You have to participate in parentage proceedings. This obligation to cooperate also includes the submission of a DNA sample, provided that this does not involve a serious or permanent danger to life and health. That was decided by the Supreme Court.
In this specific case, a man from Salzburg’s Pongau wanted to know whether an acquaintance from the region was his father and obtained parentage proceedings in court. In this, a sworn expert was commissioned to create a hereditary biological report. However, the respondent, through his legal representative, refused to provide a DNA sample. He was severely suffering from dementia, it said in the argument. Therefore, any extraordinary events, such as doctor visits, would unsettle the man greatly, and therefore the submission of a DNA sample is out of the question. The lower courts had already decided that the refusal was not justified. The Supreme Court has now confirmed this in the specific case: a DNA report is both necessary and reasonable to determine paternity. A swab from the oral cavity, but also earwax or a fingernail sample would be suitable for the sample to be taken by a doctor you trust. The older man does not even have to leave his apartment for this.
In the specific case, it was “not recognizable” that the obligation to cooperate would pose a serious risk to the life or health of the respondent.
Source: Nachrichten
