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Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: Regulação da investigação de paternidade biológica: perspetiva comparada
Other Titles: Regulation of biological paternity investigation: comparative perspective
Author(s): Ferreira Machado, Helena Cristina
Ribeiro Dias da Silva, Susana Manuela
de Oliveira Miranda, Diana Catarina
Keywords: Paternity
Biological truth
Genetic test
Informed consent
Issue Date: Dec-2012
Date Deposited: 28-Mar-2022
Citation: Ferreira Machado HC, Ribeiro Dias da Silva SM & de Oliveira Miranda DC (2012) Regulação da investigação de paternidade biológica: perspetiva comparada [Regulation of biological paternity investigation: comparative perspective]. Revista DIREITO GV, 8 (2), pp. 573-585.
Abstract: The aim of this article is to do a comparative analysis relative to the investigation of biological paternity of children born out of wedlock in Brazil and european countries, based on the research of legislative documents through the internet and the consultation of legal bibliography in the area of family law. The legislative typology was made - absolute biological truth and relative biological truth according to the following variables: forms of paternal attribution (voluntary/court ordered), type of demanded consent for the performance of the genetic test (voluntary/forced), author of the investigation (state/other) and the time limit of the investigation (existence of process deadlines/no process deadlines). The absolute biological truth occurs when the investigation of paternity is compulsory and the court might order and force the submission to a genetic test. The dominating trend is relative biological truth. In all analysed countries it has been verified that the resource to genetic testing is preponderant when establishing affiliation relations. Even in countries where it's not possible to force an individual to the submission of a genetic exam, there are more subtle ways of submission, that include the application of fines or the assumption of paternity based on a refusal to perform the genetic exam.
DOI Link: 10.1590/S1808-24322012000200008
Rights: This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (
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