Challenge to the acknowledgment of paternity by the home and residence municipality of the acknowledging party

Facts

A. (Swiss citizen) and C.B. (Kosovar national) were married in 2004 in Kosovo. After their divorce in 2010, [A.] acknowledged the son B.B. born in September 2010 as his child. The municipal office of the Canton of Zurich, the city of Winterthur, and the municipality of Flums-Dorf filed a lawsuit against [A.] and B.B. to challenge the acknowledgment of paternity.

The District Court ordered a DNA analysis to clarify the paternity. [A.] refused to cooperate, and B.B. failed to appear for the appointment without excuse. The High Court affirmed the standing of the plaintiff municipalities, but held that a compulsory DNA analysis was excluded and dismissed the lawsuit.

Considerations

The Federal Supreme Court decided that the child's interest in maintaining the parent-child relationship does not limit the right of the acknowledging party's home and residence municipality to file a lawsuit. The municipalities have an independent right of action to challenge abusive acknowledgments of paternity, e.g., to obtain the right of residence or citizenship.