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Please thus the Auslanderbehorde have right to demand DNA from your German child.

I have a German child who is now 3years old and since last year my lawyer had applied for residence permit and he had sumitted the vaterschaft, sorg and birthcertificate to them and now there are demanding DNA from my son whiles me and my girlfriend have no problem that the child is not mine.

My question is that the Auslanderbehorde have the right to ask DNA before i can get my residence, whiles have already done the Vaterschaft years ago.

hope i can get answer from you.

Thanks
asked Mar 29 in Legal advice by christianowusu

Dear @christianowusu,

Thank you for sharing your experience with the community. I allowed myself to look into your profile to better understand your situation. It would be great if you could confirm I got it right and give me some more detail.

Your oldest child is German, and you did the Vaterschaftsanerkennung with her or his mother 3 years ago. You visit them every month, but don't have the Sorgerecht for her or him.

Your youngest child was recently born from a mother who holds a residence permit. You did the Vaterschaftsanerkennung and have the Sorgerecht for her or him.

You applied for a residence permit one year ago, and the Ausländerbehörde is now asking for a DNA test of your eldest child. Is that correct?

Was your youngest child already born when you applied for a residence permit?

Pls I applied the residence permit before my second child was born.

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2 Answers

0 votes
Yes the ausländerbehorde   have right  to ask you that even  your lawyer  can't defend  you abut that,  they have right to ask you to do DNA and they can chose  the hospital  for you too, but it depends  on your  situation.
answered Mar 30 by Kwame
But I was told by my lawyer is only the court that have right to ask for DNA since my Ex had not said is not mine child. And have already signed everything years ago.
Please you are wrong they do not a similar issue has gone to court and the court ruled that they do not.
0 votes

NO, THEY DO NOT!

When I first came to Germany I went through this process as at 2012 the Auslanderbehorde could challenge the paternity of a child with DNA. Now that is not the case I read an article somewhere and I will look for it and paste it for you here. Because this issue has gone to court and the court ruled against the Auslanderbehorde. The legal father in Germany that is you who signed the father has precedence.

answered Apr 4 by Afromum
Thanks allot Mom because I have signed the vaterschaft long time and June my son will be 4 years.
Now they don't want to answer the court back why they need DNA when the court asked them the reason why and seond letter sent again last month March and till no answer from Auslanderbehorde.
  It seems they don't care and now I don't know what the court action is.
You said 2012 right?  Go on with your  2012 because  we are still  in 2012 hahahahha and let wait  and see,  is my opinion , you are creating  more subspecies  because  one,if the child  is for you why are you afraid  to do the DNA,  since  2016 auslanderamt   can  tell the court  they suspect  something  that the child  is not for you,   and court  will tell you  to do it,  it has happened  more the 100 people,   auslanderamt  can chose  to ask you they can also  choose  not ask you.
Kwame dont worry if it is only the DNA i dont have problem at all, will be happy to do with my 2kids in Germany just that it is recently 2018 they asked for the DNA from my lawyer.

  And am not afriad just that they should have allow me to do it long time years if that was only thing to give me stay i know the kids are mine but the only waiting and waiting is my problem not the DNA have also told my lawyer i want to do it but he said i should wait for answer from court oder just that it taken long for answers and my son is 4 and daughter 1year .

 i have more chances but the delaying is the only problem.
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