Soon illegal to perform private paternity tests in Germany?

Started by Drakken, June 26, 2009, 09:19:17 AM

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PDH

I have come to believe that the whole world is an enigma, a harmless enigma that is made terrible by our own mad attempt to interpret it as though it had an underlying truth.
-Umberto Eco

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"I'm pretty sure my level of depression has nothing to do with how much of a fucking asshole you are."

-CdM

Martinus

Quote from: Valmy on June 26, 2009, 09:54:08 AMWhat about my fucking rights asshole?

Sure I support gay rights my whole life but you just cheer on shitting all over mine "in the interests of the child" because forcing men to be parents of children that are not theirs is so fucking just.

Go fuck yourself asshole.  Seriously.
Whoa. You really are emotional about the whole issue. That's rather surprising and disturbing, considering you just got married. Already afraid that your wife is being fucked by other guys?

Drakken

Quote from: Martinus on June 26, 2009, 09:57:31 AM
Quote from: Valmy on June 26, 2009, 09:54:08 AMWhat about my fucking rights asshole?

Sure I support gay rights my whole life but you just cheer on shitting all over mine "in the interests of the child" because forcing men to be parents of children that are not theirs is so fucking just.

Go fuck yourself asshole.  Seriously.
Whoa. You really are emotional about the whole issue. That's rather surprising and disturbing, considering you just got married. Already afraid that your wife is being fucked by other guys?

Well, duh.

As husband, if the wife gets pregnant it is over for him, no recourse, no right, no mercy. He is the father forever even if the child ends up black with an afro on his head, and gets to pay child alimony to the mother while she parties with her gangbang brothas and have laugh about how a stupid twit of a cuckold he is.

Martinus

Quote from: Syt on June 26, 2009, 09:56:50 AM
Btw, the law rules out secret testing. The same law gives fathers the right to have the paternity officially tested. If the mother refuses a court can order a testing. The law is a result of fathers being unable to request genetic testing without resorting to secrecy if the mother refused. The constitutional court decided that fathers must have a legal way to have the biological paternity of their legal offspring tested.

Exactly. So I can't really see what the problem is.

Martinus

Quote from: Drakken on June 26, 2009, 09:59:47 AM
Quote from: Martinus on June 26, 2009, 09:57:31 AM
Quote from: Valmy on June 26, 2009, 09:54:08 AMWhat about my fucking rights asshole?

Sure I support gay rights my whole life but you just cheer on shitting all over mine "in the interests of the child" because forcing men to be parents of children that are not theirs is so fucking just.

Go fuck yourself asshole.  Seriously.
Whoa. You really are emotional about the whole issue. That's rather surprising and disturbing, considering you just got married. Already afraid that your wife is being fucked by other guys?

Well, duh.

As husband, if the wife gets pregnant it is over for him, no recourse, no right, no mercy. He is the father forever even if the child ends up black with an afro on his head, and gets to pay child alimony to the mother while she parties with her gangbang brothas and laugh about how a stupid sod he is.

Are you currently in a long term stable relationship with a woman?

Zanza

The thread title is wrong: it has always been illegal to conduct private paternity tests (of minors obviously) without consent of the mother in Germany. There are two rights that stand against this: the mother's custody and the informational self-determination of the child. The latter is covered by custody, i.e. the mother can decide on it. Against this stands the right of the legal father to know whether he is actually the biological father. Now, to know that, he needs either consent of the mother (they have shared custody) or he needs a court to override that consent.

The only way to legally challange paternity was to file a case in court which then ordered a paternity test. The downside of that was that if it came back negative, there was no way to stay the legal (if not biological) father. Rather, you were immediately no longer related at all to the child legally. This law now opens a way to have a paternity test ordered by court against the will of the mother without the automatic consequence that you are no longer the legal father.

Drakken

Quote from: Martinus on June 26, 2009, 10:00:47 AM
Quote from: Drakken on June 26, 2009, 09:59:47 AM
Quote from: Martinus on June 26, 2009, 09:57:31 AM
Quote from: Valmy on June 26, 2009, 09:54:08 AMWhat about my fucking rights asshole?

Sure I support gay rights my whole life but you just cheer on shitting all over mine "in the interests of the child" because forcing men to be parents of children that are not theirs is so fucking just.

Go fuck yourself asshole.  Seriously.
Whoa. You really are emotional about the whole issue. That's rather surprising and disturbing, considering you just got married. Already afraid that your wife is being fucked by other guys?

Well, duh.

As husband, if the wife gets pregnant it is over for him, no recourse, no right, no mercy. He is the father forever even if the child ends up black with an afro on his head, and gets to pay child alimony to the mother while she parties with her gangbang brothas and laugh about how a stupid sod he is.

Are you currently in a long term stable relationship with a woman?

Of course I am.

