German plan to force mums to name lovers in paternity cases

(10 Posts)
LurkingHusband Tue 30-Aug-16 11:59:00

www.bbc.co.uk/news/world-europe-37215684

Germany's justice ministry has drawn up a change in the law which would require mothers in certain paternity cases to reveal who they had slept with.
The measure would apply when men who had supported a child, believing that they were the father, sought financial redress in court.
They could thus more easily claim maintenance back from the actual biological father.
Women would only have the right to remain silent with "serious reasons".
Justice Minister Heiko Maas said (in German): "We need to offer more legal protection for 'false' fathers to seek financial compensation".
The precise wording of the new paragraph states that the mother would be obliged to provide information to the man on "who has lain with her during the conception period".
Men in this situation were already able to try to claim back money paid for a child that was not theirs.
The draft change follows a ruling by Germany's highest court in March 2015 that there was no legal basis to force mothers of so-called "cuckoo children", in German slang, to name the biological father.
The draft changes, which will require parliamentary approval, also limit the "false" father's financial claim to two years' worth of maintenance costs. Previously this was open-ended.
A 2005 review of studies into so-called paternal discrepancy published in the British Medical Journal found that the rate was around 4% - meaning one in 25 children is biologically fathered by someone other than the man who believes he is the father

(My German is so-so, but I find myself a little askance at the phrase "lain with" ... smacks of Christian moralising).

mathsmum314 Tue 30-Aug-16 13:40:13

The child has a right to financial support from both biological parents. It should not be one parents right to withhold that support from the child.

Also 'false' fathers should be allowed to reclaim the support they have paid when they have been lied to about being the parent. Not sure why you would limit if to two years though, should be unlimited.

Whats wrong with the phrase "lain with", would you prefer they said f**ked?

Barham2016 Tue 30-Aug-16 15:04:55

"Also 'false' fathers should be allowed to reclaim the support they have paid when they have been lied to about being the parent. Not sure why you would limit if to two years though, should be unlimited."

I have to agree with this, its shocking its not all the money that was stolen!

BillSykesDog Tue 30-Aug-16 15:06:14

The other alternative would be to claim back the financial support directly from the mother rather than the real father, which would disadvantage the child twice over, they would lose their maintenance plus their mother would be paying the 'false father' back too. Really, it's very much in the interests of the child that these cases are resolved properly and they are correctly financially supported.

Barham2016 Tue 30-Aug-16 15:11:08

BillSykesDog ,

You don't think the Mother should pay back the money she stole from the 'false father' ?

BertieBotts Tue 30-Aug-16 15:15:36

I don't find it surprising if a German government minister is moralising in a Christian manner. But I'd be more inclined to say it's a translation oddity.

BillSykesDog Tue 30-Aug-16 15:18:55

I think a better solution would be to arrange payment to the false father from the real father who should have been paying it anyway. I don't think it would be constructive to punish the mother in a way which would also punish the child by impoverishing them. I think making sure the child is looked after is more of a priority than vengefulness towards the mother.

JenLindleyShitMom Tue 30-Aug-16 15:24:29

No woman should have to provide details of who she has slept with. If a man is falsely declared the father and pays maintenance then it is then person who declares him the father that owes him the money back. If she wishes to claim the maintenance of the actual father that's up to her. She doesn't have to provide his details to anyone else.

Barham2016 Tue 30-Aug-16 15:31:55

BillSykesDog,

What is the real father can't afford to pay the fasle father back while now paying for a child he didn't know was his? why should he be punished for the woman lying and steeling?

pleasemothermay1 Wed 31-Aug-16 21:07:51

And how exactly would the force the mother

You just say I was drunk or I slept with 15 men at the same time from on line I have no clue who they are

This is fucking silly

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