Facts
The case concerns a dispute over the legal paternity of a child. C. gave birth to the child D. in 2014. According to the law, her husband B. was registered as the legal father. The genetic father A. then demanded from the mother and her husband that he be recognized as the legal father.
Since the mother and her husband did not comply with this request, A. filed a lawsuit with the aim of establishing that the inaction of the defendants regarding paternity violated his personality rights. Furthermore, the mother's husband was to be obliged to contest the legal paternity, and A.'s paternity was to be established.
The claim was dismissed in the lower instances. The Federal Supreme Court also dismissed A.'s appeal.
Considerations
The Federal Supreme Court states that according to the law, the mother's husband is considered the legal father as long as his paternity is not contested. Other persons, in particular the genetic father, have no right to contest the paternity or to be recognized as the legal father themselves.
Although the child has a right to know its descent, which is derived from the right to personality, this right primarily belongs to the…