Paternity Suit in Spain

Having a child today carries moral as well as ever-increasing financial responsibilities. This can cause disputes whether such obligations should, in fact arise, especially where the birth of the child was the result of a fleeting relationship. 

Given the size of the financial burden that a child brings, it can be essential for a parent to confirm that the person considered to be the father of the child, is truly the father.

Perhaps as a result, the demand for paternity testing has significantly increased over the past two decades, indicating a substantial need for clarity in parent-child biological relationships. Equally, there may be those men seeking to demonstrate their parenthood of a child.

However, it may not only be the potential father of the child that seeks clarity as to parenthood, but the mother and, indeed, the child.

• Initiate the legal process by filing a paternity claim at the Court of First Instance. This is typically done at the court located in the defendant's domicile. Note, the defendant may be the mother or the alleged father of the child.
• During this stage, you may also request related matters, such as the child's alimony or a paternity test.
• To ensure the court's acceptance of your claim, it's essential to provide substantial evidence and witnesses attesting to the relationship between the alleged parents.
• The range of admissible evidence includes but is not limited to letters, receipts, emails, photographs, WhatsApp messages, and testimonies. A paternity test could also serve as a robust piece of evidence. 
• Following the submission of your claim and evidence, the judge will evaluate the validity and strength of the provided proofs to decide on the progression of the claim.
• It's crucial to note that, although the procedure is judicial, a judge cannot compel the other party to partake in a biological paternity test. However, a refusal to undergo a paternity test could have unfavourable repercussions, underscoring the importance of a well-prepared claim and strong evidence.
   

Requirements to support a judicial claim would therefore include all types of evidence that would substantiate the allegation that a relationship of parenthood exists between the defendant and the child.

Depending on who is bringing the proceedings to establish paternity, there are various benefits to this service:

• Establishing legal paternity through the courts provides official recognition of the father-child relationship. This formal acknowledgment is crucial for various legal rights and responsibilities such as inheritance, custody, and visitation rights
• By determining legal paternity, it ensures that the financial responsibilities towards the child are fairly distributed. This can include child support and alimony, which are essential for the child's welfare.
• The service provides a clear pathway to resolving doubts and uncertainties regarding parent-child relationships. This clarity is invaluable for all parties involved - the mother, the father, and most importantly, the child.
• Engaging a legal paternity service ensures that clients have judicial expertise guiding them through the process. This expertise is crucial for navigating the complex legal landscape, which includes filing claims at the appropriate courts and understanding the implications of each stage of the process.
• Legal paternity services may also provide a platform for mediation between the disputing parties. Mediation can foster a more amicable resolution, which is especially beneficial in maintaining a conducive environment for the child's upbringing.
• The service ensures the protection of the rights of all parties involved. Whether it's the rights of the father seeking recognition, the mother seeking support, or the child's right to know and have a relationship with both parents.

1. An initial discussion with a specialist lawyer to understand the current situation
2. Based on the initial information you provide, the lawyer will be able to determine your best legal options in the situation, explaining the process
3. Representation in negotiations with the other parent, to establish as amicable a process as possible
4. Arranging of technical analysis to support your position
5. Representation in any court proceedings relating to the paternity suit