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Provisions on paternity test
2. The judicial paternity test is completely open. The father, mother and children of the parties must agree to face-to-face identification, and relevant valid documents, including ID cards and household registration books, should be brought together. The appraisal results can be used for judicial purposes (registration of household registration, immigration, litigation, etc.). ) can also be used as evidence in court.
Identification of genetic relationship
Genetic theory has confirmed that half of these children's genomic DNA comes from their biological parents. At present, the kinship identification carried out by forensic material evidence specialty includes the following categories:
1. Routine paternity test: This is the most needed paternity test at present, including paternity test of parents and children (also known as triplets) and father and son (or mother and son) (also known as twins). The accuracy of this recognition can reach 99.999999%.
2. Identification of intergenerational kinship: This identification refers to the identification of kinship between great-grandparents, grandparents, great-grandchildren and grandchildren. It also includes simple paternal kinship identification, such as confirming the kinship between great-grandfather, grandfather, great-grandson and grandson, and simple maternal kinship identification, such as confirming the kinship between great-grandmother, grandmother, granddaughter and great-granddaughter.
3. Difficult to identify kinship: In addition to the above two categories, there are still some difficulties in identifying kinship, such as the identification of brothers and sisters (brothers, sisters, brothers and sisters) with suspicious parents, the identification of kinship between uncles, aunts and nieces, and the identification of kinship between uncles and nieces.
Extended data:
Paternity identification refers to the identification of the biological relationship between the defendant's parents and children by using the theory and technology of biology, genetics and related disciplines according to the genetic law of genetic traits between offspring and parents.
The cases involved include: disputes over the support of children born out of wedlock, disputes over property inheritance, identification of biological children caused by the wrong delivery room in the hospital, and claims for abducted and separated children.
Paternity identification is mainly based on the genetic law of simple genetic traits other than human blood type and blood type. Genetic traits are controlled by genes located on chromosomes in the nucleus, and individual characteristics are passed on to offspring through gene transmission between parents and offspring.
Gene transmission follows certain rules. (1) All the offspring genes come from parents, half from father and half from mother. (2) Unless one parent (or both parents) has a certain gene, the offspring will not have the gene. (3) If one parent is homozygous, all offspring will carry the gene. Blood group test is the most commonly used method in paternity test. All blood group systems (red blood cell blood group, white blood cell blood group, serotype and red blood cell enzyme type) are passed from parent to offspring according to Mendel's genetic law, which can be used as the basis for paternity test. However, the results of blood group identification can only be used as the basis for denying blood relationship. Although the non-paternal exclusion rate and the probability of confirming paternity can reach more than 99%, there is still no certainty of 100%. Fingerprint, earwax type, PTC taste blindness, appearance characteristics, pregnancy duration, reproductive sexual intercourse ability and other genetic traits can only be used as a reference for paternity testing. With the development of modern biotechnology, DNA fingerprints can be obtained by hybridization of DNA fragments. When this technology is applied to paternity testing, the probability of random identity can be reduced to one in 30 billion.
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