In a dispute over the custody of children born out of wedlock, if one party refuses to cooperate in conducting a paternity test, can they evade their legal custody obligations? Recently, the People's Court of Jiayu County, Hubei Province, concluded a dispute over child support for an illegitimate child in accordance with the law. It was clarified that if the parties involved have no contrary evidence and refuse to undergo a paternity test, the court can legally assume that the parent-child relationship is established, and those who refuse to fulfill their child support obligations shall bear corresponding legal responsibilities.

Xiaoming and Xiaomei met and fell in love while working outside, and they had a son named Xiaowei together during their relationship. Both parties have not yet registered their marriage. Xiao Wei lived with his mother Xiao Mei for a long time after birth. At first, Xiaoming was able to consciously fulfill his responsibility of raising children, but later interrupted the payment of child support without justifiable reasons. Xiaomei took the initiative to communicate and urge for expenses multiple times, but both parties were unable to reach an agreement. Helpless, Xiaomei filed a lawsuit to the court, requesting confirmation of the parent-child relationship between Xiaowei and Xiaoming, and ordering Xiaoming to bear the corresponding child support.

During the trial of the case, Xiaomei submitted an application for paternity testing to the court, but Xiaoming refused to cooperate with the testing sampling without justifiable reasons, and the testing procedure could not proceed. The key facts lacked evidence to support them.

After the court's trial, it was determined that the focus of the dispute in this case is whether Xiaoming and Xiaowei have a parent-child relationship. According to Article 39 (2) of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (1), if a parent or adult child sues to confirm the parent-child relationship and provides necessary evidence to prove it, and the other party refuses to conduct a paternity test without contrary evidence, the people's court may determine that the claim of the party confirming the parent-child relationship is established. In this case, Xiaomei has submitted evidence such as WeChat chat records, child support transfer records, and proof of Xiaowei's daily expenses, preliminarily proving that Xiaoming and Xiaowei have a parent-child relationship. Xiaoming failed to submit any evidence to refute Xiaomei's claim and unreasonably refused to cooperate with the paternity test, and shall bear the legal consequences of inability to provide evidence. The court presumes in accordance with the law that Xiaoming and Xiaowei have a biological father son relationship. Based on the local living consumption level, Xiaoming's income situation, as well as the daily living and medical expenses of underage children, the court finally confirmed the parent-child relationship between Xiaoming and Xiaowei, and ordered Xiaoming to pay a monthly child support of 1600 yuan on time until Xiaowei reaches the age of 18. The verdict of this case has now come into effect.

Judge reminds

Identifying a parent-child relationship is not 'non DNA dependent'. The establishment of the "presumption rule" by law is precisely to prevent parties from evading their legal obligations by refusing appraisal. The obligation of parents to raise their underage children is mandatory, and any attempt to evade responsibility will not only fail, but also bear the legal consequences of losing the case. If one party refuses to comply with the effective judgment, the other party may apply to the court for compulsory enforcement. (Looking into the New Era)