[Direct answer]In the Beijing area, refusing to undergo a paternity test does not necessarily lead to a loss of the case, but the refusing party will bear clear legal risks. The rule is: if the party claiming to confirm or deny the paternity relationship has provided necessary evidence to prove it, and the other party refuses to undergo a paternity test without providing counter-evidence, the court may determine that the claimant's claim is established; in inheritance cases, this means that the child's identity being confirmed or denied directly determines whether they can participate in the inheritance as the first-order heir. However, if there are legitimate reasons for refusal, such as the loss of samples, physical reasons, or insufficient appraisal materials, the court will make a judgment based on the overall evidence and will not make mechanical presumptions. The basis for this is Article 39 of the "Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court" (effective January 1, 2021), as well as Articles 1073 and 1127 of the "Civil Code of the People's Republic of China" (effective January 1, 2021). In litigation, the court can be requested to commission an appraisal and document the refusal of the other party. For more details, please refer to the following link:Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

Almost all such disputes erupt after the death of the decedent: a child previously unrecognized by the family emerges and claims inheritance, while other heirs deny the paternity; one party applies for a paternity test, but the other party refuses to attend, refuses to provide samples, or simply goes missing; the decedent has died for a long time, and samples such as toothbrushes and hair have been lost, making it objectively impossible to conduct a paternity test; there are also cases where one spouse denies that the child is their own, affecting the child's eligibility for inheritance. The party refusing to conduct the test often believes that "if you don't do the test, you don't have to acknowledge paternity", but they don't realize that the law has established presumption rules for this. For more information on the relevant procedures, please refer to the following link:Legal services for inheritance and family property division.

II. Key points of contention

The disputes focus on five aspects. Firstly, the threshold for necessary evidence: the claimant must first provide preliminary evidence. Making unsubstantiated claims does not trigger a presumption. Secondly, the shift of the burden of proof: if the other party refuses to provide counterevidence and refuses to undergo an expert evaluation, the claim is presumed to be valid, and the risk is transferred to the refusing party. Thirdly, the review of legitimate reasons: whether reasons such as the loss of samples, physical or health reasons, or incomplete materials are valid shall be reviewed and determined by the court. Fourthly, the handling of expert evaluations being impossible: when it is objectively impossible to conduct an expert evaluation, the burden of proof reverts to the claimant, who shall bear the consequences of failing to provide evidence. Fifthly, the impact of the results: the confirmation or denial of a parent-child relationship directly determines the scope of first-order heirs and their shares of the inheritance, and may also affect the interpretation of "children" in the will. In the judicial practice of the Beijing area, courts usually explain the consequences first and then organize expert evaluations, keeping a full record of the refusal process throughout the entire process.

III. Professional analysis by Henglue Lawyers

The inheritance dispute in Dongcheng District handled by Attorney Li Yonghui fully demonstrated the judicial logic of "who should bear the consequences when appraisal is blocked". The timeline is as follows: Zhao * died in 2009, his eldest son Zhao *1 died in 2015 without marriage or children, and Guo * died in December 2022. The house involved in the case was purchased in 2000 and registered under Zhao *'s name, which was a marital joint property with a judicial appraisal market value of 5.7465 million yuan. Guo * made a handwritten will on January 28, 2013, leaving her own share to her daughter Zhao *. The disputed issues include: whether the will is authentic, whether it has been revoked, and how to determine the scope of the estate. The parties' claims are as follows: Plaintiff Zhao * requests to confirm the validity of the will, obtain ownership of the house and pay the depreciation fee, divide the bank deposits, and share the appraisal fee of 16,866 yuan; Defendant Zhao *2 claims that the will was not written by Guo * herself, there is a suspicion of forgery, and even if it is authentic, she has no right to dispose of the entire house. The signing of the "Homeowner's Consent Letter" constitutes a revocation of the will. Moreover, the plaintiff should receive a smaller share due to her failure to fulfill her duty of support, and the full funeral expenses should be deducted. The 90,000 yuan deposit and 56,400 yuan rent kept by the plaintiff also belong to the estate. Lawyer's strategy: Apply for Guo *'s sister to testify about the formation process of the will; the court successively commissioned two appraisal institutions to conduct handwriting appraisals, but both were rejected due to insufficient materials. After issuing a consultation notice, no institutions responded. Attorney Li Yonghui argued that Zhao *2 should bear the consequences of failing to provide sufficient evidence to refute the will; at the same time, he demonstrated that the "Homeowner's Consent Letter" does not constitute a revocation of the will and checked the bank statements item by item. Court reasoning and result: Zhao * and Zhao *1 died before the implementation of the Civil Code, so the original "Inheritance Law" applies; Guo * died after the implementation of the Civil Code, so the "Civil Code" applies; the handwritten will is in full form and its validity is confirmed, and Zhao * obtains ownership of the house involved in the case. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. The significance of this case in comparison with the paternity test dispute is that in this case, the identification could not be carried out objectively due to insufficient samples, and the party claiming that the will was false bore the adverse consequences; while the rules of paternity testing go further - if there is evidence and the party refuses to undergo the test without a legitimate reason, the law directly presumes that the claim is established, and the risk of the refusing party is even more severe.

