Legal Question in Civil Litigation in Puerto Rico
DNA-Test
I am currently in court because an alleged sibling is claiming to be my sister. She has no birth certificate, and supposedly my father -- who is now deceased -- never recognized her. Now, for DNA to be done, does she need to be tested with samples of my father's hair, etc., or would my blood suffice to prove her legitimacy? I would appreciate any information or suggestions that you can provide.
1 Answer from Attorneys
Re: DNA-Test
My understanding of genetics and DNA is that
a comparison of yours and your alleged
sisters will not answer the question as to
whether she really is your sister. Her
mother, your father, and her blood (dna)
must all be tested and compared for this
comparison to be made
A more interesting question is why you are
in Court? If this is a Surrogate's
matter, and she is intervening because
she claims to be an heir, then she has
the burden of proving she is the child. If
this is a matter of her being named in a Will
as an heir and being listed as a daughter,
the designation of daughter is descriptive
not binding, and she would still inherit
whether she is or is not your sister.