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Paternity
Below are readers' questions about 'Paternity', which we have chosen to answer. Further and more detailed information can be found on our main website, Family Law in Israel , at:
- If I do private DNA testing abroad that proves my boyfriend is the father of the baby I am carrying, will an Israeli court recog
- I am married, but separated from my husband , and live with another man. I am pregnant but don’t know which of them is the fath
- My fiancée is pregnant and we want to do D.N.A. testing on the baby she is carrying to see whether I am the ‘father’ as there is
- I am single. I got my girlfriend, also single, pregnant though at the time she was also having casual sex with other men. After
- Can my boyfriend be registered as the father of our baby who was born a month after I divorced ? My ex-husband, my boyfriend and
- I am single and had casual sex with two men, and fell pregnant. They are both friends and agree, as I do, to undergo D.N.A. test
- Is a man who 'does a favour' to a single woman and donates sperm so she can have a child, safe from future child support claims,
- I am a student earning money from donating sperm to a sperm bank. Am I at risk from being filed for paternity or child support f
- I am a Christian guy and had an affair with a married Jewish woman who was hardly having sex with her husband. She got pregnant
- I am 17 and got my ex-girlfriend pregnant by accident. She will be give birth shortly. Can I be declared the father and made to
- My 'ex' girlfriend claims I am the father of her child. I deny it and didn't even know she was pregnant when we split up. What c
- I am divorcing. Can I get the Ministry of Interior to cancel my registration as the child's father because I am infertile and sh
- I am Christian living in Israel. I married a Jewish woman from Israel abroad, moved to Israel, started a family and later divorc
- I am a single mother. What can I do to get financial support for my child when the man who got me pregnant denies he is the fath
No! The Genetic Information Act of 2000 explicitly states that the results of genetic testing to prove family connections that were obtained without an Israeli court order cannot be submitted in court, and will not be accepted as evidence. Furthermore, you could not get permission from an Israeli court to perform such testing and circumvent the prohibition created by a 2008 amendment preventing such testing. This prohibition on testing would apply as you are a married, Jewish woman and the results of the tests would involve a risk of illegitimacy to the future child.
No! A 2008 amendment to The Genetic Information Act of 2000 explicitly forbids the performance of genetic testing to show family connections , including on an unborn child , where there is a risk of it proving ‘illegitimacy’ under Jewish religious law. According to Jewish law, a child born to a married woman and a Jewish man who is not her husband is a “bastard” or “Mamzer”. Such a child has inferior personal status in Jewish law, cannot marry an ordinary Jew, but only a ‘bastard’,and this ‘impediment’ is passed on to the next generation.
Yes, in principle, but you will have to apply for an obtain an order from the family court to perform the test first. The Genetic Information Act of 2000 applies to your situation and allows, but regulates, genetic testing , even on a foetus, to prove family connections, unless there is a risk of the child/future child being a ‘bastard’ according to Jewish religious law. In that case, according to a 2008 amendment, such genetic testing is forbidden. As your fiancée is single, then there is no risk involved, as this would only apply to the offspring of a married Jewish woman born out of wedlock.
Yes – you cannot be forced to co-operate in genetic testing if a paternity suit is filed against you. However, if you refuse to co-operate this can go against you, and the family court hearing the case will be free to draw its conclusions. There have been cases where paternity has been declared by the on the basis of a defendant's refusal to undergo testing.
This is problematic. You would need to apply for a declaratory judgment declaring your boyfriend to be the father, but the court is unlikely to order genetic testing to establish paternity if you are all Jewish because of possible damage to the child arising from the risk of him/her being a 'bastard' under Jewish law. If your boyfriend were not Jewish, this risk would not apply.
Your boyfriend could apply to adopt the child, and thus by-pass the legal problem. Depending on the circumstances, your 'ex' may be pleased to co-operate, and relieve himself of the financial burden of child support if he knows the child really is not his, if for example, you were separated from him and had no intercourse around the relevant time.
Paternity testing can only be carried out if ordered by a court. If all the parties concerned are in agreement, and you are single, there should be no reason for it to refuse. You can either initiate the paternity action, with your two friends as defendants, who can consent to testing later after the file is opened, or the three of you can make a joint paternity application from the start.
No, definitely not! If he is the biological father, then ,under Israeli law, he is liable financially for supporting the child, even if the woman gives him a promise otherwise, orally or in writing. Such 'promises' or agreements between them do not bind the child, who is free to file his/her independent plea for child support via his biological mother, his natural guardian.
No! Anonymous sperm donors 'working' with a sperm bank appear not to be legally liable for paternity or child maintenance. If such donors were at risk, then sperm banks and fertility treatment in Israel would probably be unable to operate. The situation is different where the sperm donor is 'known' and not anonymous.
You are entitled to file for paternity at the family court, and request genetic testing to establish whether you or her husband are the biological father. However, the court has discretion to refuse genetic testing, if it considers it likely to cause damage to the child, and the Attorney General's representative, whose reaction is asked in paternity cases, could object. The longer you wait, the greater the risk of genetic testing being refused on the ground that the child could lose a 'psychological' father if paternity testing were allowed, and proved that her husband was not a biological parent.
Yes, if she files you for paternity and maintenance, and you are declared the father, either on the basis of your admission, or genetic testing ordered by court, you would be legally obliged to support your child, even though you, yourself, are still a minor. Your circumstances would be taken into account and the maintenance sum reduced accordingly. The baby's mother are also legally entitled to sue your parents for the maintenance if you are unable to pay.
Wait patiently to see if she files you for paternity. If she does, you can then consider what to do. If you deny paternity, you should co-operate if paternity testing is ordered.
No ! If you co-operated in the fertility treatment and are registered as the father, you are obliged to support your daughter financially , and cannot free yourself of this legal obligation.
You can apply to the family court for genetic testing to establish whether you are the biological father or not, but this will only be ordered if it is held to be in the child's good. Where both parents are Jewish the court will not order genetic testing because of the risk that the child would be a 'bastard' under Jewish law, and have lowly personal status. Such a risk does not apply in 'mixed' religious marriages, like yours, athough the court will have to consider the risk of possible serious emotional damage arising from loss of a 'psychological father' if genetic testing disproved paternity. The court will have to weigh up the conflicting interests of he search for truth and the child's right to know his/her real identity against possible psychological damage.
File him simultaneously for paternity and child maintenance at the family court. You can ask for genetic testing to prove he is the biological father. Without establishing paternity, you cannot get financial support from him for your child. Once paternity is established, he is legally obliged to support your mutual, even if got you pregnant unintentionally and is not interested in having any contact.
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