Brazilian judge recognizes post-mortem paternity without 99.9999% DNA match

A judge in Guararema, São Paulo, has ruled that post-mortem biological paternity can be recognized even if DNA testing does not reach a 99.9999% probability of a link. Judge Marcelo de Freitas Brito determined that a 98.87% genetic link, established through testing with relatives of the deceased, was sufficient to sustain the claim of paternity.

The case involved a woman seeking to include her deceased father's name on her birth certificate. The court considered a combination of DNA evidence from three relatives and testimonies regarding family relationships. The judge noted that the plaintiff was frequently identified as the deceased man's daughter by those close to the family.

In his decision, the magistrate cited precedents from the Court of Justice of São Paulo, which have recognized biological links in cases where the father is deceased and tests are conducted with relatives, even when the DNA percentage is below the standard 99.9999% threshold.