Court may side with husband on paternity test
A man seeking to prove that he is not the father of a child registered as his son is entitled to demand a tissue test for the minor, even if the child's mother and natural guardian objects, according to a ruling by the Tel Aviv District Court.
The ruling addresses the case of a son born five months after his mother was wed. The mother told the husband that he was the boy's father, and the couple had another son two years later.
The couple divorced when the older son was 7 years old. Two years later, the man asked the Family Court to order that the child be tested, after he had begun to suspect that he was not his father.
The child's mother objected, arguing that, in addition to the possible harm such a step might cause to the child and to his identity, she needed to give her permission, as the child's guardian. However, the court declared that it was entitled to decide what was in the child's best interest, and it appointed him a legal guardian. The guardian then asked the court to appoint a team, including a social worker and a psychologist, to determine what would best serve the child.