An anonymous paternity test, determination of maternity based on DNA results, what does the examination of establishing the relationship of brothers and sisters look like, when can it be taken, how is it done?

In practice, quite often there are situations when a mother cannot say with maximum accuracy who the father of her child is. As you know, today for a definite answer it is enough to undergo DNA testing. The reliability of the results of such an analysis is 99%.

Despite the popularity of this test, not all parents have the opportunity to undergo genetic testing. Fortunately, there are other ways to find out accurate paternity information. The following will list the main ways to determine paternity without DNA testing.

General information

The relationship between a child's parents can be complex, so paternity recognition is often required. For example, if he was not born in wedlock, then a man can either recognize him as his own or not. But even if the parents are officially married and the woman registered the child with her husband, there is a possibility that the husband will challenge this fact.

According to the law, recognition (or denial) of paternity is carried out in two ways:

voluntarily (at the registry office, etc.);
through the court.

The baby's parents can go to court to find out whether the man is his father. But courts usually use a DNA test, which makes it almost guaranteed to confirm or refute the fact of relationship. Of course, you can do without a genetic examination in court, but if it is ordered, you cannot refuse it.

In general, determining paternity is necessary not only so that a man can undoubtedly consider the child his own. According to the law, with the birth of a newborn, parental rights arise. And this means that you need to support and raise the child.

Even if the parents are not married, the father is obliged to provide financial assistance. The child's mother has the right to collect child support from him. This is why various methods of determining paternity are most often used.

In what cases is the procedure required?

To establish paternity, it is necessary to carry out a series of procedures aimed directly at determining the relationship between the child and the man who is presumably his biological father.

When is paternity establishment necessary? The need for this arises if it is necessary to refute or confirm the relationship.

So, there are 2 ways to legally resolve this issue:

voluntary - extrajudicial;
judicial.

The first option concerns those cases where the mother or father were not legally married at the time of the birth of a joint child, then paternity is established in the registry office.

If the mother was deprived of parental rights, she disappeared or died, then the father must prepare a statement of paternity together with the guardians or directly with the child if he reaches the age of majority.

In the absence of the consent of one of the parents, an adult child or a guardian, a person who wishes to change the status of relationship may file a claim in court.

The following cases are usually considered in court:

a man abandoned a child who was born in marriage;
a man wants to recognize a child who was born out of wedlock as his own;
the child’s mother demands child support from the biological father, who does not recognize the offspring;
other.

According to the Law of the Russian Federation, the fact of refutation or confirmation of paternity is determined during the consideration of various evidence provided in court.

Such arguments can be built on the basis of written, material evidence, expert conclusions, words of witnesses, and the like.

When putting forward their objections or claims, participants in the trial are required to provide evidence.

Theoretically, it is possible to challenge paternity in court without DNA, since the use of the results of any method in court is acceptable. However, it is worth considering that calculations, even scientifically objective ones, have a certain percentage of error.

In turn, non-genetic methods of establishing paternity have an even higher error rate. However, you shouldn’t give them up either.

They apply at least in the following cases:

How to determine paternity without DNA

You can find out the necessary information without a DNA paternity test. Alternative methods are used if there is no money or opportunity to get tested. Since this examination is quite expensive.

Determination by appearance

It is difficult to say how similar the appearance of a child and his parent may be. Of course, the color of skin, eyes or hair may be similar. But, firstly, these signs can change. Secondly, the child may be similar to other relatives.

Therefore, prospective fathers very rarely use physical appearance as a 100% method of recognizing paternity. An exception may be cases when a son or daughter receives from a parent a specific sign of appearance - a mole, a dimple on the chin, etc. If the comparison takes place after the death of the father, then the similarity can be clarified using a photo.

By date of conception (pregnancy)

This is another “folk” method that is often used to determine paternity. In order to determine who the father of the child is, you need to know the date of conception.

True, this method is not particularly accurate. Conception does not always occur immediately after intercourse, since sperm can live in the female body for up to 5 days. You can also use gestational age. To do this, you need to do an ultrasound, which will determine the expected date of conception.

