Parentage clarification

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The descent clarification is a process for the enforcement of the since 2008 in the German family law regulated right to determine the biological parentage of a child . In particular, § 1598a of the German Civil Code (BGB) was inserted into the German Civil Code with effect from April 1, 2008 through the law to clarify paternity regardless of the appeal procedure .

meaning

In contrast to the legal status determination of paternity according to Section 1600d BGB regulates the procedure for the clarification of the parentage, the isolated, so-called clarification of the parentage without legal consequences from a presumed biological, but not legal father. It serves to realize the right of the legal father to know the parentage of his child, but has no maintenance or inheritance consequences .

Procedure

According to § 1598a BGB, the father can request from mother and child, the mother from father and child and the child from both parents to consent to a genetic ancestry test and to tolerate the taking of a sample required for the test.

If the consent is refused, it can be replaced by the family court. The relevant procedure is a matter of parentage according to § 111 Abs. 1 Nr. 3 FamFG a family matter and as such a procedure of the voluntary jurisdiction . The family court can suspend the proceedings if there is reason to fear that the well-being of a minor child would be seriously impaired , which would make the conduct of the proceedings appear unreasonable for the child, also taking into account the interests of the other party.

Individual evidence

  1. ↑ BGBl. I p. 441
  2. ↑ Law on the clarification of paternity independent of the avoidance procedure , DIP ID: 16-9496.
  3. ↑ BVerfG, judgment of November 24, 2015 - 1 BvR 3309/13
  4. ↑ BVerfG, judgment of February 13, 2007 - 1 BvR 421/05
  5. ↑ cf. For example, Munich Higher Regional Court, decision of 14 June 2011 to 33 UF 772/11