At present, the market demand for paternity testing in China is expanding. Folk paternity testing institutions and intermediaries came into being and attracted appraisers at low prices. Because paternity test is a "double-edged sword", while satisfying the husband's right to know, it usually harms the legitimate rights and interests of his wife and children. Compared with the paternity testing institutions designated by the judicial department, the illegal behavior of private paternity testing institutions has also caused many problems.
In this regard, China's laws have made legal provisions on paternity testing, and paternity testing must follow the procedures prescribed by law.
I. Application for paternity test
Because of the identity relationship, in principle, both parties will adopt the principle of voluntariness. However, if there is enough evidence to prove that the defendant is the biological parents of the illegitimate child, and the parents and illegitimate children who live with him are underage, education is needed. If the defendant cannot provide enough evidence to overturn the parent-child relationship and refuses to evaluate it, it is presumed to be a parent-child relationship.
Practical points: paternity test must be based on mutual consent, and the court may not force evidence collection. If both parties agree to the test, they should be allowed to participate. When dealing with such cases, the conclusion of paternity test is one of the evidences of paternity test. It should be corroborated and comprehensively analyzed with other materials in this case. There is evidence that one party refuses to provide evidence without justifiable reasons. If the other party claims that the content of the evidence is unfavorable to the evidence holder, it can be presumed that this claim is established. Identify.
Two. Paternity identification procedure
The physical evidence appraisal center of the Ministry of Public Security, the forensic expert appraisal center of the Beijing Public Security Bureau and the Beijing Blood Center are usually entrusted by notary law, notary offices, law firms and other departments. Private paternity testing should be entrusted to the local judicial department.
Both parties must provide the originals of valid identity documents (passports), birth certificates and other valid documents. The staff of the evaluation unit shall check and verify their identity, make a copy for the record, and then return the original immediately.
Both parties shall fill in the Application Form for Paternity Identification in person, including the basic information of both parties and the reasons for application. If the child is young and can't write, it can be filled in by the parents and confirmed by the child's fingerprint.
The paternity test unit will take photos of the parties and file them. Group photos will be used in the paternity test report.
Collect blood samples from each side, 2-3 ml each; After blood collection, the signature of the blood collector is required, and the fingerprint is confirmed. One party pays the paternity test fee.
After the paternity test unit collects blood samples from both parties, it will generally prepare a paternity test report appraised by experts within three weeks, and then send it to the entrusting unit or the client, and the experts will be responsible for explaining the appraisal results. Evaluation.
Note: The files and evaluation results of all parties will be kept confidential, and no one may disclose or inquire.
3. Steps of paternity test
1. identification steps 1: consultation
Please bring relevant legal documents and identification certificates to our center for the entrusted judicial appraisal that needs to be used as court evidence.
Personal identification (not court evidence, for personal reference only).
2. Identification Step 2: Sampling
Samples that can detect DNA can be oral examination, blood, hair with hair follicles.
3. Identification Step 3: Mail samples and remit money
Write down your contact information on white paper.
Take the sample to the local post office. Make postal remittance at the post office and copy the remittance voucher.
Send samples, personal contact information and a copy of remittance voucher to our center through EMS.
You can call three days after delivery to inquire about the arrival and payment.
Can I have a paternity test on my hair? Hair can be used for paternity testing. But you can't make any hair, you need 3-5 hairs with hair follicles. Generally, hair that falls off has no hair follicles, so it cannot be used as an identification sample. To collect hair samples, you need to extract them directly from the head. Hair has white follicles at all and can be used as a qualified sample.
However, there are several things to note:
1. Send the samples for identification within two weeks after sampling. Of course, it is not impossible for a sample with a long time to do paternity test, because a long time will affect DNA testing and there is no guarantee that it will produce results.
2, hair that falls off spontaneously can be used for paternity testing, but there are often cases where it can't be done. It's best to pull it off your head.
Children who are too young should not use their hair for paternity test. In general, it is not recommended for children under 6 years old to use hair for identification, because children are too young and their hair follicles are underdeveloped, so they may not be able to extract enough DNA.
Paternity test existed in ancient China, but it used to be the theory of blood test. With the development of science and technology, the understanding of blood type, people no longer believe in blood donation, so paternity test appeared. Paternity identification is to use the theories and techniques of forensic medicine, biology and genetics to analyze the genetic characteristics and judge whether the relationship between parents and children is biological from the similarity of morphological structure or physiological function between offspring and parents. It is the main part of forensic material evidence appraisal. Simply put, it is to identify the genetic relationship between parents and children through blood type or DNA testing.
Paternity test: judicial paternity test and personal paternity test. At present, the main means of paternity testing at home and abroad are:
1, blood group detection, that is, genetic polymorphism marker detection of various components in blood. The operation and interpretation results of this inspection method depend on manpower, and the operation is relatively complicated.
2.DNA polymorphism detection: it is the most effective paternity test and individual identification method recognized internationally at present. In addition, the sample can be blood, blood stains, saliva, hair, bones and almost any tissue or organ of the human body.