Acknowledgement of paternity (Isyyden tunnustaminen)

[ciangun]

Hello everyone,

So here I am posting my question here in hopes for some help.

I have lived in Finland for three years and then moved back to my home country last year. My girlfriend who is Finnish is now pregnant. We want to make an acknowledgement of paternity but they said that we have to do a DNA test when the baby is born

This doesn't seem fair to me since people living in Finland don't have to. Why can't I do the acknowledgement in the embassy? Does anyone have any idea about this? If it's possible to ask for this to be done without a DNA test and also where to ask?

Thanks

[betelgeuse]

I am a Moroccan citizen. I have lived in Finland for three years and then moved back to Morocco last year. My girlfriend who is Finnish is now pregnant. We want to make an acknowledgement of paternity but they said that we have to do a DNA test when the baby is born

This doesn't seem fair to me since people living in Finland don't have to.

The only way to avoid the possibility of a DNA test is to be married when the child is born (section 2). Otherwise it's up to the officials (section 9): "In connection with the investigation of paternity, the child supervisor shall order the forensic genetic paternity test referred to in section 1 of the Act on Forensic Genetic Paternity Tests (378/2005) in respect of the child, the mother and a man who may be the father of the child, if the man requests the test or if the child supervisor otherwise considers it necessary."

http://www.finlex.fi/fi/laki/kaannokset ... 150011.pdf

If it's possible to ask for this to be done without a DNA test and also where to ask?

You have the right to refuse the test. Then you see if the child supervisor thinks there's enough information. If it ends up inconclusive, you might be able to take the issue to court. The Act does not explicitly seem to allow it but this seems to be against Article 6 of the European Convention of Human Rights. Summary: get a lawyer.

[lily_of_the_valley]

Recognition of a foreign paternity decision

Under Section 51 of the Paternity Act, a decision on paternity issued in a foreign state can be recognised in Finland without separate verification if the decision is valid in the issuing state. In such cases, acknowledgement and establishment of paternity in Finland is not required.

Decision on paternity

Decision on paternity refers to a decision by a court of law or other authority and the confirmation or registration of a legal act that establishes the relation between the child and man as one of paternity in the state in which the registration or other act took place. Documents (e.g. birth certificate) in which the identity of the father is based solely on the notification of the interested parties do not constitute such a decision. Where necessary, the interested parties are required to submit an account of the legislation of the state in question indicating that the document is sufficient proof in that state for establishing paternity and the obligation to provide maintenance. It is further required that the interested parties have been resident or domiciled in the state in question or citizens of that state.

Provided that the requirements are met, the competent local register office enters the information on paternity in the Population Information System on the basis of the decision issued in a foreign state. The decision needs to be duly legalised and presented in the original or as an officially certified copy. A Finnish, Swedish or English translation of the decision is also required.
Where necessary, the Helsinki District Court may confirm, by application, whether a decision on paternity issued in a foreign state is recognised in Finland.

http://www.maistraatti.fi/en/Services/i ... #Paternity

Is the child going to be born in Morocco or Finland? It looks like it might be worth checking what the local paternity law is in Morocco if you are both resident there.

[007]

This doesn't seem fair to me since people living in Finland don't have to.

Thanks

Are you sure about that? To my knowledge, nowadays paternity tests are carried out even before babies are born. However, married couples don't undergo such tests, which sounds ridiculous to me.

[Rip]

I don't think DNA tests are typically made in uncontested cases within Finland. Not sure if the fact that father is foreigner (without permit) is that important here though. Could be more that the baby was conceived after he moved out of the country.