WHAT IS THE PATERNITY STATUS?

DENIAL OF PATERNITY

Paternity is established by birth with the mother and by marriage with the father, or by marriage to the mother, court ruling, or recognition. The husband is presumed as the father of a child born within marriage, but this presumption is rebuttable. If the child is born during the marriage or within 300 days of its dissolution, the husband is presumed as the father. If the child is born later than the 300-day period, proof that the mother conceived within the marriage is required to establish paternity. The father presumed as the father of a child born within the 300-day period can rebut this presumption through a lawsuit to deny paternity. The father must file this lawsuit within one year; otherwise, his right to sue expires. Certain evidence is required to rebut the presumption. This evidence includes blood tests, DNA analysis, testimony from a witness proving paternity, relevant photographs, and audio recordings. After conducting these investigations, the judge may decide to deny paternity.

HOW CAN A PATERNITY LAWSUIT BE FILED IF THE FATHER IS DECEASED OR MISSING?

A paternity denial lawsuit is not only filed by the father. It can also be filed by the child, the father's descendants, the father's parents, or the person claiming paternity. In such a case, one of these individuals files the lawsuit with the necessary evidence, and the judge makes a decision after the necessary investigations. The lawsuit must be filed within one year of the death or disappearance of the deceased; otherwise, it is time-barred.

SUBSEQUENT MARRIAGE SITUATION

If a child is born out of wedlock and the parents marry after the child's birth, the child is subject to the same laws as if born within marriage; however, the parents are obligated to register the child with the civil registry office before or after their marriage.

Relevant decision:

According to the ruling of the 2nd Civil Chamber of the Supreme Court of Appeals, numbered 2006/2900 and 2006/9378 , if it can be proven with witnesses that the spouses lived separately before the child was born and that the child belongs to another person, the lawsuit for the denial of paternity is accepted. This decision emphasizes that the presumption of paternity can be rebutted in cases where the period of separation between the spouses coincides with the time of the child's birth.

This decision demonstrates that in paternity denial cases, both witness testimonies and modern medical methods (such as DNA testing) can be used to determine the relationship between husband and child. Furthermore, the husband retains the right to file a lawsuit in situations where it is demonstrably impossible that sexual intercourse occurred.

RECOGNITION

Recognition of paternity occurs when the father makes a written application or declaration stating that the child is his own. This written application is made to the population registry office or the court, while the declaration is made in a will or official document. As a result of recognition, the child becomes the father's child; if the child is a minor, the consent of the guardian is also required. For recognition to be possible, the child must not have a blood relationship with another father; otherwise, recognition cannot occur. If the person making the recognition is not the child's father, or if the person making the recognition has been deceived, intimidated, or misled, a lawsuit for the annulment of the recognition can be filed, and this lawsuit has a one-year statute of limitations.

PATERNITY CASE

A child and their mother can apply to the court to establish paternity between the child and the father. In this case, the father is presumed paternal, but he does not establish paternity. A lawsuit is filed to remedy this situation, and the mother can claim pregnancy and childbirth expenses from the father. If the father can refute the presumption of paternity, that is, prove that he is not the child's father, paternity is not established. There is a one-year statute of limitations for filing this lawsuit. This one-year period begins for the mother with the birth of the child, or if the child has a paternal relationship with another man, it begins on the date that relationship ends. If there are justifiable reasons for the expiration of this one-year period, the lawsuit can be filed within one month from the date those reasons cease to exist.

Second-year Law Faculty student

Dilek Aydın