Proving and negating the parentage
Proving and negating the parentage
A lawsuit to prove or deny the lineage is raised if the legitimate lineage of the child is disputed by the father. Regarding the lawsuit to prove parentage, it is the first and easiest way to prove the marital relationship between the child’s parents, the law of Iran recognizes only a child as legitimate whose sperm was contracted through a legitimate means at the time of conception and despite the existence of a marriage relationship between his parents, and the law of Iran states says that a child born from adultery does not join a woman. Of course, if a false intimacy has occurred between a man and a woman (a man and a woman have had intimacy with each other under the mistaken assumption of the existence of a marital relationship or the lack of respect for intimacy), the child will join a party that is not aware of the corruption and sanctity of intimacy, and if there is a lack of knowledge on the part of both parties, the child will join both parents.
Evidence to prove lineage in a lawsuit to prove lineage
1) Marital Presumption
According to civil law, a child born to a woman who has a husband joins the husband according to this statute. There are conditions for using marital presumption, including:
A) It is located between a couple and a close wife.
B) Not less than six months and not more than ten months from the date of closeness.
C) The statistic of the bed has not been refuted by other evidences.
If the birth of the child is after divorce, the mother of the child is not married, in this case and while it is possible for the child to join both the ex-husband and the current husband, the child will join the current husband.
2) Testimony of witnesses
Like other claims, a claim for proof or denial of lineage can be proved by the testimony of witnesses.
3) Judicial Extrinsic
With the advancement of experimental sciences, it is easy to examine the child’s attachment to the parent.
In view of the above, a dispute of denial of lineage can be raised using the same arguments:
1) Marital Negation
The couple can refute the marriage by presenting their arguments and documents. It should be noted that if the couple does not file a denial dispute within two months of the child’s birth, the lawsuit will not be accepted from him unless the couple proves that the date of birth of the child has been suspected.
2) Testimony of witnesses
Like other claims, a claim for proof or denial of lineage can be proved by the testimony of witnesses.
3) Judicial Extrinsic
Providing evidence of the sanctity of the relationship between the parents, a mistake in the date of birth of the child, etc. can be among the judicial extrinsic that are argued in the dispute of denial of lineage.
It should be noted that, due to the customary and religious sensitivity of society on the issue of the sanctity of adultery and the birth of children resulting from illegitimate relationships; it is very difficult to prove a denial of ancestry lawsuit if a birth certificate has been issued to a child
If you have any questions regarding claims for proof and denial of parentage and related legal rulings, or if you need guidance in preparing and implementing the provisions of the petition and the bill for proof and denial of parentage, our experienced consultants and lawyers in the Asia Lawyers Group will answer your questions.
