The Council of States has approved a postulate, with the title “Review of the descent to the right”. This sounds technical, but it is very true to life. The question is, who are the parents of a child are and who is allowed to check the Parenting.
today, The child comes right, regulated in the civil code, from the year 1976. In the case of the former auditors, there were no DNA analyses, and no reproductive medical options, such as surrogacy, which is taken abroad by the Swiss. About 40 years ago, the Roman law was still considered to principle, the mother is always certain (“Mater semper certa est”), while you wanted to give the father in law a similar safe position.
The result of this is that a registered paternity is established by marriage or the recognition by man, is only delete hard again. A man has doubts about his biological paternity, he can perform a genetic test only with the consent of the mother. And even if the biological father is identified, the chances of Change are small.
The interest of the child
it makes for injustice. So also in the case of Christoph Balmer *, about the daily Gazette.ch/Newsnet reported. Balmer was with wife and child initially happy, until, after years of doubt, were at some point to a certainty: He is not the biological father of his son. Since the child was seven years old.
he could not Contest paternity because he had missed the deadline. Dismissing him, the Federal court in January 2018. He would have to pay the first doubts within one month to deadline suits. Therefore, he remains the legal father. This was associated with considerable costs: Balmer paid for the child and the now estranged wife alimony of several Thousand francs per month.
not to come Strictly according to the current legislation, Balmer would be his right. Using the child and adult protection authority (Kesb), and the non-bureaucratic action of the competent district court, he reached, however, that the biological father is identified and he was himself as a father in the civil register is deleted. The Kesb found that it is in the interest of the child to know its biological parentage, and also called on the suspected biological father a genetic test. The Test gave a certainty, and the court transferred the paternity from the legal to the biological father. The judgment is for a few weeks legally.
Thus, the rights and obligations pass to the new, biological father: he takes his son from now on every second weekend to visit, spends with him, holidays, and paid monthly child maintenance. He and his son are trying to build a relationship, after previously only Known. The son didn’t know until recently that the friend of the family is also his father. The father, in turn, had to notify his wife and his children, that there was yet another child.
rights of action
Christoph Balmer expand is now trying, by the biological father, the child support retroactive from the child’s birth to claim back, the amount is far in excess of 100000 francs. With this claim, he had good opportunities, says Martin, Breach of, family law expert at the University of Freiburg.
Such complicated cases could be defused with a modernized law, at least on the legal level, there is a little – emotionally they remain as difficult for the parties Involved. The Federal court had in several Judgments it clear that action was required. “In view of the socio-political Dimension of this issue”, wrote it once, was primary, the legislator has a duty.
After the Council of States has approved the of Claude Janiak (SP, BS), and Andrea Caroni (FDP AR) developed a postulate, is in charge of the Federal Council, to make proposals for a revision of the law.
Only the legal father may bring an action
The challenge will be to safeguard personal rights such as the right to privacy and to improve the legal knowledge of the ancestry and Posterity.
The circle of persons entitled must necessarily be extended, says a legal expert Martin Illegal. Today, only the legal father may bring an action. The child, the mother or the biological father may not challenge paternity. Also would need to be adjusted deadlines according to the Adverse of the Action. To complaints within one month, in this emotionally difficult Situation, in which victims, pushed each and every.
* Name known to the editors (editor-in-Tamedia)
Created: 13.12.2018, 08:31 PM
