Malaga court delays leave family waiting eleven years for paternity test results

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The claimant died aged 75 without proof of her lineage; her children now seek the exhumation of three bodies to resolve the inheritance dispute

Irene Quirante

Friday, 6 March 2026, 15:34

A woman from Malaga province died last year at the age of 75 without ever confirming the identity of her father due to court delays. Eleven years after the start of the case, her children continue fighting for an exhumation and DNA tests to take place.

The woman was born from an extramarital affair allegedly between a wealthy Malaga entrepreneur and a woman whose husband had disappeared during the Civil War.

Background of the claim

• The allegation: The deceased woman was allegedly the daughter of a wealthy Malaga entrepreneur and a woman whose husband had disappeared during the Spanish Civil War.

• The evidence: Family lawyer Fernando Osuna cites a significant physical resemblance and multiple witness testimonies confirming the extramarital affair.

• The legal hurdle: To confirm the link, the court must authorise the exhumation of a shared burial site containing three bodies, including that of the alleged father.

Due to the alleged father's refusal to recognise the child and financial hardships, the woman took her to a religious institution. The girl grew up there until she came of age.

According to the family's lawyer, Fernando Osuna, her documents state that she was the child of her mother's husband.

Osuna says that the case has been stuck in the court of Vélez-Málaga for eleven years. In order to prove paternity, the court must authorise the exhumation of three bodies that share a burial site. One of them is the supposed father of the deceased complainant.

According to Osuna, there were several people who knew of the extramarital affair. In addition, the complainant bore "a significant physical resemblance" to the entrepreneur.

The man's inheritance has gone to other people. Now, his alleged grandchildren are pursuing the case and trying to prove the family ties. One of them suffers from ALS and great financial difficulties. In theory, the law speeds up proceedings in such cases, but this matter has been paralysed.

The woman's descendants are also claiming compensation from the Ministry of Justice after "years of paralysis in the court".