Denial Of Paternity – What Is Recognition And Paternity Case?
WHAT IS DENIAL OF PATERNITY – RECOGNITION AND PATERNITY CASE?
Denial of paternity and paternity lawsuit are regulated in the Turkish Civil Code. Genealogy can be defined as the blood relation of the father. According to the relevant article of the law, the husband can refute the presumption of paternity by applying for the denial of paternity. In this respect, the husband may file a lawsuit for denial of paternity against the mother and the child. Similarly, it is possible for the children to file a lawsuit for denial of paternity against their parents for the same reasons. According to our laws, paternity is defined as the husband being the father of the children born during the marriage or within three hundred days following the dissolution of the marriage. In cases requiring the establishment of the presumption of paternity, these lawsuits can be filed.
Denial of paternity and recognition cases depend on fundamentally different conditions. A paternity lawsuit can be filed after the completion of the burden of proof required for the existence of a legal bond between the child and the father. The parties to the action for denial of paternity, recognition and paternity are the father, the child and the mother. In addition to these persons, legal representatives can also be counted.
WHAT IS THE LAWSUIT FOR DENIAL OF PATERNITY?
Regulations on the lawsuit for the correction of paternity or denial of paternity are regulated within the scope of the Turkish Civil Code No. 4721. A lawsuit for denial of paternity can be filed by the father or the child in order to reduce and refute the presumption of paternity. Proof of denial of paternity:
Conception within marriage: For children conceived within marriage, the plaintiff must prove that he is not the father. A child born before marriage and within 300 days after the dissolution of marriage is considered to have been conceived within marriage.
Conception before marriage and in cases of separation: In cases of separation and before marriage, the plaintiff is not required to provide evidence. However, if there is convincing evidence of sexual intercourse during the period of conception, a presumption of paternity arises.
If the burden of proof for the denial of paternity is met, the court may decide that there is no presumption of paternity after the necessary examinations. The most important proof mechanism in the case of denial of paternity is the DNA test. The court decides by conducting a DNA examination between the child and the father. In this way, it is possible for people to deny the paternity.
WHAT ARE THE NECESSARY CONDITIONS FOR THE DENIAL OF PATERNITY?
In the case of denial of paternity, DNA test etc. evidence may need to be applied. If the necessary conditions for the filing of a lawsuit for denial of paternity are met, the father files this lawsuit against the child and the mother. If the lawsuit is filed by the child, the lawsuit will be directed against the mother and the person registered as the father in the population. Cases listed in the laws for the denial of paternity:
Conception of a child within marriage,
Proof of the impossibility of sexual intercourse,
Proving the absence of a causal link,
Separation and conception of the child before marriage, etc.
These are defined as Persons who file a lawsuit to refute the presumption of paternity may need to prove these elements to the court. If the necessary conditions do not occur, the lawsuit in question cannot be filed. If filed, it is rejected. According to our laws, it is not possible to make a unilateral declaration of will or to reach this decision by agreement for the denial of paternity. Therefore, it is necessary to go to court. The fact that the person in the defendant position accepts the case does not bind the judge in the proceedings. The family court judge collects the necessary evidence ex officio and decides according to the result.
WHO CAN FILE A LAWSUIT FOR DENIAL OF PATERNITY?
The parties to the lawsuit for denial of paternity can be evaluated under two different headings as the plaintiff and the defendant. The plaintiff party for the denial of paternity is generally known as the person registered as the father in the population. However, it is possible for children to file this lawsuit under Article 286 of the Turkish Civil Code. According to this article
Plaintiff in the case of denial of paternity: the person registered as the father in the population and the child,
Defendant in the case of denial of paternity: mother – child, mother – person registered as father in the civil registry,
It has been determined as In any case, the mother shall be the defendant. A lawsuit is foreseen against the mother by the child or the person registered as the father in the civil registry. In the case of denial of paternity, if the child is under the age of 18, a trustee is appointed for the child to be represented in the case and this trustee conducts the case for the child during the litigation process. Denial of paternity is among the most fundamental elements of inheritance cases. It is possible for a person to file a lawsuit against his/her children whom he/she suspects to be his/her own children.
WHAT ARE THE PRESCRIPTION PERIODS IN THE DENIAL OF PATERNITY?
In the case of denial of paternity, the prescription period is also determined within the scope of the Turkish Civil Code. It is extremely important to follow the prescription periods before filing a lawsuit for the denial of paternity. Accordingly, the legal prescription periods determined for the lawsuit:
The husband must file a lawsuit within 1 year from the date he learnt that the pregnancy occurred during sexual intercourse with another man.
The child must file a lawsuit within 1 year at the latest from the date he/she becomes an adult.
In case of delay due to a just cause, the 1-year period starts to run on the date when the said cause disappears.
As can be seen, the basic prescription period determined in the law for the lawsuit for the denial of paternity is determined as 1 year. It is possible for the person to file a lawsuit for the denial of paternity before the competent and responsible court within 1 year at the latest following the date of the occurrence of the elements subject to the lawsuit.
WHICH IS THE COMPETENT AND COMPETENT COURT IN THE CASE OF DENIAL OF PATERNITY?
The competent court for the denial of paternity is the Family Court. In places where there is no family court, the Civil Court of First Instance, as the Family Court, hears the case of denial of paternity. The court competent to hear the case of denial of paternity:
Court of the settlement where the plaintiff or the defendant is located,
The court of the place of birth of the child
It is determined as follows. In the event that a lawsuit is filed in a court other than the competent court, a decision of non-jurisdiction shall be made upon the objections of the parties or ex officio by the court.
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