Request Indian parents for DNA testing rejected

ADOPTED BOY DID NOT AGREE

Source: http://www.rechtspraak.nl

Zwolle-Lelystad, March 7, 2011 – The Family Court of Zwolle-Lelystad has ruled on March 4 in the case of the Indian couple. The Indian couple’s request for a DNA test to determine that a boy adopted by Dutch parents is their biological son, was dismissed by the Court.

Kidnapping

The Indian couple was robbed in 1999 of their son when he was two years old. He would be with the adoptive parents in the Netherlands. These adoptive parents would have adopted their son would in good faith and take care of the now 12-year-old boy since many years.




Request of Indian couple

Besides the request for DNA tests the couple also asked to identify their biological parenthood, information on the boy and contact. The court also rejected those requests.

Conclusion expert

The Court has at its meeting on June 23, 2010 appointed an expert because the boy did not agree with DNA. The expert concludes that the question of whether DNA testing should be done is primarily a question of timing. Timing in which the pace of the minor must be decisive.

Court decision and consideration

The Court held that in itself is possible that the Indian couple are the biological parents of the boy. Also, the starting point is that in principle it is in the interests of adopted children that they know who their biological parents are.

In assessing the requests, the Court considers the various interests of the involved, but the interests of the child prevails.

Given the development of the minor and the events so far the court considers it currently not in the interest of the minor, now that he is not willing to cooperate, to order him to cooperate in a DNA investigation.

The request for a DNA test to be carried out is therefore rejected. In view of this, the court cannot agree to the remaining requests. The question whether the Indian couple are the biological parents, cannot be answered by the Court before DNA testing has taken place.

LJ Nummer BP6936

Source: Court Zwolle-Lelystad

Date actuality: 7 maart 2011