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bj-diagnostik GmbH: The German Genetic Diagnosis Act will Become Effective 01.02.2010 - What Will Change for Paternity Testing?
Date:1/26/2010

ermine the identity of a person, similarly to a traditional finger print. Obviously, politicians were, however, interested in curbing the easy availability of private DNA paternity testing by way of the Genetic Diagnosis Act. However, the law does not protect everyone: Human rights groups, representing immigrants and refugees in Germany, criticize that their clientele is not protected by the law, which explicitly allows (even the compulsory) paternity testing of immigrants who intend to bring their family to Germany.

bj-diagnostik GmbH reminds possible clients that mothers, fathers and children are legally entitled to ancestry or paternity testing. As recently as April 2008 has German legislation passed a bill („Gesetz zur Klrung der Vaterschaft unabhngig vom Anfechtungsverfahren“) to give disbelieving legal fathers (as well as mothers or children) the right to have the biological paternity of a child tested. This bill finally abolished the necessity for fathers to present a “reasonable doubt “about their biological fatherhood to a family court before being granted the right of a simple DNA paternity test. Up to this point in time, the father e.g. had to present a proof that the child’s mother committed an infidelity during the time of procreation. The mother’s consent is still required in this new legal procedure, however, her consent can be replaced by a family court’s if she does not cooperate. Only in very limited cases can a court refuse the father’s right of a paternity test, e.g. if the child’s welfare is in danger.

Based on this first legal innovation many fathers’ interest groups expected more rights for unmarried and divorced fathers as well as for so-called “Zahlvter” (fathers legally
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bj-diagnostik GmbH: The German Genetic Diagnosis Act will Become Effective 01.02.2010 - What Will Change for Paternity Testing? 
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