Insights

Ningbo suspects that the child is not his own. Can he sue for confirmation?

Ningbo Author：LuXu WANG

The most difficult doubts in the family are often about the blood of the child. The law gives a formal channel: the complaint of paternity objection. It is not a procedure that can be started by speculation. It needs necessary evidence and knows whether it is confirmation or denial. The threshold and consequences of the two are different.

What is the legal name of 1.?

The Civil Code stipulates that if there is any objection to the parent-child relationship and there are justifiable reasons, the father or mother may bring a lawsuit to the people's court to request confirmation or denial of the parent-child relationship; adult children may also request confirmation of the parent-child relationship. Such cases are collectively referred to as parent-child relationship objection claims, which belong to identity relationship litigation.

Not an incidental item to a family dispute

it is an independent claim that can be filed separately or intertwined with divorce and alimony disputes. In practice, it is recommended to clarify the identity issue separately and avoid mixing with property disputes, otherwise the dispute points are scattered and the trial cycle will be significantly lengthened.

2. who is eligible to bring

A lawsuit denying the parent-child relationship can only be filed by the father or mother, and the child himself cannot file a lawsuit denying the parent-child relationship; a lawsuit confirming the parent-child relationship can be filed by the father, mother and adult children. If the subject qualification is wrong, the case will be blocked back at the stage of filing the case.

Special treatment of minor children

if minors are involved, the court will focus on examining their interests and will not easily shake the existing identity relationship because of the emotional suspicion of one party. If the relationship has been stable for a long time, the court tends to be more cautious, which is also the reason why such cases are relatively conservative.

What is 3. necessary evidence?

The law requires the necessary evidence, not a definitive conclusion. Common include apparent contradictions between the time of birth and the time of living together, medical blood type or genetic doubts, self-identification by one party in written materials or chat records, and proof of residence during long-term separation. Prosecution based solely on subjective speculation or other people's rumors usually does not stand.

FIXED WRITTEN MATERIALS FIRTING

birth medical certificate, prenatal examination and medical records, and communication between the two parties should be kept in advance, and chat records should be preserved simultaneously. When you enter the lawsuit and look back, you will often have been deleted or lost, and then you will not be able to cross the threshold of necessary evidence. According to Yinzhou Court's White Paper on the Trial of Marriage and Family Cases (2019-2021), WeChat and other electronic evidence has many defects in proof and is difficult to accept. The self-confessed content in chat records must be kept in the original carrier and notarized.

How to do 4. appraisal, how long will it take and how much will it cost?

The paternity test is carried out by a qualified judicial appraisal institution entrusted by the court. Oral swabs or blood samples are usually collected, and the appraised person is required to be present and verify his identity. It must be judicial appraisal for litigation, and the personal privacy appraisal of online mailing samples cannot be directly used as the basis for finalization.

Roughly Range of Cycle and Cost

routine paternity test report generally takes 15 to 30 days, the cost is mostly in the range of 3000 yuan to 5000 yuan, urgent will be higher. The cost is usually paid in advance by the applicant, and the burden is finally determined by the court on the basis of the conclusion of the appraisal and the liability.

What 5. the other party refuses to identify?

If one party provides the necessary evidence to prove it, and the other party refuses to make a paternity test without evidence to the contrary, the court may presume that the claim is established. In other words, refusing to cooperate may bring adverse consequences in itself, rather than a universal shield. However, this presumption presupposes that the author has first completed the proof of the necessary evidence.

6. Confirmation and Denial

the direction of the two types of claims is completely opposite: the confirmation of the claim is that there is a parent-child relationship, the father, the mother and the adult children can be brought. The claim must state whether it is a request for confirmation or denial, and may be rejected in reverse or in general terms.

Wrong request will be rejected

the complaint should clearly state the request to confirm or deny the existence of a parent-child relationship between the plaintiff and someone, and attach a list of necessary evidence. If the request is not clear, the court will ask for correction and delay for a month or two in vain.

7. case proof

in practice, if the man submits materials that clearly contradict the time of childbirth and the time of living together and applies for appraisal, and the other party has no evidence to the contrary and refuses to cooperate, the court may presume that the claim is established and adjust the alimony payment arrangement accordingly.

