PATERNITY CASE

PATERNITY CASE

There are two ways to establish paternity of a child born out of wedlock. The father can directly acknowledge the child with his own consent. However, this recognition is only possible with the father's consent; coercion is not allowed. If the father does not choose to acknowledge the child, the Civil Code allows for the establishment of paternity through legal means. Establishing paternity through legal means is possible through a paternity suit. The purpose of a paternity suit is to properly establish the legal lineage between the child and his biological father.

WHO CAN FILE A PATERNITY LAWSUIT?

The right to file a lawsuit for paternity is granted to both the mother and the child. This is stipulated in Article 301 of the Turkish Civil Code. According to Article 301, "if the lawsuit is filed by the mother or the child, it shall be notified to the public prosecutor and the treasury; if filed by the mother, it shall be notified to the guardian; and if filed by the guardian, it shall be notified to the mother."

A mother can file a paternity suit within a one-year statute of limitations period from the date of the child's birth. The child can file a paternity suit after reaching the age of majority. If a blood relationship exists between the child and another person at the time of birth, the statute of limitations begins after that relationship is severed. If the mother has significant reasons for not being able to file a suit within the one-year statute of limitations period, she can file a suit within one month.

In paternity cases, the competent court is the court of the place of residence or birth of one of the parties at the time of the lawsuit. The court with jurisdiction is the family court.

IN A PATERNITY CASE, WHO BEARS THE BURDEN OF PROOF?

In a paternity suit, the key issue to investigate is whether the mother and the person seeking a paternity ruling had a sexual relationship, and if so, whether the child resulted from that relationship. The burden of proof rests with the plaintiff. However, since this is a difficult situation, the plaintiff may initially try to prove their claim by establishing a presumption that they had a sexual relationship with the defendant between 300 and 180 days prior to the child's birth.

In determining paternity, methods such as blood group and paternity testing, assessment of body proportions, identification of paternity based on facial and body similarities, medical examinations to determine the duration of pregnancy and the maturity of the child, and DNA testing, which is the most preferred method today and is among the first in the investigations and research ordered by the judge, and provides nearly 100% certainty, are generally used.