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It is illegal to force others to do a paternity test
It is illegal to force others to do a paternity test. Only the parties involved can initiate the application for paternity test.
Dou and Xiang gave birth to a boy on the date of their marriage. Others reported to a certain county family planning committee that Liao was the illegal child of Dou and Xiang. According to Liao's permanent population registration form, Liao's birth date was recorded on the year, month and day.
The Family Planning Commission of a certain county concluded that Dou and Xiang were suspected of having illegal births, and requested them to perform technical appraisals on the day of the year. Dou refused.
On the day of the year, the Family Planning Commission of a certain county served Dou with a family planning administrative penalty notice and a hearing notice through lien service. It also stated that Dou’s behavior was an administrative penalty for refusing to accept technical appraisal and a fine of RMB 10,000 was planned according to regulations. At the same time, Dou was informed that Dou had the right to make a defence, statement and hearing to the Family Planning Commission of a certain county. Dou did not make a request for defence, statement or hearing.
On the day of the same year, the Family Planning Commission of a certain county issued an administrative penalty decision and served it to Dou with a lien on the same day.
The penalty decision stated: There is evidence that Dou is suspected of illegal childbearing and requires a technical appraisal (paternity test) to find out the facts. Dou and Liao made a technical appraisal, and Dou made it clear that he refused the request for technical appraisal.
Dou’s behavior violated the provisions of Article 26 of the Family Planning Regulations and constituted an illegal act of not cooperating with the administrative department of population and family planning for technical appraisal. According to the provisions of Article 57 of the "Family Planning Regulations", the Family Planning Commission of a certain county decided to impose a fine of RMB 10,000 on Doumou.
Administrative agencies are not allowed to force parties to undergo paternity testing
my country's "Administrative Punishment Law", "Population and Family Planning Law" and "Administrative Procedure Law" and other higher-level laws do not stipulate that administrative agencies have the right to force parties to undergo paternity testing. identification. In view of the fact that paternity test is related to the personal and property relations between husband and wife, children and others, it is a serious work.
Therefore, cases requiring paternity testing should be treated with caution based on the circumstances, from the perspective of protecting the legitimate rights and interests of women and children, promoting unity, and preventing the intensification of conflicts.
When investigating and punishing illegal births, administrative agencies cannot force the parties to undergo a paternity test on the grounds that others have reported that they may be suspected of illegal births due to their own lack of evidence, nor can they impose fines on the parties because they refuse to cooperate with the administrative agency's paternity test requirements. Administrative penalties thus achieve the purpose of forcing the parties to undergo paternity testing.
The Court of No. 4 Middle School in Chongqing held that: In this case, a certain county family planning committee required Dou and his wife to undergo a paternity test because the evidence they produced could not prove that the Dou and his wife had illegal births. After the Dou and his wife refused to do so, they The maximum fines imposed respectively are a typical case of forcing the parties to conduct a paternity test, which clearly infringes on the personal rights of Liao and his mother Xiang Guoying. Their administrative penalties have no legitimate legal basis and should not be supported.