Facts

The appellant [A.] was determined to be the father of the children [C.B.] and [D.B.] by the High Court of the Canton of Zurich. The children were previously in a parent-child relationship with the mother's husband, [E.B.] , which was however annulled by judgment of the District Court of Zurich on 17 May 2013. The appellant requests the annulment of the judgment and the remittal of the case to the lower court for further evidence gathering.

The children [C.B.] and [D.B.] are the daughters of [B.B.] , who is married to [E.B.] . The paternity of the husband was annulled by a final judgment of the Single Judge in the simplified procedure at the District Court of Zurich, 4th Division, on 17 May 2013.

The District Court of Meilen obtained two scientific expert opinions from the Institutes of Legal Medicine of the Universities of Zurich and Bern, which resulted in a probability of paternity of at least 99.999999 % and more than 99.999 %, respectively.

Considerations

The Federal Court has declared the civil law appeal to be admissible and examines whether the lower court has violated federal law. The appellant claims that the paternity suit is inadmissible because the annulment of the parent-child relationship with the mother's husband was done in a legally inadmissible manner.

However, the Federal Court finds that the annulment of the parent-child relationship with the mother's husband is final and therefore irrelevant for the present paternity proceedings whether the appeal was rightly admitted or not. Decisive is only the finality of the judgment, which is…