The Tel Aviv District Court has handed down a landmark ruling in a DNA case in which a registered father wished to prove he is not the biological father of a child. The father was granted the right to request to have a DNA test performed on the child despite objections by his mother. Such a request was not permitted in the past.

The case pertains to a child born five months after a couple was married. The mother told her new husband the child was belonged to them. Two years later, a second child was born. Seven years after being married the couple divorced. Two years later, the father turned to the family court, explaining he has doubts regarding his eldest child, believing he may indeed be the son of someone else.

The mother objected, telling authorities such a move would have profound negative psychological effects on their son, now 12, and in any event, a DNA test cannot be performed without consent of both parents, especially the mother, who is viewed as the ‘natural custodian’ of the minor child.

The family court ruled it can decide what is best for the child’s welfare, and appointed attorney Ronen Dalyahu as the child’s legal guardian. Dalyahu then appointed a team including a social worker and psychologist to determine what would indeed be in the child’s best interests.

The mother then appealed to the district court, maintaining the family court does not have jurisdiction to order genetic testing of a child.

The Tel Aviv District Court ruled that the best interest of the child would determine its decision, stating that after the experts submit their recommendation, the child will also be interviewed and a decision regarding the father’s request to rule out paternity will be handed down.

In the meantime, the court has not disqualified the father’s request to rule out paternity.

(Yechiel Spira – YWN Israel – written on isru chag in Eretz Yisrael)