Paternity recognition in São Paulo
Voluntary recognition at the notary, judicial paternity action with DNA testing, and the effects on support and inheritance. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsRecognized or adjudicated, the child has the same rights: name, support and inheritance (CF, art. 227, §6º). Voluntary recognition is a simple notarial act when the father wishes to register; the paternity action is the judicial route for those who must prove it — with DNA testing whose unjustified refusal creates a presumption against the alleged father (Súmula 301/STJ).
The paths of paternity recognition.
- Voluntary recognitionDeed or record at the notary: the father who wishes to register the child does so by a simple — and irrevocable — civil registry act.
- Paternity investigation actionThe judicial action to establish filiation: proof of relationship, witnesses and DNA testing.
- DNA testing and refusalUnjustified refusal to take the test creates a presumption of paternity (Súmula 301/STJ) — the point that decides most cases.
- Post-mortem investigationPaternity investigated after the alleged father's death — with exhumation for DNA or indirect proof, and effects on the estate.
- Registry correctionRectification when the registered paternity does not match the biological — annulment or suppression of the record.
- Resulting support and inheritanceRecognition opens the way to support and a share of the father's estate — we coordinate the follow-through.
- Defense of the alleged fatherContesting the action: proof of biological impossibility, DNA testing and negation of filiation.
DNA is the evidence — and refusing it has a consequence.
The action does not depend on the test alone: indirect proof — the relationship at the time of conception, treatment as a child, photos and messages — supports the claim and grounds the presumption when the defendant refuses DNA. The court weighs the whole picture: unjustified refusal carries the presumption of paternity.
Voluntary recognition is irrevocable: once registered, it cannot be undone. The way back is an annulment action proving a defect — fraud, coercion or material error — or a negation of paternity, actions with specific proof and time limits.
The succession effects are usually what brings the case to a firm: the recognized child — voluntarily or by judgment — is a forced heir, entitled to the legitimate share of the father's estate. In an ongoing probate, a late-established filiation can redraw the division.
Socio-affective paternity is the contemporary point: the STF has recognized that it may prevail over biological filiation when the constituted family bond is what matters (RE 898.060, Theme 622). The concrete case decides which filiation stands — and whether both can coexist.
How we run the case.
- Choose the routeVoluntary at the notary, judicial action or defense — depending on the parties' positions.
- Gather the proofRelationship at the time of conception, treatment as a child, witnesses and messages.
- Produce the DNA testThe official test — and the legal consequence of unjustified refusal.
- Obtain the judgment and registrationDeclaration of filiation, registry correction and the new birth certificate.
- Resolve the follow-throughSupport, inheritance and name — coordinated next.
What to bring to the first conversation.
Documents that speed up the review
Proof of the relationship and the child's documents speed up recognition or the action.
- The child's birth certificate
- Parties' ID documents
- Proof of the relationship at the time of conception
- Messages, photos and records of cohabitation
- Witnesses to the relationship
- Evidence of treatment as a child
- Death certificate, in post-mortem cases
- Prior judgments or registrations
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
How is voluntary recognition done?
At the civil registry notary, by deed or record — a simple act by a father over 16. It is irrevocable: once registered, only a judicial action proving a defect (fraud, coercion, material error) can undo it.
Can the alleged father be forced to take a DNA test?
The judge cannot physically compel him, but unjustified refusal creates a presumption of paternity (Súmula 301/STJ) — in practice, refusing without justification means accepting the filiation.
Does the recognized child inherit?
Yes — recognized or declared by judgment, the child is a forced heir entitled to the legitimate share, equal to the other children (CF, art. 227, §6º). Late-established filiation can alter an ongoing probate.
Can paternity be investigated after death?
Yes — a post-mortem investigation action. DNA can be done by exhumation or by indirect proof with the deceased's relatives. Recognition has succession effects on the estate.
What is socio-affective paternity?
Filiation built through cohabitation, without a biological bond. The STF recognized it may prevail over biological filiation (Theme 622) — and in some cases both can coexist, with effects of each.
How long does a paternity action take?
With DNA produced without resistance, months; with refusal, delayed examination or complex indirect proof, over a year. The refusal-based presumption usually speeds the outcome when well documented.
Is filiation registered — or does it need to be proven?
Send the child's documents and the relationship history: we identify the right route — notary or court — and the follow-through, with a written proposal.