Choralyne Dumesnil, attorney at law licensed in Paris and California

Paternity search in France


A few months ago, I was listening to the podcast "Biohacked: Family Secrets" where people share their experience of having discovered that the man who raised them is not their biological father but also, that many of them have the same biological father (see the movie Starbuck, 2011). Some discovered that their mothers had chosen the Robert Graham repository for germinal choice. They suddenly understood why their mothers thought they would be geniuses. These revelations were made possible by the release of DNA tests.

What about France?

In France, legislation is very strict and prohibits paternity testing on the Internet or abroad. This is a criminal offence punishable by one year's imprisonment and a fine of 15,000 euros. The same applies to the dissemination of information on the identification of a person by his or her genetic fingerprints or the examination of a person's genetic characteristics.

In the same spirit, it is forbidden to request the examination of one's genetic characteristics or those of another person, or to seek to identify a person by his or her genetic fingerprints. Both of these acts can be punished by a fine of 3750 euros.

How to establish paternity in France?

In France, a paternity test must be ordered by a judge.

It must be requested by the minor child, his or her legal representative, mother or guardian.

It is required to be represented by a lawyer.

Finally, it is necessary to provide the judge with evidence of paternity: circumstances of conception, cohabitation with the mother during the period of conception, testimonies, etc.) However, it should be noted that according to the jurisprudence, in matters of filiation, the biological expertise will be ordered by the judge.

 

Do you have any questions? Contact The firm


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