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Should the court grant paternity tests solely based on one party's suspicions?3

  • Time:2021-09-11
  • counter:704
It is assumed that parentage relationship does exist if the other party refuses to take such a test against the court's request.  However, this assumption is only applicable between parents and children as the accuracy rate of DNA identification between parents and children is nearly 100%, which can be directly accepted by the court as the basis for determining parentage. The presumption principle can only be adopted in this case when one party refuses to cooperate where paternity testing cannot be enforced.  The accuracy rate of blood relationship identification between brothers and sisters is only 60%-80%. Therefore, no matter whether the relationship can be identified by testing the other party's brothers or sisters, it cannot be directly used as the basis for determining parent-child relationship due to its uncertainty. Since such testing report is meaningless to the court to identify the parental relationship, the application of the test between the applicant and the other party's relatives should not be granted.
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