IV. Practical suggestions and legal basis

Legal basis: Article 39 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) (provide necessary evidence; if the other party refuses to undergo paternity testing without opposing evidence, the court may determine that the claim is established); Article 1073 (lawsuit challenging paternity) and Article 1127 (scope of first-order heirs) of the Civil Code of the People's Republic of China (effective January 1, 2021); and the Rules of the Supreme People's Court on Evidence in Civil Proceedings (amended on December 25, 2019 and effective May 1, 2020) regarding the identification procedure and the determination rules for the party holding the evidence refusing to submit it without justifiable reasons. Action list: 1. Fix the decedent's pre-death samples as soon as possible and apply for a pre-litigation identification; 2. Submit a written application to the court for identification during the evidentiary period in the litigation; 3. For the refusing party, retain the notice, service receipt, and trial transcript, and require the court to explain the consequences of the refusal; 4. If objective identification is not possible, turn to organizing an alternative chain of evidence; 5. Pay attention to the three-year statute of limitations, see details here.Legal services for inheritance and family property division.

5. Henglu Law Firm's Reminder

Refusing a paternity test is a double-edged sword: if the other party has solid evidence, refusing it means giving up the right to inheritance; but if the claimant doesn't have any evidence to begin with, refusing it might not necessarily benefit the other party. What really determines the outcome is whether the claimant can meet the necessary evidentiary threshold and whether the reasons for refusing are legitimate. In practice, delaying the process, going missing, or destroying samples will all be recorded as unfavorable facts in the transcripts and service records. When handling similar cases in the Beijing area, it is recommended that the parties involvedBeijing Henglue Law FirmUnder the guidance of professional lawyers, we decide on the appraisal strategy, neither blindly resisting nor giving up our rights easily.

VI. Frequently Asked Questions

Q1: If the other party firmly refuses to take a paternity test, can we win the inheritance lawsuit?

It depends on the evidentiary basis of the claimant. If the claimant has provided necessary evidence such as the birth medical certificate, household registration records, self-admission materials, and the facts of upbringing, and the other party has no contrary evidence and refuses to undergo an appraisal without a legitimate reason, the court may determine that the claim is established, and the claimant obtains the status of an heir, giving the claimant a greater chance of winning the case. However, if the claimant only has unilateral statements and weak evidence, or the refusal of the other party is legitimate and the appraisal is objectively impossible, the court will make a judgment based on all the evidence in the case. The claimant may lose the case due to the inability to provide evidence. The conclusions of individual cases shall be based on the evidence and the court's determination.

Q2: What evidence do I need to prepare if I want to refuse or apply for a paternity test?

The party making the claim should prepare the following documents: a birth medical certificate, household registration information, materials showing the decedent's self-recognition during his/her lifetime, evidence of child support and cohabitation, witness statements, an application for appraisal and records of the other party's refusal (notice, service receipt, trial transcripts), and records of the sealing and transfer of the decedent's samples. If the party refusing the claim claims to have legitimate reasons, he/she should prepare corresponding proofs such as the loss of samples, health conditions, and incomplete materials. The more complete the evidence is, the more basis the court will have for judging the necessity of the evidence and the legitimacy of the reasons.

Q3: Who bears the cost of paternity testing and inheritance litigation?

The cost of paternity testing is charged by qualified institutions on a case-by-case basis, typically ranging from several thousand yuan, with no unified government pricing. If the application is made by the court during the litigation process, the applicant shall pay the fee in advance, and the losing party shall ultimately bear the cost or share it according to the proportion of liability. Inheritance litigation fees are calculated based on the amount in dispute, in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007). For disputes involving the value of real estate, the appraisal fee is paid in advance by the applicant and shared according to the results. Attorney fees are determined through negotiation between the client and the law firm. It is recommended to calculate the costs and expected benefits before initiating the litigation.

Q4: How long does it usually take for such cases to reach a conclusion?

For pre-litigation consultation and appraisal, the report will be issued within two to four weeks after sampling; for appraisal applications in litigation, the court will determine the institution and transfer the materials to the appraiser, and the appraisal period will not be included in the time limit for trial. The first-instance ordinary procedure will be concluded within six months, and the summary procedure within three months; if one party delays or refuses to cooperate, or if it is necessary to reorganize the appraisal or supplement the evidence, the period will be extended accordingly, and the overall process may take half a year to one and a half years. It is recommended to fix the samples and evidence as soon as possible to avoid the failure of the appraisal.

Q5: If you encounter a stalemate where the other party refuses to undergo a paternity test, what should you do specifically?

There are four steps to proceed: First, fix the evidence chain for yourself, including birth certificates, household registration, self-admission, and facts of upbringing, without missing any piece of evidence. Second, submit an application for appraisal in writing before or during the litigation, and keep the application and the service certificate. Third, if the other party refuses, require the court to record the refusal process in the transcript and explain the legal consequences. Fourth, if an appraisal is objectively impossible, promptly turn to indirect evidence and apply to the court to retrieve archives from hospitals, schools, household registration offices, etc. Throughout the process, it is recommended to entrust a professional lawyer to oversee the matter to prevent procedural stagnation.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.