Facts

The complainant [X.] was sued by the 1995-born [Y.] for determination of paternity. The instructing judge ordered a DNA expert opinion, against which the complainant appealed. The chamber of the civil court dismissed the appeal. The complainant appealed to the committee of the Court of Appeal of the Canton of Basel-Stadt, which dismissed the appeal. The complainant filed a constitutional complaint with the Federal Court, requesting the annulment of the contested decision and the stay of the proceedings until the final settlement of the adoption proceedings of the child [Y.] .

The parties are

  • The complainant [X.] , represented by lawyer Dr. Stefan Suter
  • The respondent [Y.] , represented by official guardian lawyer Willy Bucheli
  • The Court of Appeal of the Canton of Basel-Stadt, committee

The most important dates are

  • August 2, 2000: lawsuit by the respondent for determination of paternity
  • March 26, 2001: order of the DNA expert opinion by the instructing judge
  • August 24, 2001: dismissal of the appeal by the chamber of the civil court
  • November 22, 2001: dismissal of the appeal by the committee of the Court of Appeal
  • February 20, 2002: judgment of the Federal Court

Considerations

The Federal Court examined whether the contested decision was arbitrary. The complainant argued that the committee had arbitrarily granted him the status of a party and thus forced him to undergo a DNA test. However, the Federal Court found that the complainant, as a party to the paternity suit, is obliged by law to cooperate in investigations to determine paternity (Art. 254 No. 2 CC).

The Federal Court also examined whether the order of the DNA expert opinion constitutes an infringement on the complainant's personal freedom. It found that the blood sample or other…