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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1740
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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I discovered being 99% biological father of 12 years old, out

Customer Question

I discovered being 99% biological father of 12 years old, out of one short extramarital relationship with an married women,. Childs family (mother) refuses any contact, child is legally one of her kids in her existing family.
I must respect the minors feelings, rights and his family's...but can someone use me just as a "sperm bank" and refuse any rights toward the child?
Can I do something to force paternity test?
I want to know if I have a biological child in care of the others.
Submitted: 10 months ago.
Category: German Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Alex,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. May I presume from your question that you are located in Germany, and your child is a resident of California, USA?
2. When did you FIRST learn of this child, which gave you reason to believe that the child was yours? I'm not asking when the DNA test was done---but when you knew of the child being born?

Doug

Customer: replied 10 months ago.

1. Other way around. I am a resident of California (now), and child is in Germany, we are both German citizens though.


 


2. 20 months ago...in 2011... I googled, and realized that my ex-lover has child whose age match our relationship. I connected the dots with her "weird behavior" back than - which I did not understand at that time.


 


 


 

Expert:  LawTalk replied 10 months ago.
Hi Alex,

I am going to have to transfer your question to the German Law category. This is not something that can be handled by the CA courts.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.



Doug
Expert:  hhvgoetz replied 10 months ago.

Hi,

 

in Germany the law is about to be changed to give you a right to find out whether you are the father and to have contact to the child.

 

You'll find this new law in a few months in § 163 a FamFG.

 

However, as far as I know it has just passed parliament and should appear in the next days online. You shoul contact a German lawyer if you desire to have any contact to the child.

 

http://www.gesetze-im-internet.de/famfg/

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1740
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you
Expert:  hhvgoetz replied 10 months ago.

Hi again,

 

the new law has already been implemented last months:

 

http://www.gesetze-im-internet.de/bgb/__1686a.html

 

So you can start proceedings immediately.

It is important for you to be able to proof that you have previously shown "serious interest" in the child from the point you knew you could be the father.

 

In your particular case you will have to make clear why you waited so many years (apart from the legal situation in Germany).

 

Regards

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