DENIAL OF PATERNITY – WHAT IS THE CASE OF RECOGNITION AND PATERNITY?
Denial of paternity and paternity proceedings are regulated in the Turkish Civil Code. Bloodline can be defined as the father’s bloodline in the meaning of the word. According to the relevant article of the law, the husband can refute the presumption of paternity by applying to the case of denial of the genealogical bond. In this aspect, the husband can file a lawsuit against the mother and the child for the denial of the genealogical bond by the husband. Similarly, it is possible that he will file a case of rejection of the genealogical bond against his parents for the same reasons in his children. According to our laws, paternity is defined as the father of children born while the marriage is in progress or within three hundred days of the end of the marriage, as the husband. In cases requiring the establishment of a paternity presumption, these cases can be filed.
Cases of refusal of genealogical affiliation and recognition depend on fundamentally different circumstances. A paternity suit may be filed after the completion of the proof obligations necessary for the existence of an official bond between the child and the father by dec. The parties for the refusal of the genealogical bond, recognition and paternity case were determined as father, child and mother. In addition to these persons, legal representatives october be counted.
WHAT IS THE CASE FOR THE REJECTION OF NESEBIN (LINEAGE BOND)?
The regulations on the case of correction of the genealogical bond or on the cases of rejection of the genealogical bond are regulated within the scope of the Turkish Civil Code No. 4721. In order to reduce and refute the presumption of paternity, a lawsuit may be filed for the rejection of the genealogical bond by the father or child. Proof of denial of genealogical connection:
Falling into the womb in marriage: For children who fall into the womb in marriage, it is mandatory to prove that they are not the father of the plaintiff. A child born within 300 days of getting married and ending the marriage is considered to have fallen into the womb during marriage.
Falling into the womb before marriage and living apart: In cases that occur before living apart and marriage, the plaintiff is not asked for evidence. But if there is convincing evidence that sexual intercourse took place during the period of conception, the presumption of paternity arises.
After the necessary examinations by the court with the fulfillment of the obligations of proof for the rejection of the genealogical bond, it can be decided that there is no presumption of paternity. The most important mechanism of proof in the case of denial of genealogical affiliation is DNA testing. The court makes a decisionbetween the child and the father by conducting a DNA examination. Thanks to this, it is possible for people to refuse genealogical affiliation.
WHAT ARE THE CONDITIONS FOR THE REJECTION OF THE GENEALOGICAL BOND?
DNA testing in the case of denial of genealogical affiliation, etc. it may be necessary to refer to the evidence. In the event that the necessary circumstances arise for the opening of a case for the rejection of the genealogical bond, this case will be filed by the father against the child and the mother. If a case is filed by a child, the case will be brought against the mother and the person registered as the father in the population. The cases listed in the laws for the rejection of the genealogical bond:
The child falls into the womb during marriage,
Proving the impossibility of sexual intercourse,
Proving the absence of a provincial bond,
Separation and the fall of the child into the womb before marriage, etc.
It has been described as. In order to refute the presumption of paternity, people who have taken the path of litigation may be required to prove the elements in question to the court. If the necessary circumstances do not occur, the case in question cannot be filed. When it is opened, it is rejected. According to our laws, it is not possible to declare a unilateral will for the rejection of the genealogical bond or to reach this decision by agreement. Therefore, it is necessary to go to the court way. The fact that the person in the position of the defendant accepts the case does not bind the judge in the trial. The necessary evidence is collected by the judge of the family court and the decision is made according to the result.
WHO CAN FILE A LAWSUIT FOR THE REJECTION OF THE BLOODLINE?
The parties to the lawsuit for the rejection of the genealogical bond can be considered as plaintiffs and respondent parties under two different headings. The plaintiff party for the refusal of the genealogical bond is usually known to the population as the person registered as the father. However, it was deemed possible in Article 286 of the Turkish Civil Code for their children to open this case. According to this:
Plaintiff in the case of denial of the bloodline: a person and a child registered as a father in the population,
The defendant in the case of denial of paternity: mother – child, mother – a person registered as a father in the population,
It is determined as follows. In any case, the mother will be on the defendant’s side. A lawsuit against the mother is envisaged by the child or the person registered as the father in the population. In order for the child to be represented in the case if the child is under the age of 18 in the case of denial of the lineage, a record is assigned to the child, and this record conducts the case for the child during the litigation process. The decriminalization of the genealogical bond is especially among the most basic elements of inheritance cases. It is possible that the person will file a lawsuit against his children, whom he suspects of being his own child.
WHAT ARE THE PERIODS OF ENTITLEMENT REDUCTION FOR THE REJECTION OF THE GENEALOGICAL BOND?
In the case of denial of the genealogical bond, the period of reduction of rights is again determined within the scope of the Turkish Civil Code. It is extremely important to follow the periods of entitlement reduction before filing a lawsuit for the rejection of the genealogical bond. Accordingly, the legal rights reduction periods established for the case:
The husband is obliged to open it within 1 year from the moment he finds out that the pregnancy occurred during sexual intercourse with another man.
The child must file a lawsuit no later than 1 year from the date of becoming an adult.
The delay experienced depending on the justified reason, the 1-year period begins to work on the date when the reason in question disappears.
As it can be seen, the basic right reduction period established in the law for the case of denial of lineage has been determined as 1 year. It is possible that a person will file a claim for denial of kinship in an authorized and authorized court no later than 1 year after the date of appearance of the elements that are the subject of the case.
WHICH COURT IS AUTHORIZED AND CHARGED IN THE CASE OF DENIAL OF BLOODLINE?
The court in charge of the denial of lineage case is organized as a Family Court. In the absence of a family court, the Court of First Instance, in its capacity as a Family Court, considers a case of denial of lineage. The court authorized to consider the case of denial of the bloodline:
The court of the settlement where the plaintiff or defendant is located,
The court of the place of birth of the child
It is determined as follows. If a lawsuit is filed in another court other than the authorized court, a decision of official dismissal is made on the objections of the parties to the duty or by the court.
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