Cases of forced paternity test (DNA test) (China)

In China, there are cases in which paternity tests (DNA tests) are mandatory under certain legal and social circumstances. These cases are intended to confirm the parent-child relationship and may be ordered by a court or government agency. The following is a description of typical cases in which a paternity test is mandatory in China.

1. Paternity test for family registration (family registry)

Paternity test required for family registration: In China, all citizens must be registered in the family register (戸口), but DNA testing may be required, especially if there is doubt about the parent-child relationship or if the birth certificate is insufficient. For example, if the parents are not married or the child was born unplanned, a paternity test may be requested at the time of registration in the family register. In some cases, the appraisal is effectively mandatory, as this is a condition for registering the child in the family register and receiving public benefits.

2. court cases concerning child support obligations and child support

Expert test at the time of a child support claim: Even in China, when a legal dispute arises regarding a child support claim, the court may order a DNA test if the father denies or doubts that he is the biological father of the child.This will determine whether the father is legally obligated to pay child support.
Disputes over Recognition: In cases where the father does not recognize the child or where the refusal to recognize the child is at issue, the court may order a DNA test to confirm the parent-child relationship. In such cases, it is difficult for the father to refuse the test, and the results of the test can have a significant impact on the court’s decision.

3. Custody disputes and custodial rights

Custody Disputes During Divorce or Separation: During a divorce or separation, the parent-child relationship may be questioned in a dispute over custody. In such cases, the court may order a DNA test to determine which parent the child belongs to. This is especially done when there is doubt as to whether one of the parents is the biological parent of the child.

4. paternity testimony related to inheritance

Legal Process for Inheritance: In China, proving parent-child relationship is an important factor in inheritance. In particular, the court may order a DNA test when inheritance rights are disputed or when other heirs doubt the parent-child relationship. This appraisal is directly related to the distribution of the estate, and inheritance rights are determined based on the results of the appraisal.

5. birth certificate modification or certification

Incomplete Birth Certificate: If a birth certificate is not properly prepared or incorrectly listed, a DNA test may be required to prove parent-child relationship. In particular, if a child’s birth certificate does not list the father’s name, or if there is a documentation error at birth, a DNA test may be ordered to complete the family registration and legal process.

6. parent-child assessment for immigration and out-of-country travel

Immigration processing and visa applications: When applying to immigrate from China to another country or to reunify with family members who have moved out of the country, a DNA test may be required to prove parent-child relationship. When applying for a visa for immigration or travel outside the country, the court or government may require the test as proof of parent-child relationship, which is effectively mandatory.

7. Criminal investigations and legal troubles

Paternity Testing in Criminal Investigations: In cases of kidnapping or child safety issues, DNA testing may be used to confirm parent-child relationships. For example, testing may be required to confirm the identity of a kidnapped child or to establish parent-child relationship in an illegal adoption investigation.
Investigating Fraud and Fraud Cases: DNA testing is sometimes used to confirm parent-child relationships in cases of inheritance fraud, sham marriages, and problems related to the illegal acquisition of benefits. This allows it to be used as evidence to prevent fraud and abuse.

8. Issues related to the two-child policy and the planned-birth policy

Confirmation of Planned Parenthood: China used to have a one-child policy, but now has a two-child policy. Under this policy, DNA testing is sometimes performed to confirm the parent-child relationship, for example, when a third child is born. In particular, DNA testing may be required for family registration purposes or when submitting an accurate birth certificate to avoid fines.

Conclusion

In China, paternity testing is mandatory in certain legal proceedings and social situations. DNA testing is ordered to clarify the parent-child relationship in a variety of situations, including family registration, child support and custody disputes, inheritance, and criminal investigations. This accurately confirms legal rights and obligations and resolves related issues. If a paternity test is mandated, the results will have a significant impact on the legal proceedings.

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