Proof of paternity without DNA testing
As a rule, DNA paternity testing is required whenever the identity of the father is in doubt. However, there are cases where an Israeli court will accept proof of paternity without DNA testing. In this article, an expert family lawyer explains which cases these may be.
Our offices in Jerusalem and Tel Aviv specialize in family law. Our attorneys have extensive experience in providing consultation and representation for issues such as paternity claims, child support claims, custody arrangements and more.
When is proof of paternity required?
Proof of paternity may have many legal implications regarding the legal status of the father and his children, as well as the father’s obligations and rights. Definitive proof can be based on the Interior Ministry recognizing the father’s identity, or a declarative ruling issued by the family court. Such a court ruling may be requested by a father who wishes to be more involved in their children’s lives, in a case where his paternity is in doubt. It may also be requested when a mother is demanding child support and the identity of the father has not yet been proven.
As a rule, when demanding proof of paternity, the court insists on a paternity test. There are various kinds of paternity tests, and today’s technology even allows performing the test during a pregnancy. The most common one in Israel is a DNA test based on saliva. There is another method that is based on a blood test, which is done abroad, but Israeli courts have not yet recognized the results of these kinds of tests as acceptable evidence. For more detailed information on this subject, see this article on our website regarding paternity claims during pregnancy.
Is it possible to register a father in Israel without a DNA test?
There is a Population Authority regulation that deals with adding the details of a father for a minor registered in Israel. The conditions include the presence of the mother and the purported father; presentation of identifying documents, including a visa to enter Israel (if the father is not an Israeli citizen); and registration of the request within less than a year after the birth. If any of these conditions are not met, or if the Interior Ministry demands proof of the father’s identity, a declarative court ruling regarding the father’s identity will be required.
Sometimes a family court may rule that proof of paternity is possible without undergoing a test. A court ruling from 2012 dealt with a case of an Israeli couple who delayed the registration of their minor son in the Interior Ministry. After that they had another son, who was legally registered.
The parents presented many pieces of evidence, such as proof of the father’s presence at the minor’s birth and video documentation of a party held in celebration of his birth. Nevertheless, the Interior Ministry demanded that a DNA test be performed on the minor. The court ruled that in this case, where both parents are Israeli Jews and there is no concern of the child being a mamzer, the Interior Ministry’s refusal to register the father does not stand. Accordingly, the court ordered the Interior Ministry to register the minor as the son of the father.
What can be done when the parents or the minors live outside of Israel?
A recent court ruling in the family court in Tel Aviv-Jaffa dealt with the case of an Israeli citizen who lives in Switzerland. The citizen sued for declaration of paternity over a minor living in Switzerland with her mother, who refused to cooperate with the claim. He presented many verified documents from Switzerland proving his registration as a father in Switzerland and his rights and obligations towards the minor. Nevertheless, the Attorney General insisted on DNA testing to prove his paternity. The court ruled that fact that the plaintiff acts as the father of the minor in practice is significant, and this is added to his official legal registration in Switzerland, which serves as definitive evidence of his paternity. In light of these circumstances, the father’s claim was upheld and it was ruled that he is the father of the minor.
Contact our experts in family law
As we have explained above, there are cases where proof of paternity is possible without DNA testing, which is generally required in cases where the identity of the father is in doubt. The DNA test may be dispensed with, for example, if both of the parents are Israeli citizens, or if the parents or the minors live abroad. In light of the complexity of the issue and the individual examination of each case based on its circumstances, it is important to seek professional legal counseling and assistance. If you have any question regarding this issue, contact our offices and we will be glad to help. We specialize in family law and representation of paternity claims before the family court.
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