La negativa a realizar la prueba biológica de paternidad en la jurisprudencia española. Comentario a la SAP Pontevedra, de 23 de septiembre de 2021

Zusammenfassung

Scientific evidence has become essential in filiation proceeding in Spain, even though a defendant in a filiation suit may refuse to submit to a DNA test to establish the paternity link. In those cases, the tribunals must value the conduct of the litigant that obstructed the establishment of certain fact (the biological parenthood) and may resolve the question of paternity through the assessment of other relevant evidence. This is the case of the judgment of 23 September 2021 of the Provincial Audience of Pontevedra that rejects the appeal interposed against the sentence of the Court of First Instance. After summarizing the relevant facts, the paper discusses the reasoning of the resolution and relates it to prior case law to know when the paternity can be established (or not) without DNA evidence according to our judicial precedent.