Does a man have the right to deny his paternity of a child? And what are the legal implications of refusing to undergo a tissue test as a result? This is an extremely complex legal issue which has become increasingly relevant in recent years. In this article, an attorney from our office who specializes in family law explains what the law and the courts say about denial of paternity in Israel.
Our legal offices, in Jerusalem and Tel Aviv, specialize in assisting clients with a range of legal issues concerning family law. Our attorneys have extensive, proven experience in legal counsel and representation in processes such as suits for child support, financial agreements, custody battles, etc.
Denying paternity and changes in the modern family unit
In recent decades we have witnessed the family unit undergoing many changes. For example, the number of single-parent families and cases of shared parenthood are on the rise. There are various reasons for this, including a sharp increase in divorce rates in Israel. A related issue, which has become increasingly prevalent in recent years, is proof-of-paternity suits.
In such proceedings, a problem sometimes arises on the basis of a man’s denial of his paternity. The question comes up – how should the court handle this? That is, does Israeli law recognize a man’s right to deny his paternity, and what are the likely legal implications?
When is a denial of paternity likely to arise?
Sometimes it is in cases where the pregnancy was not the result of two people coming together as a couple, and it was neither wanted nor planned. In other cases, it stems from the male partner’s suspicion that the children were born outside the relationship (that is, the children are not his biological offspring). Denial of paternity arises in such cases mainly when a claim of child support is submitted for the child. Legally, this is an extremely complex issue. The primary legal solution is for the man to conduct a test to rule out his paternity, a subject which we discuss in detail in another article on our website. As a rule, such a test is possible in cases where the children are old enough and consent to the test, or when the court decides that the child’s best interests justify performing the test.
As long as the child is still a minor and the father is likely to be asked to pay child support to the mother, a father denying his paternity is likely to lead to conducting a tissue test after the birth or an alternative test during the pregnancy. One of the main complexities here is expressed in cases where the father being sued is already registered as the child’s legal father. This raises the question of whether it is possible to cancel this registration post factum.
Court rulings on the issue
It is important to understand that the court does not require proof of paternity that is beyond all doubt. Proof of paternity is done in the manner of “normal” proof in civil law, that is, above 50%. An important Supreme Court ruling on the issue (civil appeal 5942/92 Anonymous v. Anonymous) provided a broad solution to the difficult questions we described above. In this case, a child support suit was filed for a minor who was born as a result of an unwanted pregnancy. The defendant denied being the father and even refused to undergo a tissue test for that purpose.
The Supreme Court had already made two important rulings on this issue. First, minors have the right to know the identity of their parents as a fundamental right. This is derived from the right to dignity in the Fundamental Law: Human Dignity and Freedom. The father’s right to “not want to know” does not take precedence over the minor’s right, since without this recognition he might find himself denied of his rights. Likewise, a father cannot force the mother to terminate a pregnancy, nor prevent her from doing so.
This ruling represents an important piece of jurisprudence which is still developing. In a recent ruling concerning a man who refused to undergo a paternity test in a number of instances, the Family Court recognized him as the father of his minor children. The recognition was granted based on the fact that the father continued to maintain regular contact with his children. This fact, in combination with the fact that the father did not provide any explanation for his refusal to undergo the tissue test, resulted in his recognition as the children’s father.
Contact an attorney specializing in family law
In summary, denial of paternity and refusal to undergo tissue testing may lead to a man being recognized as the legal father of his children. However, these are extremely complex cases and each case is examined on its own merits. For additional questions or assistance on this issue, you can contact our office. Our law offices specialize in family law and representing paternity claims before the Family Court.