Genetic examinations to establish parentage

(1) A genetic examination to establish parentage may be carried out only where the person whose genetic sample is to be examined has previously been informed about the examination and has consented to the examination and to the obtaining of the genetic sample required for it; section 8 applies accordingly to consent. The information must be given by the person responsible for carrying out the examination; section 9(2) number 1 first half-sentence, numbers 2 to 5, and (3) applies accordingly to the information. Only the examinations of the genetic sample necessary to establish parentage may be carried out. No findings on other facts may be made.
(2) Subsection (1) applies accordingly to persons who have a genetic examination to establish parentage carried out.
(3) A genetic examination to establish parentage may be carried out on a person who is not capable of understanding the nature, significance and implications of the genetic examination and of determining their will accordingly, where 1. the examination has previously been made understandable to the person, so far as possible, in a manner appropriate to them, and they do not refuse the examination or the obtaining of the genetic sample required for it, 2. the person's representative has previously been informed about the examination and has consented to the examination and to the obtaining of the genetic sample required for it, and 3. the person is not expected to suffer more than a minor impairment to health, and not beyond the risks ordinarily associated with the examination and the obtaining of the genetic sample required for it. Subsection (1) sentences 1 and 2 and subsection (2) apply accordingly to informing and obtaining the consent of the representative. Sections 1627 and 1821(2) to (4) of the Civil Code apply.
(4) Genetic examinations to establish parentage may be carried out only by physicians, or by non-medical experts experienced in the field of parentage assessment who hold a completed higher-education qualification in the natural sciences. Section 7(2) applies accordingly.
(5) Section 11(2) to (4), on the notification of results, and section 13, on the use and destruction of samples, apply accordingly; section 12, on the retention and destruction of results, applies accordingly, with the proviso that the results of the genetic examination must be retained for 30 years.
(6) By way of derogation from section 15(1) sentence 1, a prenatal genetic examination to establish parentage may be carried out only by physicians, where, according to medical findings, an unlawful act under sections 176 to 178 of the Criminal Code has been committed against the pregnant woman and there is urgent reason to assume that the pregnancy resulted from that act.
(7) A final and binding court decision under section 1598a(2) of the Civil Code is equivalent to the consent required under subsections (1), (2) and (3) sentence 1 number 2. In that case, a refusal under subsection (3) sentence 1 number 1 is immaterial. The provisions on establishing parentage in the course of court proceedings remain unaffected.
(8) Genetic examinations on a buccal mucosa swab produced to establish a relationship in proceedings under the Passport Act or the Act on Identity Cards and Electronic Identification, or in proceedings before foreign missions and immigration authorities relating to family reunification under the Residence Act, are not subject to 1. subsection (1) sentence 1 second half-sentence, insofar as it refers, in respect of the decision whether and to what extent the examination result is to be disclosed or destroyed, to section 8(1) sentence 2, 2. subsection (1) sentence 2 second half-sentence, insofar as it refers to section 9(2) numbers 2 and 5, and 3. subsection (5), insofar as it refers to section 12(1) sentence 1. Subsection (3) sentence 2, in conjunction with subsection (1) sentences 1 and 2, does not apply to informing and obtaining the consent of the representative under subsection (3) sentence 1 number 2, insofar as it refers, in respect of the decision whether and to what extent the examination result is to be disclosed or destroyed, to section 8(1) sentence 2, and to section 9(2) numbers 2 and 5. By way of derogation from subsection (1) sentence 2 first half-sentence, the information under subsections (1) and (3) may, in proceedings before a foreign mission, be given by a person other than the one responsible for the examination, who need not satisfy the requirements under subsection (4). Where a suspicion of a criminal offence arises, the result of the genetic examination and the genetic sample may, by way of derogation from subsection (5), also be transmitted for the purposes of criminal prosecution even after withdrawal of consent; section 11(4), section 12(1) sentence 4 and section 13(1) do not apply in that case.