By blood type

Determining relationship by blood type is great for those parents who cannot or do not want to do a DNA test. Although it also does not give a 100% result. By the way, this method can only be used after the birth of the child.

The principle of this method is that the blood type depends on the set of genes. Therefore, there is a possibility that parents with specific blood types may produce an infant with only a certain type. Scientists have even developed special tables that make it very easy to establish possible relationships.

And if the child’s blood type does not match the blood groups of his parents, their relationship (in particular, paternity) may be in question.

Another alternative option is to check the Rh factor. But when using it, it is important to consider the following:

Rh-positive parents may have a baby with Rh-negative blood type;
If both parents are carriers of the Rh-negative blood group, then the child cannot be Rh-positive.

Blood type testing is considered very popular. This method was used quite successfully before the advent of DNA testing.

Genetic diseases

The presence of a genetic disease in a child can be used as an indirect confirmation of paternity. Such diseases are mutations in the gene. And if the father or his closest relatives have a predisposition to such a disease, then the relationship can be established.

What is paternity from a legal point of view?

Children don't always look like their parents

Paternity is a concept that refers to the biological and social appearance of a child from a mother from a specific man. The fact of paternity is documented by an act issued by the registry office during the process of registering a child (birth certificate).

According to the Family Code of Russia, a man will be recognized as the father in the following situations:

a child born by a woman officially married to this man;
the child was born within 300 days from the moment of: the couple’s divorce, the recognition of the union as invalid, the death of the spouse;
in the absence of facts confirming the birth of a baby from another man.

If the parents are not married

According to family law, if a couple has registered their relationship, the woman can register the child with her husband without any problems. And then the waiver of parental rights is carried out using another procedure. But if they are not married (in a civil marriage), the man must recognize his paternity on his own.

Usually, for this, both parents, after the birth of the baby, go to the registry office and write a corresponding application. Then the man will be officially registered as the father of the newborn. In some cases, only the father of the child can apply:

if she died during childbirth;
the mother has mental disorders due to which she is not able to bear responsibility for the child;
the woman was deprived of parental rights to the baby;
the mother is unable to provide the child with suitable living conditions.

In the absence of registration of marriage between parents, a man can recognize his paternity only with the permission of the guardianship authority. If the guardianship authority refuses to carry out the procedure, you can go to court for help.

Determining the origin of a child

According to Art. 47 of the Family Code of the Russian Federation, legal ties providing for mutual rights and obligations between parents and their descendants are established in connection with the origin of the latter. Adults must educate and financially support their little ones. However, such a debt arises only in the case of consanguinity.

After confirmation of the relationship, the minor has the right to count on financial support from the new parent. Adult citizens can also take advantage of additional rights. Most often we are talking about the following advantages:

collection of alimony payments:
obtaining the right to inheritance;
registration of benefits and allowances, for example, survivor's pension.

Refusal to acknowledge paternity

Even if they are similar in blood group or appearance, the father may still refuse this fact. And if recognition of paternity is very important, it is necessary to go to court. Establishment may be delayed if the defendant is dead or missing.

But in any case, you should go to court and submit the necessary documents:

statement of claim;
papers for the child;
documents indicating that the defendant is dead or missing;
other papers that could prove paternity.

Download a sample statement of claim to establish paternity

Witnesses will also be needed. Even if the man did not officially recognize the child (did not give him his last name, etc.), he could take care of him, provide financial assistance and express his paternity in other ways.

In addition to the standard information, the statement of claim should include the following:

length of stay of the defendant with the child (address);
the reason why the parents did not register the marriage;
facts establishing that the defendant took part in raising the child;
requirement to establish paternity.

If the alleged father is a foreign citizen, then in the event of his death, to determine the relationship, all documents should be submitted to the consulate of his country.

Is it possible to take a test during pregnancy?

From a medical point of view, one of the most difficult is a non-invasive test, when blood is taken from a vein from a pregnant woman. They do the same with the alleged father. Subsequently, the mother's cells are separated from the fetal cells and compared with the man's blood. This examination is carried out from the 9th week. An invasive test is also possible, which gives a more accurate result, but here everything looks more complicated: doctors have to take material for research from the amniotic fluid, as well as blood from the umbilical cord. Only venous blood is taken from the man.

