Paternity test: secret testing forbidden, but a right to clarification
Doubts about paternity are stressful, but a secretly conducted test (for example using a hair sample without the child's knowledge) is the wrong way to go. The law protects the right to know one's own descent and sets clear rules.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Clarify the question →Your chances of getting your money back
What you should do now
- 1
1. No secret test
Refrain from secret tests; they are not permitted and cannot be used as evidence.
- 2
2. Demand clarification
Demand consent to a descent examination (§ 1598a BGB).
- 3
3. Enforce through the courts
If consent is refused, the family court can replace it and order the sample.
- 4
4. Consider a contest separately
If you want to remove the legal paternity, a time-limited contest is necessary; seek advice.
Frequently asked questions
Is a secret paternity test allowed?
No. A paternity test carried out secretly, without the consent of those affected, is not permitted and generally cannot be used in court. It violates the right to informational self-determination. The right way is the statutory right to have descent clarified, with consent or by court order.
How can I clarify paternity in a legally secure way?
Through the right under § 1598a BGB: father, mother and child can require one another to consent to a descent examination and to allow a sample to be taken, independently of any contest. If someone refuses consent, the family court can replace it. If you also want to remove the legal paternity, a time-limited contest is required.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.