Traditional Culture Encyclopedia - Traditional culture - Can not be forced to do DNA paternity testing, what is the legal basis?
Can not be forced to do DNA paternity testing, what is the legal basis?
1, forced to do DNA paternity testing, only suspected of a crime, can be forced, the rest of the situation can not be forced. 2, according to the Marriage Law Interpretation 3, Article 2: a husband and wife to the people's court sued to request confirmation of the non-existence of paternity, and has provided the necessary evidence to prove that the other party does not have the evidence to the contrary and refused to do paternity testing, the people's court can be presumed to request the confirmation of the non-existence of the claim of the party. The people's court may presume that the claim of the party requesting confirmation of the non-existence of paternity is substantiated. If one of the parties sues for confirmation of paternity and provides the necessary evidence to prove it, and the other party refuses to undergo paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting for confirmation of paternity is substantiated. Therefore, the woman in the divorce proceedings do not agree to do paternity testing, the presumption is not biological.
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