The Truth Reveals with DNA Testing: Time and Doubt in Paternity Denial Cases

Denial of paternity and paternity cases are one of the most complex and sensitive issues of family law. These cases question the relationship between the child's biological father and the legal father, and sometimes their consequences can profoundly affect family dynamics. In this article, we will examine the denial of paternity and paternity lawsuit processes, relevant legal regulations and recent court decisions.

What is Denial of Paternity and Paternity Case?

A paternity rejection case is a lawsuit filed to cancel the registration of a child in the husband's lineage. In this case, the person who is considered the legal father of the child claims that the child is not his and tries to eliminate the legal consequences of this situation.

A paternity lawsuit is a lawsuit filed by a plaintiff who claims to be the biological father of a child born out of wedlock or who wants biological paternity to be determined.

Legal Process and Limitation Period

According to Article 289 of the Turkish Civil Code, the case for denial of paternity must be filed within one year from the date of learning of the birth of the child. However, an important issue here is how the concept of "learning" is interpreted. Learning must occur beyond doubt, in a way that is certain and leaves no room for hesitation.

Review of Court Decisions

Sakarya Regional Court of Justice 2nd Civil Chamber 2022/1620 E., 2022/2754 K. Decision

In this decision, the court emphasized the importance of the concept of learning in the case of denial of paternity. It has been stated that the plaintiff's suspicion that the child is not his does not constitute learning, and that learning based on definitive information must occur through an extrajudicial DNA test. Therefore, the period for filing a lawsuit based on suspicion will not start, but conclusive evidence such as a DNA test will be considered learning.

TC Supreme Court 2nd Civil Chamber 2023/3904 E., 2023/2774 K. Decision

Similarly, in this decision of the Supreme Court, it was emphasized that suspicion will not be sufficient for learning in the case of rejection of paternity. It has been stated that learning must occur in a way that leaves no room for hesitation, and therefore the existence of definitive evidence such as DNA testing is essential. The court overturned the decisions made without DNA testing and stated that a decision should be made on the merits, accepting that the cases were filed within the limitation period.

Evaluation of Decisions

Both decisions clearly demonstrate that in cases of rejection of paternity, learning must be based on precise information. The period for filing a lawsuit will not start upon suspicion, but the period for filing a lawsuit will begin with information obtained through definitive evidence (e.g. DNA test). This protects the rights of plaintiffs, prevents unnecessary lawsuits from being filed, and guarantees a fair trial process.

Conclusion

In cases of denial of paternity and paternity, it is of great importance that the legal processes are managed correctly and the limitation periods are followed meticulously. The decisions made by the courts on this issue ensure the fair functioning of the legal system and help protect family relations on a correct basis. Therefore, it is necessary to pay attention to established case law and legal regulations in similar cases.

As a result, it is understood that the suspicion that a child is not one's child will not be considered sufficient for learning and that the disentitlement period will only begin with definitive knowledge. This ensures that the law is applied in a fair and balanced manner.