A matter of parentage
Ancestry matters are certain proceedings that fall under the jurisdiction of the family courts on the substantive right of descent , which in turn is part of the so-called status law .
According to § 111 Abs. 1 Nr. 3 FamFG the descent matters are family matters . In detail, according to § 169 FamFG:
a) the determination of paternity , i.e. the determination of the existence of a parent-child relationship (§ 169 No. 1 FMFG);
b) the parentage clarification , specifically the replacement of the consent to a genetic parentage test and the tolerance of the taking of the necessary samples (Section 169 No. 2 FamFG) as well as the procedure regarding the right to inspect a parentage report or the handing over of a copy (Section 169 No. . 3 FamFG).
c) the contestation of paternity ($ § 169 No. 4 FamFG).
The procedural law for matters of parentage is regulated in §§ 169 ff. FamFG.
Voluntary Jurisdiction Procedure
As family matters, parentage matters are matters of voluntary jurisdiction according to the FamFG . The previous adversarial procedure (cf. § 640a ff. ZPO old version) was thus replaced by a procedure in which, at least formally, there are no two conflicting parties. The background to this is the greater flexibility of the voluntary jurisdiction procedure with regard to the involvement of other parties involved in the procedure.
Local jurisdiction
According to Section 170 (1) FamFG, the court of the habitual residence of the child concerned is locally responsible. If this does not result in local jurisdiction in Germany, the domicile of the mother and then the domicile of the father are decisive (Section 170 (2) FamFG). If a German court still does not have jurisdiction, the substitute jurisdiction of the Schöneberg Local Court in Berlin also applies in matrimonial matters .
Application requirement and participation
The procedure is only initiated upon application (Section 171). According to Section 172 (1) FamFG, the child and his or her parents and, under certain circumstances, the youth welfare office must also be involved in the procedure if they apply for their participation (Section 172 (2) FamFG). If it is necessary to safeguard the interests of a minor child, the court that has a method counsel to order (§ 174 FamFG).
Effect of the decision
A final decision in a matter of parentage works for and against everyone (§ 184 FamFG). An amendment of the resolution is not permitted; however, if a new parentage certificate is available, the restitution procedure can be carried out (Section 185 FamFG).
