Research On Juvenile Protection In Paternity Test

Paternity test is widely known for judging blood relationship.However,paternity test results often involve identification of minors,inheritance of property,identification of fostering relationships,etc.,which directly affect the privacy,personality rights,property interests and material living conditions of minors.Identity relationship benefits.The current regulation of paternity testing in China mainly involves relevant identification techniques.The purpose is to ensure the fairness of the identification procedure and the scientific nature of the identification results,while ignoring the protection of the rights and interests of minors.In recent years,many parents have adopted artificial assisted technology to solve fertility problems,and some of the minors born from this have faced the problem of separation of biological and sociological relationships.Through the routine paternity test procedure,it is impossible to confirm the blood relationship between the minor and the “parent”,but it will affect the legal rights and interests of the minor,such as the right to identity,property rights and parental rights.Through the statistics of the number of minor cases involved in more than 1,000 pieces of paternity test cases and the negation of minor cases,this paper finds that the protection of the interests of minors in paternity test is unavoidable.However,the existing legal systems concerning paternity testing and juvenile protection do not pay attention to the protection of minors in the field of paternity testing.Especially for children born with artificial assistive technology,their rights protection is still a legal gap.In order to construct a paternity test system that protects the interests of minors,this paper compares and analyzes the relevant legal provisions and measures of the Anglo-American legal system and the civil law system.It is found that,unlike the reality in China,the principle of “best interests of children” is a popular principle in the most countries,regarding of parent-child relationship disputes and paternity test,emphasizing that the courtshould take the initiative to consider the wishes of the children,the current family situation and the emotional depth with the existing family,and whether the children grow up.Unfavorable factors.After comprehensively measuring these factors,the court has the power to decide on the application of paternity test results.When the courts in China try to deal with the disputes related to paternity test,the court's protection of the depth and rights of children's interests is far less than that of the Anglo-American legal system and the civil law system.Therefore,it is necessary to introduce the principle of “best interests of children” into China and apply it specifically to the judicial appraisal process.The principle of stipulation of the application of the party and the initiation of the ex officio of the court shall be established.The party making the application for identification shall be restricted to the immediate family members of the appraiser and the necessary evidence or materials shall be submitted to the court.After reviewing the necessary evidence or materials,the court also needs to respect the wishes of minors reaching a certain age,consider the existing family emotional relationship of the minors,and comprehensively measure whether to initiate the paternity test procedure.For the application of the evidence of appraisal,the court should decide with a cautious attitude and the idea of protecting the interests of the minors.For the minors who are unwilling to know their parents,and the existing parents are willing to continue to raise the minor,or to appraise the opinions.The application of the law is not conducive to the protection of the legal rights of minors,and the court may choose not to apply the evidence of the appraisal.When the court applies the appraisal opinion entrusted by the individual,its probative force should be discussed in different situations and cannot be simply recognized or denied.In view of the phenomenon of “secret identification” such as sending samples in practice and not providing identity information,it is necessary to strengthen management and control.This requires a complete personal entrustment process.If it is necessary to identify based on the requirements of the administrative organ,the administrative organ shall issue a specification to the party to prove the purpose of the appraisal.If the appraisal is made forpersonal needs,the two parties shall apply to the appraisal center as much as possible.If the sample is sampled on the spot and the sample is sent for special reasons,the source of the sample shall be indicated and the source of the test shall be verified by the appraisal agency.The opinion is invalid.Minors born with artificial assisted technology need to set special rules in the field of paternity testing to strengthen the protection of such special minors.In principle,the subject of the application for identification does not include parents and family members who agree to artificial conception,sperm and egg providers and their family members,and surrogate mothers,with the exception of special reasons.In the appraisal process,if one party raises an objection and submits relevant materials,the appraisal procedure shall be terminated.