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Mistaken fathers can find out who's the daddy

The Local · 10 Nov 2011, 07:22

Published: 10 Nov 2011 07:22 GMT+01:00

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The Federal Courts of Justice ruled on Wednesday that mothers no longer had the right to keep the mistaken men in the dark – and had to tell them who the real daddies were.

This continues a legal trend in Germany of making it increasingly difficult for mothers to hide the identity of the father of their children – the Constitutional Court recently ruled that children had the right to discover who their fathers were. Its judgement put the right of the child to know, above the right of the woman to keep the secret.

Now the rights of a man to discover the identity of the actual father of a child he thought was his, has also been set above that of the mother to keep that knowledge for herself.

The case in question involved a man whose partner had a baby shortly after they had split up, and who said she thought he was the father. Yet a test showed that he was not the father. He wanted to claim repayment of around €4,500 that he had given her for baby equipment and maintenance – from the actual father who has since started paying maintenance.

His former partner refused to tell him who the father was, and he sued. The administrative court in Rendsburg, Schleswig Holstein, found in his favour, as did the Higher Regional Court in Schleswig, but she appealed.

Story continues below…

Now the federal court ruled that although the decision impinged on her right to privacy, she had given up a degree of that by initially naming the wrong man as father.

DPA/The Local/hc

The Local (news@thelocal.de)

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Your comments about this article

09:02 November 10, 2011 by asteriks
She had sex with more men and choose richer one to pay for child:)
09:33 November 10, 2011 by showtyd75
thats true
09:43 November 10, 2011 by britmonk
How do you know he was the richer one? In my experience it's often the poorer, slightly more gullible guy.
11:37 November 10, 2011 by raandy
This is a win for the all men, now that the technology is here to allow us a true test, it should be standard in all paternity cases where the man is doubtful he is the father.

Justin Bieber has agreed to a DNA test in his paternity suit .

Any money paid out for support should be paid back by the real father.
13:31 November 10, 2011 by amaticc
Why real father? Why not mother?

Ithink than in Poland or Czechia mother can go up till 5years in jail for pointing on a wrong father.
14:23 November 10, 2011 by golfcricket
Every woman know exactly who the father is, and if there's any doubt then DNA is the next step.. The woman should be punished and deemed to be unfit for a mother.
17:25 November 10, 2011 by Englishted

Don't be stupid of cause not all women know who the father is .

And how are the women who don't want to say going to be forced?

all the women need do is say they are not sure and then?

The woman in this case has still not said who the father is ,and when it goes to the European court of human rights they will overrule the German courts and then?
18:41 November 10, 2011 by haggastimes
About time men are getting their balls back: http://goo.gl/obiC
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