The court ruled that two identical twin siblings each pay a child's alimony. The case happened in Cachoeira Alta, 358 km from Goiânia. The decision also states that both names must be on the child's birth certificate and that they must bear half of the medical, pharmaceutical, dental, school, clothing and footwear expenses.
The decision was made in the face of the impossibility of determining, by DNA examination, who is the biological father of the girl, who is eight years old. Besides, neither of them took paternity.
The judge in charge of the case, Filipe Luis Peruca, stated that the bad faith of one of the siblings should not prevent recognition of the author's biological paternity. "One of the brothers, in bad faith, seeks to conceal fatherhood. Such behavior, of course, should not receive den of the Judiciary which, on the contrary, should repress clumsy behavior, "said the judge.
Fernando and Fabrício * are twin twins. This means that they originate from the division of a single egg fertilized by the same sperm. Therefore, they have identical DNAs.
Valéria * states that she had a casual relationship with Fernando and that from this relationship was born a girl. She then went to court with a paternity recognition action. Fernando underwent the DNA test, and when the result was positive, he said that his father was Fabrizio. The brother also did the test and the result was also positive.
There is a more accurate examination that can be used to discover the biological father's identity. His name is Twin Test. However, neither is it conclusive, since it is necessary that one of the analyzed have some mutation. In addition, the parties to the suit were unable to pay for the test, which costs about R $ 60,000.
"It's a very sad attitude, they did not need it. They know the truth, but take advantage of the similarity to escape responsibility, "says the child's mother.
Judge Filipe stated that, "in view of the peculiarities of the case, I consider that the decision that most embodies the concept of justice is that which prescribes the interests and rights of the child, to the detriment of the clumsiness of the defendants."
* Fictitious names
With information from TJ-GO