Paternity Case

Paternity Case | Izmir Family Lawyer

Establishing kinship, primarily Turkish Civil Code This occurs in many ways according to our legislation. One of these is the establishment of paternity for children born out of wedlock. In children born out of wedlock, the paternity between father and child is established through the father's recognition of the child. In some cases, the father does not acknowledge the child voluntarily because he does not want to take responsibility for it. In this case, the lawsuits filed to determine the father of the child born out of wedlock and for the person alleged to be the father to register the child in the population registry are called paternity lawsuits. In other words, the establishment of paternity is achieved by a court ruling (by the mother or child filing a lawsuit). The lawsuit filed to establish paternity by a court ruling is called a paternity lawsuit. For detailed information on the establishment of paternity, see our article below. from here You can reach us.

What are the requirements for filing a paternity suit?

1. Identifying the mother
   The first requirement set by the Supreme Court for filing a paternity suit is that a blood relationship has been established between the child and the mother.
2. The absence of a blood relationship between the child and another father.
   This means the child has no paternal lineage. If the child is related to another father, a paternity suit must first be filed to sever that connection, and only then can a paternity suit be filed.
3. It has been reported
   Accordingly, the party initiating the paternity suit must report the situation to the Public Prosecutor and the Treasury.
4. Objection that the Mother Was Married
   If the mother is married at the time of conception, a paternity suit can only be brought after a judge has ruled against the husband in that marriage, denying paternity.

Who Can File a Paternity Suit?çcan?

Contrary to popular belief, a paternity suit cannot be initiated by the person claiming to be the father. If the claimant meets the necessary conditions, they can establish the legal relationship with the child through "recognition.".

Those who can file this lawsuit are the mother and the child. The mother and child can file a paternity suit together or separately. A decision in one case does not constitute a final judgment for the other. Similarly, the withdrawal of the lawsuit by either the mother or the child, or reaching a settlement, does not affect the other's right to sue. The child is represented in court by a guardian.

When should a paternity suit be filed?

When asked when a paternity suit should be filed, the answer is that it can be filed before or after the child is born. The mother's right to sue expires one year after the child's birth. However, for the child, the one-year period begins to run from the date the existing legal relationship between the child and another man ceases to exist. If these time limits are exceeded for a justifiable reason, the paternity suit must be filed within one month of the cessation of that justifiable reason.

How Does a Paternity Case End?Will it ring?

In terms of material losses.
Another consequence of a paternity suit is child support. Upon the mother's request, child support may be awarded in favor of the child. Child support payments will cease when the child reaches adulthood. During this period, the child support will continue. Due to the establishment of parentage, the father assumes a responsibility for the child's care. If the judge deems it necessary, they may order a payment to the child even before the conclusion of the trial.

 Finally, the mother's financial rights are also considered. The mother may request, either together with or separately from a paternity suit, that the father or his heirs cover the birth expenses, living expenses for six weeks before and six weeks after the birth, and other expenses necessitated by pregnancy and childbirth. Even if the child is stillborn, the judge may order the payment of these expenses. Payments made to the mother by third parties or social security institutions are deducted from the compensation to the extent of equity.

FatherlySeeking Proof in the Case of kçWhat are they?

In paternity cases, the defendant's paternity can be proven by presumption raised by the mother and refuted by the father's defenses, or it can be directly determined through DNA and blood tests. Since DNA testing is not within the judge's area of expertise, if the judge decides to order such a test in a paternity case, they will be obliged to consult an expert. While DNA testing constitutes discretionary evidence under Article 367 of the Code of Civil Procedure, it must be conducted by an expert. However, the judge must first be convinced of the existence of a sexual relationship between the mother and the defendant alleged to be the father. The main methods used in paternity investigations are as follows:

• Blood groups and paternity research,
• Paternity testing based on body proportions (anthropobiometry),
• Paternity based on facial and body similarities (similarity),
• Medical examination regarding the duration of pregnancy and the maturity of the child born,
• Günümüzde %100’e yakın kesinlik veren DNA testi

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