Judgment mother must endure paternity test cuckoo child yes or no?

OLG Oldenburg: mother must tolerate paternity determination
If a child has been the potential consequence of an infidelity, the married mother must in principle tolerate the investigation of the biological paternity of the former lover. The mother can not simply deny the procedure with the argument that the paternity determination endangers the existing intact family and thus the well-being of children, the Higher Regional Court (OLG) Oldenburg ruled in a decision announced on Wednesday, March 8, 2017 (ref. 13 WF 14/17).

In the specific case, it was a today one and a half year old child, which perhaps comes from an infidelity of the married mother with her former lover. Legal father is according to the valid regulations but the husband.

Image: Jasmin Merdan - fotolia

The potential biological father required that the woman allow a paternity investigation. If he is the biological father, he also wants to have contact with his child. This is possible under the law in the case of a "serious interest" in the child, provided that it also serves the interests of the child.

But the mother refused to attend the pedigree examination with her child. This does not serve the welfare of her child. Her former lover is to be regarded as an intruder into an intact family.

The Higher Regional Court obliged the woman in her decision of 14 February 2017 to tolerate paternity. The child's mother threatened the investigation no additional burden on family life, especially since her husband knew about the whole process.

If the biological paternity of the applicant is confirmed, it must be clarified in a second step, if the treatment of the man with his child serves the child's welfare. For this purpose, various allegations raised by the mother would have to be clarified and the child would be taught in a child-friendly manner about the biological father.

In a resolution of 19 November 2014, the Federal Constitutional Court had already ruled that a paternity test must be proportionate (Ref .: 1 BvR 2843/14, JurAgentur report dated 4 December 2014). The presumed biological father can not always demand a paternity test immediately. However, this is different when it is comparatively easy to clarify these questions without affecting the family life of the mother.

A possible treatment of the biological father with his child does not necessarily affect the welfare of the child, if this leads to relationship problems between the mother and the legal father, the Federal Court of Justice (BGH) ruled on 5 October 2016 (Ref .: XII ZB 280/15 JurAgentur Report of 3 November 2016). If it is possible to deal with the biological father, the best interests of the child have priority over the parent's right. If the parents refused to educate the child about his or her descent, the family court would have to take remedial action if necessary. fle