Cutral Co court confirms paternity without DNA test

An appeals court in Cutral Co, Argentina, has upheld a ruling establishing the paternity of a 50-year-old woman, despite the absence of a DNA test. The Chamber of Appeals 2, composed of judges Pablo Furlotti and Manuel Castañón López, rejected an appeal from the defendant, who had refused to undergo genetic testing.

The court determined that the decision was not based solely on the lack of genetic evidence, but on a comprehensive evaluation of the defendant's conduct during the legal process. Under Article 579 of the Civil and Commercial Code, a refusal to undergo a genetic test can be interpreted as a serious indication against the person resisting the study.

The defendant had initially acknowledged a romantic relationship with the woman's mother and requested a DNA test, but subsequently failed to appear for scheduled examinations. While the defense argued that notifications were improper, the court ruled that the defendant's behavior was “passive, dilatory, and obstructive,” ultimately violating the plaintiff's fundamental right to biological identity.