How to file a paternity suit?
Speaking English Lawyer in Turkey-İzmir
Turkish family law is governed by the Turkish Civil Code and aims to protect the extended family. As a lawyer of family law, we would like to point out that we have been working intensively in this field.
We provide advocacy and consultancy services in disputes and cases such as paternity cases, rejection of paternity, recognizing a common child and establishing paternity, paternity suits and adoption.
For this reason, we have compiled the most frequently asked topics for you. “ how to file a paternity suit, paternity suit filed by father, paternity test after birth, paternity test at hospital, paternity test accuracy, what is a paternity suit, paternity test before birth, paternity test DNA ”
1-Establishment of Lineage in General:
1. The lineage between the child and the mother is established by birth.
2. The lineage between the child and the father is established by marriage with the mother, by recognition or by the judgment of a judge.
3. Lineage, can also be established through adoption.
2-What is a Paternity Suit?
In the event that the father is not willing to recognize the child and ignore the child’s interests, the recognition can be made in the court through paternity suit.
The judgment delivered by the court at the end of paternity suit is regarded as the paternity provision. Thus, the genetic father turns into legal father.
3-How to file a Paternity Suit?
Mother and the child may request the court to determine the paternity between the father and the child. The lawsuit is filed against the father, if the father is dead, against his heirs.
4-PROVING PATERNITY IN PATERNITY SUIT
In paternity suit, paternity should be identified by the court. The court triesto find out whether the mother has a sexual intercourse with the party who is claimed to be the father and whether the child is born out of this intercourse.
Presumption of Paternity:
The claimant can establish its claim, relying on the presumption of paternity set out in Article 302 of the Turkish Civil Code. This article stipulates that if it is proved that the mother has a sexual intercourse with the respondent between 300 -180 days before the birth; it is deemed as the presumption for paternity.
The respondent can rebut this presumption by proving the impossibility of his paternity or the higher likelihood of paternity of a third party than him.
Paternity Test DNA - Paternity Test Accuracy
By means of developments in science and technology today, the paternity presumption can be easily rebutted. With new methods today, it can be proved with 99 % certainty that the respondent is the father of the child. In this regard, the court will identify paternity using DNA tests and other investigations and examinations , which will not put the respondent and the child in danger.
5-WHAT IS THE STATUTE OF LIMITATIONS FOR BRINGING PATERNITY SUIT?
Paternity test before birth
Paternity test after birth
A paternity suit can be filed before or after the birth of the child. Mothers right to sue expires after one year from birth. If there is a paternity relationship between the child and another man, the one-year period begins to function on the date of its disappearance.
In order to avoid loss of rights or loss of time, we recommend that you seek legal advice from a lawyer specialized in citizenship law, foreigners law and family law. You can contact us for paternity suit.
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