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  1. #1
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    Default How to File for Paternity Against a Foreign National

    A woman had a relationship with a tourist, and became pregnant. He has returned home to Germany and has not responded to her attempts to contact him. How can she establish paternity if he's not in the United States?

  2. #2
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    Sep 2005
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    Default Re: How to File for Paternity Against a Foreign National

    Although she could start a paternity case in the state in which she lives, and have him served in Germany, if he does not participate in the U.S. proceedings she may have difficulty enforcing the order in Germany based upon due process issues. She could speak to a lawyer in Germany about commencing a paternity action in that nation, but she needs to keep in mind that Germany is not friendly territory for the litigation of custody cases where the child might be raised in a non-German speaking nation.

    It may make sense for her to seek the U.S. paternity order first and, if he does not participate, to follow up in Germany to try to compel a DNA test and enforcement of any support order from the U.S. court, but that is largely a question of German law -- and for that analysis, she needs to consult a German lawyer. One way or another, if her hope is to collect child support, as long as the father remains in Germany she will need to get an order that will be recognized and enforced by that nation's courts.

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