The Denial of Fatherhood in Moroccan Law and the Dutch Public Order Exception
by Fei An Kersten
Question(s) at stake
Whether the court may refuse to apply foreign law, in this case Moroccan law, on the basis of the public order exception if a request for the denial of fatherhood is not available for the requesting party under that law.
Outcome of the ruling
In light of the unequal right between men and women concerning the competence to file an application for the denial of paternity under Moroccan law and in view of the protection of the applicant’s newly founded family, the foreign law should be disapplied on the basis of Dutch public policy.
Country:
Official citation
District Court Rotterdam, Judgement of 27 January 2010, Case nr 327767/ F2 RK 09-694, ECLI:NL:RBROT:2010:BL1502 (Rechtbank Rotterdam 27 januari 2010, Zaaknr 327767/ F2 RK 09-694, ECLI:NL:RBROT:2010:BL1502)
Topic(s)
Keywords:
Kinship and filiation Parenthood Fatherhood Denial of fatherhood Applicable law Rights and freedoms Right to respect for family life Limitations and justifications Public order