Soon illegal to perform private paternity tests in Germany?

[Valmy]

Again as I said, parental authority must always be exercised in the interest of the child. In this case I fail to see this being done in the interest of the child, and as such can't see how this breach of privacy would be justified.

You have got to be fucking kidding me.

Smoke crack much?  It is not in the interests of the child to know who his or her fucking father is?  Um...yeah I am glad we have tireless child advocates like you out there.

But anyway if paternity tests can still be done via court order than this is probably no big deal.

[Admiral Yi]

Again as I said, parental authority must always be exercised in the interest of the child. In this case I fail to see this being done in the interest of the child, and as such can't see how this breach of privacy would be justified.

Isn't the point of the test to determine who is the parent?

[Drakken]

Not really, no. Parental authority must always be exercised in the interest of the child. I fail to see how in this case the father "consenting" to such sample being taken is acting in the interest of the child. It's akin to a father "consenting" to the kid giving him away its personal assets (e.g. obtained via inheritance) - this would be illegal, too.

"Interests of the child", my aching ass. More like "interests of the mom". Really, this expression justifies any and all encroachment of fathers' rights in Western societies, in which children are used as tools in a war for money, property, and outright pain.

I am talking about fraud and false pretenses, which unless it has changed lately are still crimes under any criminal code. If mommy says that the guy is the daddy while she knows or has doubts that he really is, it is a fraudulent contract, especially one which the poor sod is almost forced to sign. And all this law makes is that the father has even less recourses to find the truth unless he passes by the courts, which is by definition an all-out declaration of war against the mother.

[PDH]

I think anyone who ever tries to breach the privacy of another person, in any way, should be shot into the sun in old Russian rocket boosters.

[Slargos]

Haven't we had this debate before?

The patchouli-brigade concluded that the father should not have the right to reject a child on the basis that it is not biologically "his" and that paternity tests are an abomination.

[Drakken]

Again as I said, parental authority must always be exercised in the interest of the child. In this case I fail to see this being done in the interest of the child, and as such can't see how this breach of privacy would be justified.

Isn't the point of the test to determine who is the parent?

All of this would be solved with only three simple words: Mandatory, paternity, test.

[Martinus]

Again as I said, parental authority must always be exercised in the interest of the child. In this case I fail to see this being done in the interest of the child, and as such can't see how this breach of privacy would be justified.

You have got to be fucking kidding me.

Smoke crack much?  It is not in the interests of the child to know who his or her fucking father is?  Um...yeah I am glad we have tireless child advocates like you out there.

Well, in this case the father is not acting to find out who the real father is, but just to confirm or deny whether he is a real father. So the outcome of this test would be to either (i) confirm that he is a father, in which case nothing changes, or (ii) deny his fatherhood, in which case he would no longer be legally obliged to pay alimonies etc. Clearly the outcome is not to the interest of the child (not to mention, if he is not the real father, then he would not have the parental authority to "consent" to such test on behalf of the child in the first place).

Now, most jurisdictions (I assume Germany is not different in this from Poland) have a legal process to determine/deny fatherhood. However, in such cases, the child is formally a defendant, and is represented by a specially appointed attorney (a curator) because clearly the child's legal interests are different than those of the father and the father cannot be assumed to act in the interest of the child.

[Drakken]

Haven't we had this debate before?

The patchouli-brigade concluded that the father should not have the right to reject a child on the basis that it is not biologically "his" and that paternity tests are an abomination.

But mothers can reject their child anytime they want, even though it came through her nostr... I mean uterus.

[DisturbedPervert]

I think it's a misconception. First of all, when it says "all parties involved", I am assuming it means the people whose genetic material is being tested - so unless you want to also take the wife's DNA for the test, you should be fine with just yours and your kid's without her consent (not sure how the issue of consent is addressed in case of minors, but that's another issue whatsoever).

You don't need the mother's material.  Just the child and the father.  This is prohibiting that without the mother's consent.

Anyway, it's good news for would be latharios.  You can fuck German housewives without a condom with no consequences.

[derspiess]

Since when did Marty give two shits about teh childern? 

Wtf is it with Germany & stupid laws these days?

[Admiral Yi]

All of this would be solved with only three simple words: Mandatory, paternity, test.

If we had this we could do away with that silly fidelity fetish.

[Valmy]

Well, in this case the father is not acting to find out who the real father is, but just to confirm or deny whether he is a real father. So the outcome of this test would be to either (i) confirm that he is a father, in which case nothing changes, or (ii) deny his fatherhood, in which case he would no longer be legally obliged to pay alimonies etc. Clearly the outcome is not to the interest of the child (not to mention, if he is not the real father, then he would not have the parental authority to "consent" to such test on behalf of the child in the first place).

What 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.

Now, most jurisdictions (I assume Germany is not different in this from Poland) have a legal process to determine/deny fatherhood. However, in such cases, the child is formally a defendant, and is represented by a specially appointed attorney (a curator) because clearly the child's legal interests are different than those of the father and the father cannot be assumed to act in the interest of the child.

Yes because when I was a kid I dreamed of the state forcing a father on me who was not my real father.  If only I had had awesome lovers of children like that looking after me.

[DisturbedPervert]

All of this would be solved with only three simple words: Mandatory, paternity, test.

Society would come crashing down!

[Martinus]

"Interests of the child", my aching ass. More like "interests of the mom". Really, this expression justifies any and all encroachment of fathers' rights in Western societies, in which children are used as tools in a war for money, property, and outright pain.

I am talking about fraud and false pretenses, which unless it has changed lately are still crimes under any criminal code. If mommy says that the guy is the daddy while she knows or has doubts that he really is, it is a fraudulent contract, especially one which the poor sod is almost forced to sign. And all this law makes is that the father has even less recourses to find the truth unless he passes by the courts, which is by definition an all-out declaration of war against the mother.

Again, you have a legal process to determine whether you are a father or not. This is subject to certain restrictions, because in parenthood tests there are numerous conflicting interests at stake, and not just that of the father.

In any case, I really can't get worked up over a situation in which you have two guys fucking one woman, and she gets preggers with one of them, but could have equally well got preggers with the other.

[Syt]

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.