The Presumptions of Fatherhood and DNA Tests in the Czech and English Family Law
The Presumptions of Fatherhood and DNA Tests in the Czech and English Family Law
Author(s): Erika HorníčkováSubject(s): Civil Law, International Law, Human Rights and Humanitarian Law, Health and medicine and law
Published by: Univerzita Palackého v Olomouci
Keywords: the child´s interests; denying of fatherhood; determining of fatherhood; DNA test; parentage; parenthood; presumption of fatherhood; putative father; rebutting the presumption;
Summary/Abstract: This paper discusses the comparison of the legislation about fatherhood in England and the Czech Republic. The paper focuses on the determination of fatherhood in both legal systems and the importance of DNA tests in the court proceedings to determine or deny paternity. It also deals with the possibilities to rebut the presumption of fatherhood in both countries, and with their conditions and limitations. Further, the paper deals also with a different solution to force participants to take samples for DNA tests in both legal systems. And the child’s interest, mainly his right to know his origins, in denying of fatherhood and the position of the putative fathers are discussed.
Journal: International and Comparative Law Review
- Issue Year: 17/2017
- Issue No: 2
- Page Range: 157-168
- Page Count: 12
- Language: English