Although the judgment of the Vigo Court is recent, this court case was born already in 2014. The judge of First Instance ruled in favor of the man in his paternity claim, but the mother of the minor appealed to the provincial body to request the revocation of said sentence and the dismissal of the claim. An allegation that has not been addressed, since the Sixth Section, except for a small modification, confirms the first resolution in its entirety.
The irrefutable biological evidence
There is irrefutable proof. And that is the result of the DNA analysis carried out by the National Institute of Toxicology and Forensic Sciences with the biological samples of the father and the minor. The magistrates emphasize that it gives a result of “Extremely high probability of paternity” which is estimated at 99.9999999%. Something that is also corroborated with a series of photographs contributed by the man, in which he is seen with the mother of his daughter when the woman was pregnant and later when the girl, who was born in 2007, was still a baby.
Faced with the woman’s allegation that those photos do not prove any romantic relationship, for the room they reveal “Attitudes and behaviors” that correspond “to normal and habitual in couples with a common child”. They go beyond, they interpret, a mere relationship of friendship or companionship. The sentence could still be appealed to the Supreme Court.
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