Cost and terms

In both cases, you will have to pay at least 60,000 rubles for testing. Regardless of the type of examination, the results will be ready only in 7-10 days. If you need them faster, you will have to pay several thousand rubles.

DNA test: is it worth paying?

With the development of science, methods have emerged that greatly simplify the determination of kinship. The DNA test in this case is one of the most popular, but not the cheapest. The cost of a standard analysis reaches 10–40 thousand rubles. The final price depends on the urgency and other nuances. If the test is ordered by the court, it is paid for from the budget.

If the test is done while the woman is still pregnant (this procedure is quite dangerous for the fetus), then the cost of the analysis doubles. However, many fathers are willing to spend money to finally find out their relationship with their child.

It is known that during the analysis, a specialist compares the set of genes of a minor with the genes of the intended parent. For the determination, biological material from both subjects is taken (usually saliva or hair, but there may be blood or skin particles). If the result is positive, the analysis shows 99.9% probable similarity. A 100% guarantee is not given, but this is quite enough.

The good thing about a DNA test is that even if a parent dies, paternity can be established. For example, compare the genes of a child and the closest relatives of the deceased. Such an analysis will be accepted in court without any problems.

Place of genetic research in the system of evidence

Chapter 6 of the Code of Civil Procedure is devoted to the issue of evidence in civil proceedings. According to Article 55, when approving the final decision, the judge takes into account:

explanations of the parties;
witness's testimonies;
written and physical evidence;
video and audio recordings;
expert opinions.

The DNA test results are of the latter type. The study influences the course of the hearing only if manipulation is carried out by a specialized organization. After submitting the necessary biological material, you can say with almost absolute certainty whether the person is the baby’s father.

Important! For the justice body, no evidence has pre-established legal force. Therefore, the conclusions of the examination, as well as other reliable information presented, are equally taken into account and assessed by the judge.

At what stage of pregnancy can paternity be established?

With the invasive method, using a special instrument (medical needle), which is inserted into the uterine cavity, material is collected from the fetus. The minimum period in which this can be done depends on what biomaterials are taken from and where they come from:

Chorionic villus biopsy - the procedure can be performed from 9 to 12 weeks of gestation;
cordocentesis - it involves puncture of the vessels located in the umbilical cord, and is allowed from 18 to 24 weeks;
amniocentesis - for the test, amniotic fluid is taken from 14 to 20 weeks.

The non-invasive DNA test method is carried out from 9 weeks, and the 16th week is recognized as the optimal period.

The Sultan, suspecting his ex-wife of infidelity, said that a child with such appearance could have been born from any Asian. If the former king of Malaysia refuses to undergo it, he will automatically be recognized as the father of the child. As a result, Voevodina wants to get herself a big score: an apartment in Moscow for 1.2 million pounds sterling, a house in London for 8 million pounds sterling and 24 thousand pounds sterling per month for child support. Why do this test? Today in Russia there are many laboratories offering DNA testing, including establishing paternity.

. DNA tests - Laboratory "CMGE" replied: An attempt to find. We can talk about any significant results only after a DNA test has been carried out. The child will not necessarily look like the mother or father. Humanity does not yet have any of these technologies.

Carrying out analysis at home

Since genetic testing is an expensive procedure, many citizens are wondering: how to determine paternity without DNA? The answer here is clear: it is impossible to determine the biological parent without conducting appropriate research. A paternity test cannot be performed at home. It is also not recommended to independently collect material for the upcoming study without special skills and equipment. Failure to comply with the rules for collecting material may lead to unreliable results. Plus, you cannot conduct an examination in secret from the intended parent. Not a single clinic in Ukraine that values its reputation will undertake to conduct analysis without the knowledge of the recipients. Before the test is performed, the intended parent and mother of the baby give their permission for the procedure.

Conception date

When a woman has had several partners during one menstrual period, it is worth trying to find out the likely date of conception.

