Refusal to submit to DNA testing is an indication of paternity

The mother of a minor child initiates paternity recognition proceedings. She asks for genetic expertise from the judge who orders it.

The alleged father refuses to submit to DNA testing. According to him, the paternity claim had to be brought by the mother within a certain period of time. For this reason, he appealed to the Court of Appeal to rule on the validity of the action.

He considered that there was a legitimate reason for not complying with the expert's summons, since the Court had not yet delivered its decision.

The Court of Cassation does not follow him. She pointed out that if the paternity claim belonged to the child, it could be brought during his or her minority by his or her mother.

It also states that genetic expertise is legal in matters of filiation unless there is a legitimate reason for refusing it.

In her view, the fact that the Court had not yet given its final decision on the admissibility of the paternity action could not constitute a legitimate ground, even in the light of the right to a fair trial.

The judge can then validly infer an index of paternity from refusing to submit to a DNA analysis.