No possibility to overturn a court decision regarding child paternity despite DNA testing.
JUDGMENT
Novotný v. the Czech Republic 07.06.2018 (no. 16314/13)
SUMMARY
Failure to challenge paternity despite DNA testing proving that the applicant was not the father of the adult daughter. Infringement of Article 8 (right to respect for private and family life) because the applicant was not in a position to challenge the paternity decision.
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, František Novotný, is a Czech national who was born in 1942 and lives in Batelov (the Czech Republic).
The case concerned his failed legal efforts to use new DNA evidence to overturn a 1970 court decision on his paternity of a child.
A woman with whom the applicant had had a sexual relationship gave birth to a daughter in 1966.
The District Court established that Mr Novotný was the father, relying on witness evidence, the dates of his sexual relationship with the woman and a blood test that was in use at the time.
Another man had also had sex with her, but the blood test established that he was not the father.
The applicant took up the case again in 2011 and asked the prosecutor general to use his powers to challenge the paternity decision in court. The prosecutor refused, saying, among other things, that it was not in the best interests of the daughter, by then an adult.
DNA tests in 2012 confirmed that the applicant was not the father. Nevertheless, the prosecutor and the domestic courts relied on the principle of res judicata and refused to allow him to initiate proceedings to overturn the 1970 paternity decision.
The applicant complained in particular under Article 8 (right to respect for private and family life) that he had not been able to challenge the paternity decision.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: The Court dismissed Nr Novotný’s claim for just satisfaction(echrcaselaw.com editing).
