Paternity investigation · SPD Advocacia

The father won't acknowledge the child? The courts can secure the name and the support payments

Paternity lawsuit with DNA testing, adding the father's name to the birth certificate and a request for child support. Confidential service in Anápolis, Goiânia and online.

Agreement or lawsuitAttorney-client confidentialityReply via WhatsApp

Straight answer

How does a paternity lawsuit work?

The child, represented by the mother if a minor, asks the courts to recognize the father. The judge orders a DNA test. If the alleged father refuses, the refusal creates a presumption of paternity. Once paternity is recognized, the names of the father and grandparents are added to the birth certificate, and child support can be set from the date of service. The action can be filed at any time, even after the alleged father's death, with testing of relatives.

What the law says

Key points

DNA test

Done by order of the judge. An unjustified refusal creates a presumption of paternity.

No deadline

Recognition can be requested at any time.

Deceased father

The test can be done with relatives, and their refusal also creates a presumption.

Support

It can be requested in the same lawsuit and is owed from the date of service.

Source: Law 8,560/1992, art. 2-A; ECA, art. 27; STJ, Precedents 277 and 301; Law 14,138/2021.

What is your case?

Situations the firm handles

Father refuses

Lawsuit with DNA test

Request for recognition with a test ordered by the judge.

Law 8,560/1992
Deceased father

DNA test with relatives

Paternity investigation with testing of the deceased's grandparents, siblings or other children.

Law 14,138/2021
Inheritance

Rights as an heir

The recognized child becomes entitled to the father's inheritance.

Civil Code
Support

Support from service of process

Child support can be requested together with recognition.

STJ, Precedent 277
Socio-affective

Foster father

Socio-affective parenthood can also be recognized.

Case review
I am the alleged father

Defense or voluntary acknowledgment

Guidance for those who were served or want to acknowledge the child.

Case review
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We listen to your case confidentially and explain the options, timelines and costs.
  2. Documents. We organize the evidence and documents of each party.
  3. Agreement or lawsuit. Whenever possible, we seek a settlement. If there isn't one, we file the lawsuit.
  4. Follow-up. Hearings, decisions and enforcement, with updates on WhatsApp.
+5 thousand cases handledTen years of law practicePractice before the STJ and the STFFeatured in G1, UOL, Estadão and TV Globo

Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Who pays for the DNA test?

It depends on the case. People with free legal aid may have the test paid for by the State.

Can the father be required to take a DNA test?

Not physically, but an unjustified refusal creates a presumption of paternity.

Is support retroactive?

Yes. Support is owed from the date the father is served with the lawsuit.

Can it be recognized at a notary office?

Yes, if the father agrees. Voluntary acknowledgment can be done directly at the notary office (cartório).

Do you serve clients outside Anápolis?

Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.