In practice, the parties only based on neighborhood rumors to sue to deny the paternity, did not submit any necessary evidence, the court found that did not reach the threshold of initiation, the decision rejected their claims.

In practice, both parties agree to identify and the court entrusts a qualified institution to issue a report. Generally, the results will be issued from 15 to 30 days and the cost will be several thousand yuan (subject to the actual quotation of the appraisal institution). If the conclusion confirms the existence of parent-child relationship, the court will order the biological father to pay maintenance on a monthly basis. According to the public divorce case of Meishan Court of Beilun District Court (Zhejiang Rule of Law News 2021-10-13), when the husband remarried and gave birth to two children with others, the court decided to compensate 150000 yuan financially and supported compensation for damages of 50000 yuan. The second instance of Ningbo Intermediate People's Court upheld the dispute over the identity of children born outside marriage. Ningbo Court strictly examined it on the basis of conclusive evidence, which is consistent with the proof requirement of denying parent-child relationship in this case.

8. Risk Alert

  • he rashly prosecuted on suspicion alone, even the threshold of necessary evidence cannot be crossed.
  • The child himself has no right to file a denial of the right subject of the wrong denial.
  • Key communication records were not fixed in time and have been deleted after entering litigation.
  • The misconception that a refusal to identify has no consequences may actually be directly presumed.
  • Self-mailed samples for personal identification, the conclusion cannot be directly used as the basis for the final decision.
  • Mix identity claims with property disputes, and spread the dispute over a long period of time.

9. FAQ

can I sue if I have doubts about paternity?

Yes, but it must be justified and the necessary evidence must be provided, and mere speculation or rumor is not sufficient to initiate proceedings.

Can the children themselves file a denial?

Can't. The lawsuit of denial is limited to the father or mother, and the adult child can only bring the lawsuit of confirmation.

The other side won't do identification anyway?

If the proposing party has provided the necessary evidence and the other party refuses to make an appraisal without evidence to the contrary, the court may presume that the claim is established.

How long does the paternity test take and how much does it cost?

Judicial appraisal is generally reported from 15 to 30 days, and the cost is mostly from 3000 yuan to 5000 yuan, which is entrusted by the court to a qualified institution.

Practical Experience of 10. Lawyers

doubts about the child's blood relationship are the most difficult thing in the family, but the law does give a formal channel-the complaint of parent-child relationship objection. It is not a procedure that can be started by speculation. The party claiming the claim needs to provide "necessary evidence" and justifiable reasons before the court can accept and proceed. Moreover, we must first think clearly whether we want to "confirm" or "deny". The threshold and consequences of these two types of requests are different: the lawsuit of denying parent-child relationship can only be filed by the father or mother, while the lawsuit of confirmation can be filed by the father, mother and adult children. If the subject qualification is wrong, the case will be blocked back at the stage of filing the case, which will be in vain.

Identification is the core link of such cases, but the procedure is exquisite. The court will not directly arrange the appraisal just because you have a doubt. It usually depends on whether there is preliminary evidence and whether there is a valid reason; if the other party refuses the appraisal without a valid reason, it will bear the corresponding adverse consequences. Therefore, in the preparation stage, we should sort out the materials that can support the doubt as much as possible, so as to have evidence to follow, rather than relying on emotion. At the same time, it should be understood that once the appraisal is started and the conclusion comes out, it will not only affect alimony or property, but may also completely change the family relationship and the situation of the children. Therefore, it is more important for the parties to think clearly than anything else.

In terms of procedural arrangements, it is suggested that the identity issue be sorted out separately. Although it can be intertwined with divorce and alimony disputes, it is proposed independently and tried separately, with more concentrated points and more controllable trial cycle. If it is mixed with property disputes, the case will easily be prolonged as soon as the emotions of both parties rise. Risk warning is also essential: this kind of litigation has a great psychological impact on children. Before starting, we should repeatedly weigh whether it is necessary and whether there is a more moderate solution. Finally, no matter what the result is, we must make arrangements for the child's subsequent life-confirming or denying the relationship determines the legal rights and obligations, and the child's growth needs stability and not being hurt.