A paternity test is not always the most helpful idea, as it can sometimes have many consequences for the minor - legal consequences. Accordingly, the court sometimes chooses not to approve a paternity test, for one main reason - the best interests of the minor. This test can lead to the status of bastards when it is not known who the father is and it is not clear whether he should bear the burden of his children's needs.

In this article, we will review: what is a paternity test, in which cases the judges insisted on not performing it, we will present a ruling on the subject and we will review what the panel of judges decided according to the circumstances of the case and more. Law Family Law Blog

This article is for your convenience, dear readers. This article should not be construed as a substitute for legal advice by a Family Lawyer.

As a general rule, the issue of paternity testing is under the jurisdiction of the Family Court. Also, in quite a few judgments, the judges have ruled that when a dispute arises, known as a "triple" dispute, i.e. - husband, wife, and lover, then the discretion is reduced. That is, when the question of paternity arrives and there is concern about the status of the minor (i.e. - bastard or non-bastard), they will immediately determine that the question of paternity should not be discussed while examining the tissues.

The legislature on the subject of paternity testing left the decision to the courts. Also, when deciding on a paternity test, what guides the court is the best interests of the minor, in cases where the parties come to court and demand a paternity test. Whenever there is concern about the status of bastards in the minor case, the court will not force the paternity test and will not ask about it. Today, this is the rule of court judges.

In the framework of the TAMAS (TA) 76760/01 S.N. v. K.S.A. in the Family Court, the principle of the best interests of the minor was discussed. This minor was born to a mother and another person, who is probably not her father. The mother asks the court for permission to perform a paternity test to determine whether her father is a biological father. However, the defendant, who we will call the lover, opposes the paternity test, arguing that the minor was not yet, when he entered into the relationship with her mother, and therefore he is not her biological father.

Also, not only the defendant objected to the paternity test, but also the Attorney General, for fear of the bastard status of the minor. The Family Court ruled that"The benefit of the minor only is the sole consideration that the court must consider when considering the question of whether to order a genetic test to order for the purpose of determining whether the defendant is the minor's father. The court must do everything necessary to spare the minor the risks and mental damages. And the physical ones involved in the absence of a father figure, in which the likelihood of their existence outweighs any fear of harm if the rabbinical court deviates from its precedents and agrees to accept the results of the genetic test to order as evidence and bastardize the minor. "In addition to the harm done as a result of the minors themselves. There is no doubt that a minor who grows up when his father is in the world, and who can exercise his right to receive financial support from him and the chance to receive love, warmth, and care from him - will develop healthier mentally." The court also adds in its ruling and states that "the value of equality before the law requires the non-discrimination of the minor from any Jewish child,

The judges also mentioned an older ruling, stating that "regarding the sculpture of a child as a bastard because his mother, married, conceived a foreign man, a series of additional presumptions and assumptions were established in Halacha that greatly reduced the possibility of infecting a bastard character to a child. From a married woman, legally strong that the man who is married to his mother is his father, and this is according to the principle of the majority, and the assumption that "a majority causes another husband."

With regard to paternity tests, the perception and assumption are that the court fears that the minor will be defined as a bastard - for all that this implies, unfortunately - according to the legal situation that exists in the State of Israel.

This presumption is almost unchangeable and there may be cases in which the best interests of the minor will actually be in the tissue test. However, the court is required to exercise its discretion and take into account the circumstances for which the tissue examination is requested. It is important to consult a family lawyer and get full help and assistance when it comes to the issue of paternity.