Changes to paternity testing law in Germany

Following a ruling from Germany's Bundesverfassungsgericht (the Constitutional and therefore highest court in Germany) on February 13th 2007, the German Bundestag has been forced to create new laws regarding paternity testing. Passed on February 21st, these laws will come into effect on 31st March 2008.

So what do the changes mean?

While "secret" testing remains illegal, fathers, mothers and children have the right to find out their origins.
And this right can be exercised by use of a court order.
Thus, whereas previously, for example, a mother could block an estranged father from legally testing just through her own wishes, now a father can apply to the court directly and, if it is decided that child will not significantly suffer from the information, obtain the test regardless of the refusal from the opposing parties.
If paternity is excluded, the time limit for refusing legal paternity (Anfechtung der Vaterschaft) recommences.

Additionally, the law changes mean that an Anfechtung does not have to already be in process before the application for such a test occurs.
For more information: Bundestag.de
Previous TT thread on paternity law

Great news. Oddly enough, the Bird of the Year 2008 is the Cuckoo... Kuckuck in German... and Kuckuckskinder are children of a marriage whose father was... well, not the woman's husband. Coincidence?

Now this law just applies to men who're already legally recognized as the father of a particular child, right? Not to men who aren't married to the mother of a kid they'd like to prove is theirs? I'd swear we've had threads on TT on the latter situation before... anyone know if the law's going to change in that regard as well?

Yes, before you had to appeal your status as the father (which was extremely difficult if the mother opposed to any tests) but now you have the right to find out if it's really your child (without changing your legal status as the father).

Well, this is a topic that usually generates heated debate. I just think there must be a punishment for women who do this sort of thing...particularly when they do it on purpose. I had a colleague several years ago who went through this. After he busted up with his wife because of rampant cheating, she dropped the bomb on him that the middle child wasn't his. Her explanation for why she'd done it was something along the lines of "nur so". The worst thing was, out of spite she dropped the bomb on the kid too and started trying to develop a relationship between the girl and the sperm donor. WTF is wrong with people?

Dan, that is ambiguous. Being a "sperm donor" generally does not involve having sex. I cannot see a woman going through IVF "nur so" (or in good plain English: for the hell of it). May as well call the guy the biological father. But I don't get her wanting to establish a relationship between a nur-so-fuck and the results thereof.

As far as i know after the child is a year old then the Paternity is not recognised.Meaning that after a year and the so called father finds out he is not the dad he is still legally obliged to pay for the child in question.stand corrected if this is valid no more.

A more recent article on the same topic: Mehr Rechte für Scheinväter