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Peru: Judicial Determination of Out-of-Wedlock Paternity

(Aug. 10, 2017) The Peruvian Congress, by a unanimous vote, has amended the law governing the process for establishing filiation of children. Under the amendment, Law 30628, anyone with a legitimate interest in obtaining a paternity determination may file a petition before a Justice of the Peace in order to obtain such a determination. (Ley que Regula el […]

Germany: Right to Know Biological Father for Children Conceived Through Sperm Donation

(July 27, 2017) On May 18, 2017, the German Bundestag (parliament) adopted an act that gives children conceived through sperm donation the right to request information on the identity of the sperm donor once the child turns 16. The act excludes the possibility of using that information in court to declare the sperm donor the […]

Italy: Right to Use Maternal Last Name

(Jan. 25, 2017) On December 28, 2016, a decision by the Constitutional Court of Italy declared unconstitutional several provisions of the Civil Code and other legislation, concerning the attribution of the maternal last name to children. (Decision No. 286 of November 8, 2016, Related to Provisions of the Civil Code and Other Legislation (Decision No. […]

Brazil: Federal Supreme Court Recognizes Dual Paternity

(Sept. 23, 2016) On September 21, 2016, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) held that a child’s relationship with one man through socio-affective paternity does not exempt the child’s biological father from paternal responsibility.  A majority of ministers of the STF dismissed an appeal by a biological father from a decision that imposed paternal obligations despite the child’s ties […]

Israel: Gay Couple Recognized as Parents Without Genetic Testing

(Aug. 30, 2016) On August 7, 2016, the Tel Aviv Yafo Family Court recognized for the first time, without genetic testing, the parentage of a child born to a gay couple from a surrogate mother abroad. While determining that the plaintiffs had successfully proved their parentage by other means, the court held that by refusing […]

Japan: New Instructions Allow Women to Remarry 100 Days After Divorce

(Feb. 26, 2016) Currently, article 733 of Japan’s Civil Code states that women cannot remarry until six months after a divorce. (Civil Code (Part IV and Part V) (tentative translation), Act No. 89 of 1896, art. 733, Japanese Law Translation website.) This provision aims to avoid uncertainty regarding the identity of the legally presumed father […]

Germany: Non-Biological Father Who Agrees to Artificial Insemination Is Liable for Child Support

(Nov. 6, 2015) On September 23, 2015, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that a man who agreed to the artificial insemination of his girlfriend with another man’s donor sperm will be contractually liable for child support even though he was not married to the mother of the child and did not […]

Japan: Supreme Court Rules Even If No Blood Tie, Parent/Child Relationship Remains

(Aug. 15, 2014) Japan’s Supreme Court decided on July 17, 2014, in two similar cases, that the legal father-child relationship between a father and a child born while the mother remained in a marriage with the father cannot be denied in cases where the legal father turns out not to be the child’s biological father. […]

Italy: Implementation of Law Amending Status of Natural Children

(Jan. 30, 2014) Legislative Decree 154 of December 28, 2013 (hereinafter L.D. 154)is scheduled to enter into effect on February 7, 2014, and amends several provisions of the Italian Civil Code concerning filiation. (Decreto Legislativo 28 dicembre 2013, n. 154, NORMATTIVA; Civil Code (Oct. 21, 2013), ALTALEX [note that this version does not contain the […]