damages, alimony and reimbursement of maternity-related costs. Also the filiation will be transcribed in the birth certificate and civil status. The judge also rules on parental authority and inheritance rights open to the child.
Are paternity tests for sale on the Internet reliable?
Many labs sell relatively easy-to-use DNA tests online: just sample a few hairs or saliva using a free swab. Once sent, it is enough to wait two to three weeks for the result to be obtained. All at a cost of between 200 and 400 euros and a reliability of around 99%. However, unlike in Canada and Switzerland, these tests are not legal and are inadmissible in France. Also note that the shipment can be confiscated by customs and that you incur a penalty of one year in prison and a fine of 15 euros (article 000-226 of the penal code).