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Tests reveal 20% of males not the father

DNA expert backs court ruling to change family law over child support


Posted: July 28, 2010

By Cillian O'Donoghue - For the Post | Comments (0) | Post comment

Tests reveal 20% of males not the father

Walter Novak

The overturned Family Law gave men just six months to prove infidelity.

A leading DNA specialist claims that 20 percent of Czech fathers are not the biological parents of their children. The assertion comes in the wake of a historic court ruling that no longer requires a male partner to pay support for a child that is not his.

The Family Law, introduced in 1964, states that after six months following the birth, a man had to financially support the child of his partner even if it was consequently discovered that the baby was not his.

The ruling, delivered July 14 by the Constitutional Court, follows a case brought by Zdeněk Slavík from Jihlava, Moravia, in 2004.

Upon the child's birth, Slavík was automatically registered as the father. However, eight months later, he discovered that his wife had been having a two-year affair and immediately filed for divorce.

Slavík also decided to obtain a DNA paternity test, which confirmed that he was not the child's biological father.

Consequently, Slavík sought a court order to cancel child-support payments. According to the 1964 law, however, the six-month deadline for denying parenthood had passed.

Following the ruling, the Justice Ministry is considering two options. The first is to extend the parenting law to three years, as is the case in Slovakia. The second would be to retain the current period of six months but make it easier for nonbiological fathers to go to court. No new law is expected to be on the books until December 2011.

Some analysts say 10 percent to 30 percent of men raise children who are not biologically theirs, and paternity testing firms in the Czech Republic have seen a surge in business over the past year.

"After testing, 20 percent of males find out that their children are not of their blood," DNA specialist Marek Minárik of Genomac told The Prague Post. "But the situation of a completely surprised father who had absolutely no idea is closer to 5 percent to 7 percent."

"We are happy now that men now have better legal rights," he added. "For me, the most important criteria that must be taken into account is whether the father is an active father. ... It is the interest of the child that matters most."

There are two primary DNA-testing methods: a basic test, which costs between 5,000 Kč ($255) and 7,000 Kč and an expert-opinion test, which costs between 12,000 and 14,000 Kč. Only the expert test can be used as evidence in court.

- Caroline Korsawe contributed to this report.


Cillian O'Donoghue can be reached at
codonoghue@praguepost.com


keywords: paternity test, DNA, child support, parent, baby, dna, paternity, fathers, pregnancy, children, czech republic, biological, fatherhood.


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