Modern medical science has made it possible to determine the paternity of children.The process of tissue testing allows for genetic analysis and a 99% accuracy rate on the paternity of a child.
In spite of the accuracy of the test courts in Israel both the secular Family court and the religious Rabbinical court often will not allow the test. The reason for the reluctance to compel the test is that the results may prove that the father of the child is not the husband of the mother. In the case of a married Jewish woman,if she engaged in sex with a man other than her husband and had a child from the relationship the child under Jewish Law is a Mamzer(bastard) and will be prohibited from marrying a kosher Jewish spouse.
The courts and the law are not interested in this outcome and therefore in the case of a married woman the courts will not allow genetic testing because the outcome could damage the future of the child.
In one case whichI had in the Rabbinical court in Netanya I petitioned the court to compel a medical examination to determine if my client is the father of the child. I argued Science can provide the answer. The court refused to order the test . My clients cry that if the child is not his why does he have to support him was of no avail.The court required him to pay child support .
2 comments:
The situation is absurd, unfair and borders on the ridiculous.
yeah, you wouldn't say that if it was your kid that could never get married
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