Family Self-Determination and Public Intervention in Paternity Claims: The BGB Reform

14 Pages Posted: 3 Apr 2009

See all articles by Albert Lamarca Marquès

Albert Lamarca Marquès

Universitat Pompeu Fabra - Department of Law

Date Written: July 22, 2008

Abstract

Paternity claims in the German Civil Code underwent two legal reforms last March, 2008. The first Act allowed the Administration to challenge paternity inferred from a recognition made without biological or functional grounds, on the mere basis of getting citizenship, residence rights and some social benefits. The second Act enabled a claim among father, mother and son, aimed at clarifying paternity by means of biological tests, regardless it had been challenged or not. Both reforms show the existing tension between family self-determination and public intervention in family law, especially in the context of paternity

Keywords: Paternity claims, Paternity, Family, Family Self-Determination, Public intervention

Suggested Citation

Lamarca Marquès, Albert, Family Self-Determination and Public Intervention in Paternity Claims: The BGB Reform (July 22, 2008). InDret, Vol. 3, 2008, Available at SSRN: https://ssrn.com/abstract=1372142

Albert Lamarca Marquès (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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