78% of DNA exams to investigate paternity positive

In recent decades, paternity disputes have a tool that gives no doubt or error: the DNA study.

And in most cases in which justice is used, either by payment of food pension, inheritances or just because they are certain about paternity, the alleged father turns out to be the biological father.78.1% of DNA exams carried out by the Legal Medical Service (SML) in 2016 resulted in "inclusion", that is, with a high percentage of probability (over 99.9%) the man investigatedIt was the biological father.

According to the 2016 statistical yearbook of the SML, until November of that year there were 2.704 DNA expertise filiation in the body.Of these, 78.1% had an inclusion criterion, that is, paternity was confirmed, and 21.9% exclusion, that is, it was ruled out.

Absolute certainty

The only legal way of knowing who is the father of a person is to initiate a demand for paternity, which can be done through a private lawyer or the Judicial Assistance Corporation (CAJ).The Court indicates to the parties what are the public and private laboratories in which to do the procedure, explains Gabriel Muñoz, a litigation lawyer of the CAJ.

"The affiliation claim judgment takes place only when the child is not certain of the father or has a different father from the biological parent.In those cases the mother demands to prove that paternity, "says Muñoz.

Why DNA?All people have two sets of genetic information, one inherited from the mother and another of the father.Therefore, the genetic information of the biological father is in his children.Data that are on chromosomes and DNA, so homology or correspondence between parents and children, such as mother and children, is very high, of 99.99%.

Identification can be performed by biological samples, such as blood, oral mucosa, hair, urine, teeth or degraded biological material (see infographic).

Biological tests are carried out by the SML or suitable laboratories stipulated by law.The current private options are four, says Muñoz.

The exam process, from the sample to the delivery of the result, takes about 60 days, says Jaime Pantoja, head of the SML Forensic Genetics Unit.

Más sobre paternidad

Cristián Costa, Biogenetic Laboratory Manager, one of the four accredited to perform the test, says that 90% of those who request those exams in the private sphere are men, who go to this laboratory before a trial begins.

"In the private area, about 3.500 cases a year, "he says.

"Men do it first to know.Together with the legal and an emotional issue, they suspect the woman, most have something against the mother, not against children;I have seen parents who read the report and leave it, "he says.

Costa warns that there are offices that offer the exam, but they are not accredited."People get carried away by a web page, take the sample and send them to the USA.UU., and have the results.But it is not a laboratory, it is an office.They do not have resources to do the analysis, so it has no legal value and should be repeated, "says Costa.

The exam, like the process, are secret until the term sentence is issued.

When the defendant does not attend after two summons to be carried out, paternity is presumed."It is a penalty for negative injutted," says Gomez.

But also that paternity is proved without DNA.This is what happens for "notorious possession of the quality of a child," says Muñoz, who is proven for the concepts of name, treatment and fame."If for five years someone has not recognized the child, but appoints him, treats him and has announced it in front of third parties as if he were a son".

And in situations in which the Son is legally recognized by a father, and then demand another man for fatherhood, "the dad who recognized him indicates that for more than five years he has treated him as a son, he has preference on the biological test," he saysThe Caj's lawyer.

And while it is a right of every person to be able to investigate who his father is, Muñoz clarifies that whoever exercises a bad faith affiliation action or with the purpose of injuring the honor of the other person, can be sued and must compensate whoaccused.

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