Cuckoo children in Austria: Paternity test brings clarity!

Cuckoo children in Austria: Paternity test brings clarity!

Österreich - In Austria, every twelfth child is considered a so -called cuckoo child, which makes up around eight percent of the total child population. This knowledge ensures considerable emotional and legal challenges for the families concerned. Feinsteorship often occurs in illegitimate children, since paternity is not automatically regulated in such cases. It must either be recognized or determined in a court, as reported by Vol.at

The legal framework for fatherhood is clearly regulated. DNA tests can be carried out both voluntarily and as part of a judicial procedure. In the event of voluntary tests, the consent of both parents is required, while judicial tests can also be ordered against the will of the man. These tests must meet the requirements of Section 163 of the Außstrg in order to be recognized in court. It is particularly important to note that homes are not legally binding.

cuckoo child and legal implications

The term “cuckoo sking” describes a child whose biological father is not the legal father. Historically, a child who was not converted by the husband was considered a bastard and stigmatized through social ostracism. However, a legal father has the opportunity to recalculate maintenance if it turns out that he is not the biological father, but only for the last two years before his knowledge. This information comes from the article by Facilizer.de .

Paternity can be challenged in accordance with § 1600 BGB if the legal father has justification for doubt. A paternity test can also be arranged in court, which is a central legal option. The legal but possibly non -biological father can make an application within two years of knowing the relevant circumstances to contest the marital birth or to declare paternity recognition to be legally ineffective.

implications for affected families

The determination of paternity has significant legal and financial consequences. Despite the circumstances of his generation, a cuckoo child has the same demands on maintenance, heir and contact with the biological father. In the case of minors, the process is represented by the mother or child and youth welfare. Affected families are advised to take legal support, for example for lawyers: inside for family law or notary in order to assert their claims and clarify their legal status. For comprehensive information on legal framework conditions around this topic, the platform DetailsOrtÖsterreichQuellen

• www.vol.at
• www.fachanwalt.de
• vaterschaftstest-wien.at