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Old 22.03.2012, 21:57
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ECHR Judgment - Biological fathers denied right to paternity

Biological fathers do not have the right to legal paternity if their kids already have a daddy, the European Court for Human Rights ruled on Thursday, rejecting the pleas of two German men.

German courts had put the relationship between the child and their legally-recognised father above that of the child and their biological father – and this was upheld by the European court.

Recent European decisions have strengthened the rights of biological fathers regarding access to their children and the right to forge a relationship with them.

But the two appeals, which were rejected on Thursday, “were aimed at establishing full recognition as legal father of the children concerned, and thus to challenge the paternity of the existing legal fathers,” the judge said.

European Court of Human Rights

The Court monitors the contracting states’ compliance with any obligations arising from the European Convention on Human Rights (ECHR). It is based in Strasbourg and consists of as many judges as the ECHR has contracting states, i.e. each contracting state is entitled to one judge. It was established as a permanent organ by Protocol No. 11 to the ECHR.

Swiss member of the European Court of Human Rights
Helen Keller has been officiating as the Swiss judge at the European Court of Human Rights since October 2011. Previously, Giorgio Malinverni, Luzius Wildhaber, Denise Bindschedler-Robert and Antoine Favre had been members of the Court. Luzius Wildhaber was also the court’s president from 1998 to 2007.
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