http://euronews.net/create_html.php?page=detail_info&article=406347&lng=1

Boost for German fathers contesting paternity

February 14, 2007, EuroNews (GER)---A landmark case in Germany has made it easier for men to contest paternity of a child.

A federal court in Karlsrühe ruled that secret, non-consensual DNA tests can not be accepted as legal proof in court. However, recognising that men have a right to know for certain whether they are the biological father of a child, it asked for the law to be changed.

Frank S. doubted he was the father of a girl, now 12, for whom he pays 316 euros a month in maintenance. He says that when the mother refused to give consent for a DNA test, he had no legal chance of getting one. So he took a piece of the girl's used chewing gum for a secret analysis, which confirmed his suspicions.

The court claimed it could not accept it as evidence but ordered new German legislation to redress the balance for cheated men. To the satisfaction of Frank S.' lawyer, a man's doubt alone will be grounds for a test without the need for the mother's permission. The new law must be in place by April next year.

Frank S. lost his bid to have the secret test accepted, but his case paves the way for a fairer system in the future.