Particle.news

Buenos Aires Courts Recognize Daughters After Post‑Mortem DNA Tests

Sibling DNA comparisons plus court orders forcing sample collection have enabled unrecognized women to correct civil records, begin succession claims, and add a paternal surname.

Overview

  • Two separate civil courts in the Province of Buenos Aires accepted post‑mortem filiación claims and formally recognized women as daughters of men who died without legally registering them.
  • Judges relied on indirect genetic testing that compared sisters and other relatives when the alleged fathers were deceased, producing extremely high probabilities and parental‑index figures treated as decisive evidence.
  • In General Rodríguez the court compelled a reluctant half‑sister to give a sample, an expert report from the Asesoría Pericial de La Plata returned a Total Parentage Index in the millions, and the judge ordered inscription of the filiación and allowed the claimant to start succession procedures.
  • In General San Martín a genetic study with siblings produced odds greater than 530,000 to one and a >99.99% probability of shared paternity, prompting the court to update the birth record and permit the woman to seek inclusion among heirs.
  • Judges framed the rulings around the constitutional right to identity, confirmed courts’ power to require cooperation in DNA testing, and signaled that unjustified refusals to submit samples can be treated unfavorably in filiación and inheritance disputes.