The legal recognition of the biological link between a parent and a child may affect different aspects of human rights for each person involved. In most cases, paternity proceedings require careful balancing of these competing human rights, keeping in mind that the best interests of the child are always the most important.
Legal recognition of the biological link between a parent and a child is protected by the right to a private and family life. From the perspective of the child, it is covered by their right to establish their identity and uncover the truth about their origins. On the other hand, the parent’s interest in the legal recognition of this link is also covered by the right to a private life.
There are also other situations which affect different aspects of human rights.
Best interests of the child
The principle of the best interests of the child demands that in all decisions regarding a child, their best interests must be the primary consideration. This principle applies to all decisions taken throughout the paternity proceedings.
Biological relationship
The right to a private and family life protects the right to legal recognition of the link between the biological parent and the child.
important The relationship between a parent and a child where they are not biologically related, can be recognised through adoption.
Legal presumption & Biological reality
A legally recognised father may challenge his paternity if he believes that he is not the child’s biological father. Legal presumptions should not prevail over biological reality. Although such a claim is aimed at the dissolution of family ties, the right to challenge the legal presumption of paternity is protected by the father’s right to a private life.
If a child’s biological father believes that another man has been legally recognised as the father of his child, he may challenge this recognition.
Such cases require careful balancing of many aspects of human rights.
example A challenge to legally recognised paternity interferes with the right to a private and family life of both – the legally recognised father, and the child, if they wish to preserve their family ties. It may also interfere with the best interests of the child to preserve their emotional stability and existing family relationship. On the other hand, in this situation the child may also have an interest to know their origins – a right protected by the right to a private life.
Examination of the biological link
To establish paternity, a court may order an examination of the putative father’s DNA. Such examination is a mandatory measure. Although it is permissible in such proceedings, it does interfere with the putative father’s physical integrity and right to a private life.
If the putative father is deceased, the interests of his relatives to the inviolability of the deceased’s body and the right to respect for the dead should be taken into account. However, taking a DNA sample from a deceased person as such, does not adversely affect his private life.
Statute of limitations
Statutes of limitations in paternity proceedings generally protect the general interest of legal certainty and finality in family relations. From the putative father’s and his family’s perspective, the statute of limitations protects their interest in avoiding claims about events that have occurred many years previously.
A legal time-bar may also protect the child’s general interest of legal certainty and finality in family relations if the putative father is the one bringing the paternity claim.
A time limit for bringing the paternity claim, however, may negatively affect a child’s right to know their origins and their right to a private life.
Length of paternity proceedings
Paternity proceedings, including a challenge to legally recognised paternity, must be concluded within a reasonable time. Failure to do so may lead to a violation of your right to a fair and public hearing within a reasonable time.
Failure to bring these proceedings to a closure within a reasonable time and the uncertainty related to it, may also negatively affect your right to a private and family life.