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Top court upholds paternity even if blood ties disproved by DNA test

Kyodo

Paternity can’t be revoked by a DNA test alone, even if the results prove no biological relationship between father and child, the Supreme Court ruled Thursday.

Making its first judgment on the issue, the top court overturned lower court rulings nullifying paternity if the test proves no blood tie.

At the heart of the issue is whether it is possible, on the grounds of DNA analysis alone, to sever paternity if a child born after the marriage of his or her legal parents is found not to be the father’s biological offspring.

Under the Civil Code, a married woman’s husband is considered the legitimate father of her child.

In the past, the top court ruled that paternity can be revoked in exceptional cases, such as when it is clear that there is no marital relationship because, for example, the couple live separately.