What Is The Denial Of Paternity Case?

What Is The Denial Of Paternity Case?

WHAT IS THE CASE OF DENIAL OF PATERNITY?

Regulations on the lawsuit for the correction of paternity or the 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 reject the paternity.

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