Descending appraisal

the descending appraisal is a scientific procedure, with which the relationship between two persons - mostly the father child relationship - is to be determined.

The procedure called because of the most frequent application popularly also gladly paternity test, becomes as a rule in legal proceedings (main with Vaterschaftsanfechtungsklagen) on arrangementthe judge accomplished. Modern DNA - Paternity tests are simply and economically feasible, so that it since the 1990er - private offerers gives, who accomplish this test also for private people to years.

Table of contents

methods

the methods for descending appraisals were developed further by the progress of the science. It gives among other things the following methods:

  • With tests of group of bloods the groups of bloods of the nut/mother, the child and the supposed father are determined. Subsequently, it is examined whether a common descendantthe nut/mother and the father to have would know the same group of bloods as the child. This procedure can exclude, however not confirm only in certain combinations a paternity.
  • With serologischen appraisals further blood components (HLA - antigens and other proteins) are drawn into the investigation.
  • anthropology-CH-hereditarybiological appraisals became by leavable outside characteristics (e.g. Striking, eye, hair color, head form, iris structure) the probability of the paternity examined.
  • The DNA analysis represents the most modern method of the paternity test. It offers a nearly by hundred percent safe, positive like also negative paternity proof. Details can the following sectionare taken.

descending appraisals on the basis DNA analyses

the modern methods of the descending appraisals are based all on DNA analyses. By the Fingerprinting VNTRs so from 1985 to 1998 mentioned (variable NUMBERs OF tandem reperats) to be examined, also the mini satellites - DNA be called andwith each individual in an unmistakable length and/or. Arise to combination. With PCR technology (polymerase nuclear chain reaction) VNTRs containing DNA sections will be able multiplied and with gel electrophoresis be isolated and made visible. Since the VNTRs is differently long with each humans, arises for each humansspecific gang sample. For instance starting from 1998 the VNTRs was displaced nearly completely by the STR technology (Short tandem Repeat).

The result is the safer, the more of the regions for agreement to be examined. However the security of the result depends not only on the number of the tested regions.

Since 2003 a test procedure became generally accepted with 15+1 DNA markers (DNA regions) in many laboratories. This concerns 15+1 markers, since by these 16 markers only 15 can be used for the investigation of the descent - the 16. Marker seizes only the sex of the testedPerson.

In each case half of the Erbmerkmale (alleles) of the child measured in the DNA laboratory must agree with those of each parents. There nature however apart from the conditions 0 and 1, in the sense paternity and no, a set of intermediate conditions knows, is the exclusion of onebiological paternity possible only if on three gene places (markers) between the possible father (Putativvater) and the child no common alleles are present at least. Becomes z. B. in a set of 15 examined genetic regions, only a discrepancy between father and child found, can do it itselfaround a mutation act. According to the Daumenregel mentioned of at least three exclusions, the exclusion on only one gene place is not sufficient, in order to place the paternity in question. In such a case the consultant must decide whether perhaps further gene places must be consulted for the investigation,in order to increase the security of the result. The security of the result is reduced with the acceptance of being present a mutation in particular if the computation of the probability of paternity without the DNA profile of the nut/mother were made. In most cases then a safe result can be obtained,even if the DNA profile of the nut/mother admits is. In only few exceptional cases actually further gene places must be examined.

However mutations are not the only possible reason for in or two discrepancies between father and child. Straight one if a relative of the tested man as an alternative fatherto be applicable, makes the descending test can large demands against the implementing laboratory. Eineiige of twins possess even an indistinguishable DNA profile, so that the normal DNA test is not able, with twins as alternative fathers, the true father to identify. There the DNA analysis not coding DNA rangesseized, thereby discovered mutations do not point a purchase to genetic diseases. The DNA analysis is not to be confounded with the gene diagnostics, since only the ranges between genes are analyzed.

The DNA needed for the test knows z. B. with the help of a saliva sample (mouth mucous membrane cells), hair,Skin cells, used handkerchiefs, Schnullern, toothbrushes, chewing rubbers or other zellhaltigen materials to be won. Hair leads only in exceptional cases too in a relationship test usable DNA profiles.


Already during the pregnancy a descending appraisal is possible, which is connected however with a increased risk of an abortion. Therefore this becomes inthe rule accomplished only if a fabric sample must be taken anyway by means of fruit water testing, because one z. B. a hereditary disease or other anomalies fears.

legal evaluation of secret paternity tests

iurisdiction in Germany

2005 decided the Federal High Court that secret DNA Vaterschaftsanalysenneither when proof before court are permissible, still as justified doubts for a paternity contestation procedure to serve can, because such tests hurt the personality right of the child (judgements of 12. January 2005 in the things XII ZR 60/03 and XII ZR 227/03). Thus the test judicially usablyis, it requires the agreement either the child or with minority of its legal representative. This agreement can be replaced only by a judicial arrangement; such can take place only in the context of a paternity contestation process and only with justified suspicion. With its iurisdiction the Federal High Court confirmedthe valid practice, of that the district court Munich in a decision in the year 2003 (Gz.: 17HK 0 344/03) to deviate tried.

This problem places itself only with cases, in those the paternity by the law is assumed (because parents are married with one another) or ofFather was recognized. Men, who want to have “only” certainty, are in here not subject to suit and impossible from the front.

Men, who contest their paternity before court, must make concrete grounds for suspicion for a contestation valid after the iurisdiction to obtain and be allowed to do over a judicial arrangement of a paternity testthereby to the result of a secret test do not appoint yourself. This principle applies in the rest of civil law to all other private appraisals by the way likewise. As concrete grounds for suspicion e.g. are. conceivablly:

  • as can be prove no sexual contact with the nut/mother at the generation time (designation of witnesses)
  • a provable spatial separation toGeneration time
  • generation inability of the plaintiff at the generation time

thereupon the family court a paternity test can arrange, whose result is usable in the further procedure process than proof. Outward characteristics are not possible usually as suspicious factors. If no remarkable similarities with the own child exist, is this nonereliable reference to the fact that a relationship is impossible.

to gene diagnostics law

see major items: Gene diagnostics law

see also: Child shank thing, genetic finger mark, Kuckuckskind, paternity statement, pränataler paternity test

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