Man discovers he is not the father of a child and will be compensated by his ex-wife in SP
A man will be compensated by his ex-partner after discovering, through DNA testing, that he is not the biological father of the child he had registered. The decision was released this Monday (29) by the TJSP (São Paulo Court of Justice) and provides for reparations of R$30,000.
The decision of the 6th Civil Court of Araraquara to convict the woman for false imputation of paternity was maintained, in part, by the 7th Chamber of Private Law of the Court of Justice of São Paulo.
The compensation awarded to the man was set at R$10,000 for material damages, due to the financial assistance he provided to the child, in addition to R$20,000 for moral damages.
The decision, however, accepted the defense request of the co-defendant, the child's real father, for the requests made against him to be considered unfounded. In the 1st degree, he had been sentenced jointly and severally to pay material damages.
The discovery of false paternity
According to the records, the father who registered the child believed that the child was the result of his relationship with his ex-partner.
The child's biological father, however, noticed physical similarities between himself and the child, which led him to look for the mother and request a DNA test, years after birth. The examination resulted in the discovery that the pregnancy was the result of a casual relationship between the two.
The vote was unanimous and judge Pastorelo Kfouri, rapporteur of the appeal, states that the situation violated the dignity, honor and family identity of the author, who registered the child as a son and assumed emotional, social and material responsibilities.
"The mother is not required to have technical certainty about biological paternity before carrying out a genetic test. What is recognized is that, given the concrete possibility that the child was a third party, the omission of this circumstance violated the duties of good faith, loyalty and transparency that also guide family relationships", stated Kfouri.
In addition, the judge clarified that the money paid for the child's pension cannot be returned, as it is essential for the child's support. However, the mother may be held financially responsible, considering that the defendant intentionally concealed that there were doubts about paternity.
Pastorelo Kfouri also noted that it was not demonstrated that the biological father participated in the omission or knew of the paternity before the examination.
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*Under the supervision of Carolina Figueiredo
Source: CNN