I was just pointing, very exaggeratedly, that contrary to fathers in non-married couples, husbands cannot contest the paternity of his child even if all signs point to a negative. He is the legal father without any appeal or recourse. It's all or nothing.

So in a way, I perfectly understand Valmy's stress.

Valmy

Quote from: Zanza on June 26, 2009, 10:01:00 AM
The thread title is wrong: it has always been illegal to conduct private paternity tests (of minors obviously) without consent of the mother in Germany. There are two rights that stand against this: the mother's custody and the informational self-determination of the child. The latter is covered by custody, i.e. the mother can decide on it. Against this stands the right of the legal father to know whether he is actually the biological father. Now, to know that, he needs either consent of the mother (they have shared custody) or he needs a court to override that consent.

The only way to legally challange paternity was to file a case in court which then ordered a paternity test. The downside of that was that if it came back negative, there was no way to stay the legal (if not biological) father. Rather, you were immediately no longer related at all to the child legally. This law now opens a way to have a paternity test ordered by court against the will of the mother without the automatic consequence that you are no longer the legal father.

Alright that sounds good to me.

Quote"This is a Russian warship. I propose you lay down arms and surrender to avoid bloodshed & unnecessary victims. Otherwise, you'll be bombed."

Zmiinyi defenders: "Russian warship, go fuck yourself."

alfred russel

Before everyone gets more worked up, is this even enforceable? What would stop me from getting a do-it-yourself paternity kit based out of another country?
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

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-garbon, February 23, 2014

Valmy

Quote from: alfred russel on June 26, 2009, 10:04:13 AM
Before everyone gets more worked up, is this even enforceable? What would stop me from getting a do-it-yourself paternity kit based out of another country?

Interesting nobody even cares about the fact you cannot use genetic testing to test for diseases and stuff anymore  :P

I am also rather confused by the gender thing.  Can't you usually tell the gender of a child simply via ultra-sound?
Quote"This is a Russian warship. I propose you lay down arms and surrender to avoid bloodshed & unnecessary victims. Otherwise, you'll be bombed."

Zmiinyi defenders: "Russian warship, go fuck yourself."

Martinus

Quote from: alfred russel on June 26, 2009, 10:04:13 AM
Before everyone gets more worked up, is this even enforceable? What would stop me from getting a do-it-yourself paternity kit based out of another country?

Well, you would be fined as the article states.

Martinus

Quote from: Valmy on June 26, 2009, 10:05:36 AM
Quote from: alfred russel on June 26, 2009, 10:04:13 AM
Before everyone gets more worked up, is this even enforceable? What would stop me from getting a do-it-yourself paternity kit based out of another country?

Interesting nobody even cares about the fact you cannot use genetic testing to test for diseases and stuff anymore  :P

I am also rather confused by the gender thing.  Can't you usually tell the gender of a child simply via ultra-sound?

I assume that by the fact that ultra-sound can tell you the gender of the child, the fetus is developed enough to prevent abortion-on-demand, usually.

I assume this law is there to prevent parents from aborting a child simply because it is the wrong gender, early on in the fetus development.

Martinus

Quote from: Valmy on June 26, 2009, 10:03:38 AM
Quote from: Zanza on June 26, 2009, 10:01:00 AM
The thread title is wrong: it has always been illegal to conduct private paternity tests (of minors obviously) without consent of the mother in Germany. There are two rights that stand against this: the mother's custody and the informational self-determination of the child. The latter is covered by custody, i.e. the mother can decide on it. Against this stands the right of the legal father to know whether he is actually the biological father. Now, to know that, he needs either consent of the mother (they have shared custody) or he needs a court to override that consent.

The only way to legally challange paternity was to file a case in court which then ordered a paternity test. The downside of that was that if it came back negative, there was no way to stay the legal (if not biological) father. Rather, you were immediately no longer related at all to the child legally. This law now opens a way to have a paternity test ordered by court against the will of the mother without the automatic consequence that you are no longer the legal father.

Alright that sounds good to me.

I was saying that from my first post in this fucking thread, you fucking drama queen.

Zanza

Quote from: alfred russel on June 26, 2009, 10:04:13 AM
Before everyone gets more worked up, is this even enforceable? What would stop me from getting a do-it-yourself paternity kit based out of another country?
It's of course hard to enforce, but that doesn't mean you should legalize it.

But a foreign test is not admissable as evidence in a German court - which was what the original case in the Constitutional Court was about. Thus the Constitutional Court decreed that the legislators must make a legal way for a father to demand a paternity test (without the automatic consequence of ending paternity if it is negative). This is really just about the rule of law in Germany. You can't infringe upon the informational self-determination of the child without either all custodians (usually the mother and the father) consenting or a court ordering it.

The Larch

Now this thread really got ugly out of fucking nowhere.  :huh: