According to statistics, nearly 1,200 paternity tests are carried out each year in France, against 20,000 tests carried out abroad by French nationals. A huge gap due in part to the French law governing paternity tests, what does it say exactly? When and where can I take a test?
What is the legislation for doing a paternity test?
The procedures relating to paternity tests are governed in France by article 16-11 of the Civil Code. The latter authorizes DNA tests for medical purposes or for scientific research. It is also authorized as part of a paternity test seeking to establish the identity of a deceased person.
On the other hand, the search for paternity for a child can only be done when the child comes into the world. Thus, a paternity test for a fetus is prohibited by applicable law. A birth certificate is also required before the legal realization of a paternity test.
How to do a legal paternity test in France?
The results of a paternity test are only considered legal in France when the test has first received the authorization of a judge and the consent of the two supposed parents. The person requesting the paternity test must first apply to a high court with supporting evidence and testimony. It is only from this application file that a judge can legally authorize him to do the paternity test.
Who to turn to for a regulated DNA test?
Once the applicant receives the approval of the courts, the latter must go to a laboratory accredited by the state. Only results from approved laboratories have any legal value. You can take a look at the comparison of the best DNA tests to make sure you make the right choice.
As for the paternity test itself, it is usually done by blood sample and analysis. This makes it possible to clearly establish the genetic characteristics of each individual concerned in order to make an objective comparison. The laboratory must also follow a precise protocol.
Can we refuse to submit to a legal paternity test?
Proceedings in court for a paternity test application do not automatically compel an alleged parent to submit. The latter has the possibility of providing evidence to demonstrate whether or not he is a parent of the child.
If the judge nevertheless finds this evidence insufficient, the latter will have to submit to a paternity test. A test for which he can always refuse to submit. In this specific case, the judge can decide to take his refusal as an admission of paternity.