《民法典》第1073条确立了亲子关系异议之诉，但是对于该规定所涉及的诉讼性质、主体、起诉条件、证据证明等问题在学界和司法实践中存在诸多争议。随着法律规定的更新，非婚生子女和婚生子女在法律地位以及婚生子女的生父、生母的权利义务逐渐明确。随着《民法典》的出台，亲子关系异议之诉在学术研究和司法实践中的探索以法律规定的形式被确认。本文立足于学术研究和司法实践的现状，立足于“寻根溯源”情结的悠久传统，指出现代文明下，亲子关系经历了从血缘本位到社会本位的演变，亲子关系本身的社会意义更具有价值，即使在不具有血缘关系的父母与子女之间，多年的养育之情并不应当被一纸亲子鉴定给否认，感情不忠的一方也不应当享有凭借一纸亲子鉴定就可以否认对方和子女之间的亲子关系的权利。有鉴于此，认定亲子关系不应当采血缘决定论，婚生推定血缘关系从而确认亲子关系的逻辑陷入唯血缘论的桎梏。从子女利益最大化和维护婚姻和家庭稳定的价值出发，婚生关系和血缘关系都可以直接作为亲子关系的来源，二者通过法定的方式实现了统一，都是法定亲子关系。立案登记制下，《民法典》第1073条中的“正当理由”不应当是起诉条件，其本质上是诉的利益，应当作为诉讼要件在诉讼中出现，在复式平行诉讼的结构下，对于其审查应当贯穿于诉讼的任何阶段，不具有“正当理由”的亲子关系异议之诉，应当根据其所处的诉讼阶段被判决驳回诉讼请求，或是裁定驳回起诉。诉讼主体方面，潜在的生身父母具有提起亲子关系异议之诉的原告资格，对于可能破坏亲子关系安定性的诉讼主体，可以通过不具有“正当理由”这一诉讼要件的审查被消极处理。从《民法典》第1073条的文义来看，亲子关系否认之诉的主体排除了成年子女，未成年子女不具有提起亲子关系异议之诉的主体资格，这在有些情况下不利于子女权益的保护，应当引起学界、立法和司法实践的重视。亲子关系异议之诉包括非婚生子女确认之诉和婚生子女否认之诉，二者的诉讼性质都是形成之诉，具有面向未来的对世效力和面向过去的追溯效力。亲子关系的证明妨碍制度有其特殊性，以一方提供必要证据和另一方实施了证明妨碍行为的方式完成，法院在适用时，需把握好必要证据的标准等问题，做好诉讼制度的衔接。

Article 1073 of the Civil Code establishes a paternity disputation lawsuit, but there are many controversies in academia and judicial practice regarding the nature of the lawsuit, the subject, the conditions of prosecution, and the evidence. With the updating of legal provisions, the legal status of non-marital children and marital children has undergone a development process from inequality to complete equality. The rights and obligations of the biological father and biological mother of non-marital children have gradually become clear. With the introduction of the Civil Code, the exploration of paternity disputation lawsuits in academic research and judicial practice has been recognized in the form of legal provisions.Based on the current status of academic research and judicial practice, based on the long tradition of "searching for roots", it is pointed out that under modern civilization, the parent-child relationship has undergone a transformation from blood relationship to social relationship, and the social significance of the parent-child relationship itself is more valuable. Even between parents and children who do not have a blood relationship, many years of nurturing should not be denied by a paternity test, and the unfaithful party should not have the right to deny the relationship between the other party and the child based on a paternity test. In view of this, the recognition of the parent-child relationship should not adopt the blood relationship determinism. The logical reasoning of presuming a blood relationship from a marital relationship and thus confirming the parent-child relationship is inappropriately determined by blood relationship theory. Starting from the value of maximizing the interests of children and maintaining the stability of marriage and family, both marital relationship and blood relationship can directly serve as the source of the parent-child relationship. The two are unified through legal methods and are both legal parent-child relationships.Under the case-filing registration system, the "legitimate reason" in Article 1073 of the Civil Code should not be a condition of prosecution. Its essence is the interest of the lawsuit. The "legitimate reason" should appear in the lawsuit as a litigation element. In the structure of duplex parallel lawsuits, its examination should permeate any stage of the lawsuit. For complaints of objection to parent-child relationship without a "legitimate reason", the court should rule to dismiss the prosecution or dismiss the cause of action according to the stage of the lawsuit it is in. In terms of the subject of the lawsuit, potential biological parents can file the complaint of objection to parent-child relationship as the plaintiff. If the subject of the lawsuit who may disrupt the stability of the parent-child relationship initiates a lawsuit, the court can respond through the examination of the litigation element of "no legitimate reason". According to the literal meaning of Article 1073 of the Civil Code, adult children are not qualified to file a complaint of objection to parent-child relationship, and minor children are not qualified to file a lawsuit to object to the relationship between parents and children, which is not conducive to the protection of the rights and interests of children in some cases, and this should arouse the attention of academia, legislation, and judicial practice.The complaint of objection to parent-child relationship includes the lawsuit for confirmation of illegitimate children and the lawsuit for denial of legitimate children. Both of them belong to the lawsuit of formation, which has the effect of facing the future and the retroactive effect of facing the past. The system of proving obstacles in the relationship between parents and children has its particularity. It is completed by one party providing necessary evidence and the other party implementing the act of proving obstacles. When the court applies it, it needs to grasp the standard of necessary evidence and do a good job in the connection of the litigation system.