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August 15, 2022

Paternity tests: what the law says

In France, only an investigating judge can decide whether or not to make a paternity test in order to establish or contest a filiation relationship. Because the result has concrete legal consequences, such as changing the name of family, the obligation of alimony, parental authority ... Unfortunately, the procedure is long and expensive. It takes an average of five years to get the judgment and spend up to 10,000 euros.
It is to avoid these many obstacles that fathers decide each year to go through foreign laboratories to verify their paternity. But this practice is illegal. Moreover, the results obtained have no legal value in our country. On the one hand because it does not guarantee the reliability of the tests carried out, on the other hand because it requires the consent of the person on whom the sample is taken. Even if the father has the right to refuse the test, the law provides that the judge can draw all the consequences.
 
What are the risks ?
 
An offender who prefers to go to a foreign laboratory is liable to one year's imprisonment and a fine of 1500 euros.
Applying for a paternity test legally may allow a woman to win a child support case or a man to be given parental authority. On the other hand, it ensures the reliability of the test and results. Admittedly, the judicial procedure is longer and more expensive but this practice is more framed and above all very useful in case of disagreement between the parties.

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