Doubts of consanguinity with his own child can arise in a man both before the birth of the child, and on the eve of his majority. Fortunately, medicine today makes it possible to establish paternity quite accurately. The law also has its say in this delicate matter.
Instructions
Step 1
If you have any doubts that the child is genetically related to you, first talk frankly with the mother. Perhaps your ex-spouse will not deny your innocence to your son or daughter. In case of mutual consent of both parents, by decision of the court, it is allowed to amend the child's birth certificate. It is more difficult if you want to refute paternity, and the parent insists that the child is yours. In this case, your path lies in court.
Step 2
If you are sure that your spouse has cheated, file a claim with the courts. This right is given to you by Article 52 of the Family Code, according to which only persons registered as father / mother or who are actually parents, as well as the child himself upon reaching the age of majority, can challenge paternity or maternity. The help of a good lawyer will not hurt you to effectively protect your interests. Collect the evidence base that confirms that you could not be the father of the child (for example, you were on a business trip for a long time and did not actually live with the expected period of conception). In the absence of irrefutable evidence on your part, the court has the right to order a genetic examination, but only with the consent of the child's mother.
Step 3
In some situations, the law does not allow challenging previously established paternity. So, if you knew at the time of establishing paternity that this child is not your biological son or daughter, you will not be able to cancel the entry on the birth certificate. The same applies to children born through donation, embryo implantation and surrogacy with your written consent.