However, sperm live in a woman's vagina for up to 5 days. Consequently, pregnancy can occur after a certain number of days.

Then the father of the future newborn will be a man who was a couple of days before the expected conception. The date of fertilization cannot be determined precisely. Even if a woman has regular periods.

Please note: determining relationship by the estimated date of conception is only possible in cases where the woman has not had sexual contact with several partners within a period of up to 5 days.

In this situation, modern ultrasound machines will not help. They will not indicate an unmistakable confirmation of the day of conception.

What is determined as a result of genetic testing?

To ensure the reliability of the examination result, it is necessary to correctly select a sample of the biological material of the people being tested and verify their identity.

A DNA test is carried out to determine:

degree of relationship or paternity;
origin from a specific ethnic group;
Rh factor and gender of the child;
the likelihood of developing hereditary diseases;
predisposition to play sports;
person's personality.

Genome research is done to determine the relationship between several people. This need arises for a number of reasons. For example, to enter into an inheritance after a deceased citizen, to collect alimony from an able-bodied relative (parent or child), in other family situations.

In addition, genetic testing is often necessary for:

correction of errors in documents of relatives;
restoration of any official papers due to their destruction, loss or location in inaccessible places (in another country);
establishing the belonging of several people to one genealogical group (for example, all brothers and sisters of a grandmother, mother and child are determined along the female line).

DNA testing is carried out regardless of how long ago the events occurred and how long ago family ties were lost.

What should parents consider?

Parents are obliged to be aware of all their actions, since the well-being of the unborn child completely depends on this. That is why parents should take the most responsible approach to establishing paternity.

Only documentary evidence of parental rights, which is stated in the baby’s birth certificate, is legally strong.

The results of establishing paternity based on external similarity, timing calculations, and blood group matching cannot provide 100% reliable evidence, so parents can only use them as moral reassurance.

All of the above methods for establishing paternity without using a DNA test carry no more than 50% accurate information.

If the father or mother of the child has serious doubts, then the proven option in this case is the result of a DNA test (officially confirmed). The probability of a reliable laboratory result is 99.9%.

Establishing paternity in court

The rules for determining paternity in court are enshrined in the Family Code of the Russian Federation. In court, the origin of a child is established when the child was born to parents who are not married to each other and when there is no joint statement from the parents or a statement from the father of the child.

The statement of claim is filed with the district (city) court, which schedules a hearing within a month. Along with the statement of claim, the following must be submitted to the court: the child’s birth certificate, a receipt for payment of the state fee and documentary evidence of the relationship between the child and the putative father.

The court considers an application to establish paternity filed by one of the parents, a guardian (trustee) of the child or a person who is dependent on the child, as well as upon the application of the child himself upon reaching the age of majority. In court, any evidence that reliably confirms the origin of the child from a specific person is examined; the relevant documents of the parents and official documents certifying paternity are examined. The main document here is the expert’s conclusion with a positive DNA test result.

If the court makes a decision to establish paternity, it must enter into force within 10 days. If an appeal has not been filed, the court decision is submitted to the registry office to obtain the child’s birth certificate, where information about the father will be recorded. If the court accepts the appeal, its decision is suspended until a ruling on the appeal is made.

Obtaining a certificate of paternity

If the court decision is positive, the following is provided to the registry office: a passport, a child’s birth certificate, a valid court decision to establish paternity, a receipt for payment of the state fee. The registry office makes a record of establishing paternity and presents a certificate to the parents.

Recognition of paternity means the onset of all legal consequences, since the child will be subject to all civil and family rights, for example, the right to inherit from a recognized father (in this case, the presence of a biological father does not matter).

“This is not your child!” DNA experts reveal how many men raise other people's children

Finding out who your child is from has never been easier! A paternity test has gone from being exotic in court to becoming an everyday occurrence. Just three years ago, we carried out no more than a thousand such examinations. Now, according to experts, 4-5 thousand. And every year this figure grows by 30-40 percent. Science has unraveled the human genome and demystified the miracle of paternity. You can talk as much as you like about male paranoia, but 37 percent of those who come to take a DNA paternity test receive a negative result: not the father.