The Role of Social Exclusion in Family Law Cases on the Determination of Biological Parenthood
by Fei An Kersten
Question(s) at stake
In cases where an extramarital affair leads to uncertainty as to the biological parenthood of a child, whether and to what extent the possible consequences of the community’s reaction are taken into account when determining whether a DNA test ought to take place.
Outcome of the ruling
When determining whether a DNA test ought to take place, the best interests of the child have primary importance. Although in the present case the Court recognized the consequences the DNA test may have for the mother and her husband, particularly in relation to the community they are a part of, it was not substantiated with sufficiently concrete arguments that these consequences are so serious as to outweigh the interests of the minor and the man in knowing whether they are related.
Country:
Official citation
Court of Appeal Amsterdam, Judgement of 14 December 2021, ECLI:NL:GHAMS:2021:3973 (Uitspraak Gerechtshof Amsterdam 14 december 2021, ECLI:NL:GHAMS:2021:3973).
Topic(s)
Keywords:
Parenthood Determination of parenthood Biological, gestational, natural parenthood Children's rights Best interests of the child Parental rights Visiting rights
Tag(s):
DNA-test Illegitimate child Indian community Right to know one's origins