Lawyers
Paternity claim
Who is the father?
A paternity suit is a declaratory suit aimed at determining or denying a man’s paternity of a minor. Clarification is usually done through a tissue test and its results have personal and legal implications for the parties.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
What is a paternity claim?
The need to file a paternity suit usually arises when the mother seeks to claim alimony from the father, but he denies his paternity. In such a situation, the mother will be required to first prove the paternity of the man and then the court will be able to charge him with alimony. The remedy in a paternity suit is a declaratory remedy, that is, the court is asked to declare the defendant as the father of the child, a declaration which has vast consequences. How is paternity proven? Generally, through a tissue test, unless there is a concern that following the test, the minor may be declared a bastard.
In this situation, the mother can file a civil paternity claim, in which the man’s paternity will be established through other evidence. What happens in a situation where the man refuses to perform the genetic test? First, the court can also determine paternity based on other evidence indicating that there was an intimate relationship between the parties at the relevant times. Second, refusing a court order can be considered contempt of court, which means that a fine can be imposed on the defendant as well as prison time.
The implications of a paternity claim?
When a declaratory judgment is rendered, regarding the paternity of the defendant, first and for most there is an emotional meaning to this. Apart from the emotional aspect, this information is also important for medical purposes, for example for the purpose of clarifying genetic diseases. In addition, with the recognition of paternity, the child also has the right to inherit according to law, which means that he will inherit the father’s property upon his death, unless the father has provided otherwise in his will. Determining paternity creates an obligation for the father to pay alimony, which is entirely on him until the child reaches the age of 6.
After that, there will be equality in the burden of child support between the parents, depending on the length of stay of each of them with the child and the ratio of their incomes. Along with the alimony obligation, the father has a right to custody, to meet the child and to be involved in his life and the way he grows up. In the absence of any other consent between the parents, the presumption of infancy will apply until the age of 6, that is, the child will be in full custody of the mother and the father will have sight arrangements. There is also the possibility of determining joint custody or similar lengths of stay, all depending on the circumstances of the case.
Paternity claim for deceased
There are cases where the father died before proof of paternity, is it possible to file a paternity claim in such a situation? The answer to this question is in the affirmative, even though the deceased cannot express his position regarding the claim. The justification for this stems from the best interests of the child, who is entitled to know who his biological father is for all the consequences of this as we have described above. Similar to a regular paternity claim, a genetic test will be performed here as well. How? The most accurate way is by removing the body of the deceased, however it is a very complex and sensitive procedure, which usually provokes opposition from his family.
The alternative way is through an examination of first-degree relatives of the deceased, which can determine whether the deceased is the biological father of the child. And what happens when it is not possible to perform a tissue test in any of these alternatives? The court is empowered to declare paternity even without it, but this requires strong evidence attesting to the paternity of the deceased
Legal support in a paternity suit
Our firm has extensive experience in paternity claims and in defending them.We invite you to coordinate an introductory meeting and legal consultation without obligation so that we can examine together all the aspects of the paternity claim and its consequences and take care of your rights in the optimal way and with the appropriate sensitivity. Call 02-5953322 and arrange a consultation meeting or send a WhatsApp to the number 050-811-6181 and we will get back to you.
