Archive: 12/21/2007
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  12/21/2007, Tevet 12, 5768

Court Orders Paternity Test Despite 'Mamzer' Factor


The Tel Aviv district court ordered a paternity test to be carried out on a six year old girl and two men who claim to be her father. According to Maariv / NRG, this is the first time such a test has been ordered in a case where there is suspicion that a child is a 'mamzer,' a child born of an adulterous liaison by a married woman.

The child's mother divorced her husband four years ago, and the ex-husband received parenting time (visitation rights) with the girl and her two older siblings. A year later, the mother married her lover and then announced that he, and not the first husband, was the girl's father. She turned to the court, which ordered that the first husband no longer be allowed to visit the daughter. The first husband has not seen the girl for the past year.

The family court in Rishon LeTzion decided against a paternity test because, should the mother's claim be correct, the girl would be a mamzer under Jewish law and suffer as a result. The wife appealed to the district court, however, which accepted her position and ordered a paternity test.