Document Type : Original Article
Author
Ph.D. in Private Law, Assistant Professor of Royan Institute: Department of Basic and Population Based Studies in NCD, Reproductive Epidemiology Research Center, Royan Institute, ACECR, Tehran, Iran.
Abstract
In Iran law, a rule known as "FERAASH" is traditionally used to establishing the relationship between children and parents (and, consequently, other relatives). This rule is based on the authenticity of appearances, rather than discovering the truth. So, a child which born to a married woman, belongs to her husband; provided that he had intercourse with his wife, and at least 6 months and at most 10 months have passed from the time of intercourse to the birth of the child (Article 1158 Civil Code). Based on medical advances in the field of DNA fingerprinting, the validity and value of "FERAASH" has been challenged; Because the probative power of medical tests in discovering the truth, obviously is more than "FERAASH", and from this point of view, these two cannot be compared. In the meantime, some authors are in favor of the traditional theory (=FERAASH) and regard it as sacred and worshipful. But others, do not consider any value for FERAASH, against the results of DNA test; so, put it aside. The purpose of this research is analyzing the practical role of DNA fingerprinting in the proof of lineage claims, and its method is descriptive and analytical. As a result, it seems that both of those opinions are extreme and should be moderated: Firstly; FERAASH is not a sacred rule that can always be respected. Secondly; At the same time, the only justifying factor in FERAASH, is not finding out the truth in the lineage; but rather, a range of social benefits and public order and children's rights were also considered in its implementation. The middle way which chosen by this research is using DNA fingerprinting as a "Supplementary Evidence" in the lineage claims; In the sense that any reference to the DNA test results, should be only for completing the traditional proofs in the lineage claims; not as the main or exclusive proof. In this regard, DNA fingerprinting plays a role similar to "secondary oath" in the evidence for proving a claim.
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