Every Sunday during the summer, the lawyer Roland Perez gives an update on your rights.
This week Roland you chose to tell us about the paternity search process. Why this choice ?
It is the judicial news of the week that whispered in my ear this very delicate subject must be recognized. Indeed the star of the Spanish song, Julio iglesias otherwise famous also for his love affair, has just been recognized by the Spanish justice as the biological father of a child, who is no longer old enough to be one, since he is 43 years old, and that after a long process where the singer decided to shine by his absence.
So he was recognized as a biological father without defending himself?
In fact, a first trial was held where the court found that in the state of the assertions of the mother who claimed to have, in 1975, on the occasion of a concert of the singer in Catalonia, a relationship with a week with the artist, and in front of the denials of the star, that nothing allowed to establish the filiation requested while the singer opposed any refusal to a test of paternity.
But the mother or the presumed son did not stay there?
What follows is at least unexpected and worthy of a detective film. Imagine that a detective was sent by the boy's family to track one of the singer's children, Julio Iglesias Junior. Thus, while the young Iglesias defied the waves while surfing on the beaches of Miami, the detective could approach the son of the singer and collect without his knowledge, his DNA.
This new and very strong element was therefore invited in a new trial, which this time resulted in a recognition of paternity to the chagrin of the star of the song who had always refused to lend to the famous DNA test. In France, the refusal of a DNA test cost the same mishap to the supposed father of the child of Rachida Dati, the businessman Dominique Desseigne.
So, in France, Roland, the refusal to practice a DNA test as part of a paternity search procedure is equivalent to an admission?
Absolutely. But beware, the child of age can only initiate the action for paternity until the age of 28, which seems different in Spain since the applicant was 43 years old, but perhaps he had already introduced a first trial several years before?
We also remember the exhumation of Yves Montand's body to perform a post-mortem paternity test. Is it still possible today?
Exact. Aurore Drossart claimed to be his daughter - it is true that the resemblance to the artist was troubling - and here too a first judgment in 1994 had declared Aurore Drossart as the daughter of Yves Montand interpreting the systematic refusal of the actor to lend to a blood test like a confession of paternity. And then finally the test had revealed the opposite.
Today the genic expertise on a deceased person is prohibited unless the deceased had agreed during his lifetime;
Without a paternity test, it is impossible to establish parentage?
Yes and no. In fact, proof of paternity can be done by any means (testimonials, letters from the presumed father to the mother, for example). And in the presence of these elements, justice can then order a genetic expertise and thus the famous DNA test for which the consent of the alleged father will be asked and the refusal to submit to it can indeed be analyzed as an admission of paternity.
Going back to Julio Iglesias, did he say that he was appealing the decision?
Yes. His lawyer said, because failing that, the singer will have one more heir, which risks displeasing strongly the other children of the star!
FG / follow it! And good week