Paternity Suit – Who is My Father?
A Paternity Suit is an action filed in order to verify and establish and list the official paternal parent of a child in instances where a father is not listed in his child’s Birth Certificate or in instances when a person is listed as the father of a child, when in point of fact another person is the biological father of the child.
What is a Paternity Suit?
In a Paternity Suit the prosecutor wishes to declare that a certain person is the father of the minor. A Paternity Suit is filed in a Family Court of law, in the residential area where the minor resides. The petitioner can be the mother or father of the minor, the legal guardian of the child, or the minor himself. The respondent is the Attorney General, whose role it is to ensure and protect the interests of the minor for which the suit is filed. For example, there may be an instance where a mother will object to the suit in order to get even with the father, when in fact the minor will be the one harmed.
When to petition a Paternity Suit?
A Paternity Suit should be petitioned in cases where we wish to prove that a certain person is the father of a minor. For example: in a situation where a divorced / single woman wishes to file for Child Support from the minors father, who denies any relationship to the child and claims that he is not the biological father. Is such instances the woman must petition for a Paternity Suit that will enable her to receive Child Support provided that that person is indeed the biological father of the minor. Another situation might be when a man is listed as the father on the Birth Certificate, and claims that he is not the biological father and therefore should be released from the obligation of Child Support and any other obligations to the child. In such a case the man should petition a Paternity Suit to prove that he is not the father of the minor in question.
What criteria influence the court’s decision regarding a Paternity Suit?
The courts will rule in the best interests of the minor, while examining the following main criteria:
- The minor’s right to know the identity of its parents – the International Convention of Children’s Rights, to which Israel has signed and joined, recognizes this right as a fundamental right of a minor. This a fundamental right of a person to be entitled to know his origins and religious and national background from which he came and that often influence his identity.
- Physical and emotional protection of the minor – there are cases in which the courts will deny a Paternity Suit due to a real risk of physical and emotional damage to the minor which outweighs the benefit of the proof of paternity.
- The risk of illegitimacy – in the Jewish religion, a bastard is a person who is born to a married woman, and a father who she is not wedded to. This status has dire social and legal ramifications in Israel. Therefore, the Genetic Information Act states that in the event of the risk of illegitimacy, the courts have the right to stipulate that a Paternity Test must not be permitted and the Paternity Suit will be denied.
If the courts rule that it is in the best interests of the minor to know its biological father, it will rule in favor of the Paternity Test.
What is the procedure to obtain a Paternity Suit Tissue Testing?
A tissue testing can only be performed in Israel after a Family Court has issued an order to perform it. Once the order has been granted, the parties and the minor are permitted to have the test performed in one of the authorized institutions. After a few weeks the results of the testing will be given to the court and the parties and the identity of the biological father will be revealed at an accuracy of 99.9%. This test is not part of the health fund government subsidized medications basket and therefore involves payment.
Is a Tissue Testing from abroad admissible in a Paternity Suit?
No. The Genetic Information Act forbids the use of private Tissue Testing performed abroad. The parties are required to perform the Tissue Testing in one of the authorized institutions in Israel.
Can a certain person be obligated to participate in a Tissue Testing?
Yes. The Genetic Information Act grants the courts the authority to compel a man to perform a Tissue Testing if the circumstances in the Paternity Suit are justified. If the man refuses to perform the Tissue Testing the court has the authority to fine or arrest him in accordance with Contempt of Court Ordinance. It should be noted that in any case, the family court is entitled to use the man’s refusal to conclude any justified conclusions, depending on the circumstances, including to determine that the man is the biological father of the minor. This ruling has significant implications, such as the obligation to pay child support. It should also be noted that the father can use the ruling to determine visitation rights if the mother refuses the father meet with the minor.
If you are interested in petitioning the courts for a Paternity Suit, it is highly recommended to consult an attorney who specializes in family law and especially Paternity Suits.
Klarfeld Law Offices has extensive experience in Paternity Suits and can professionally thoroughly aid you in the procedure.