The protection of the child is the primary consideration
However, there is a general right to privacy and a right not to have
one's DNA analysed.
Paternity testing in particular reveals private information not only about the person taking the test, but also the child's mother and third parties. This information can put mothers at risk of violence.
These rights need to weighed against each other, and only a judge can do that.
For genetic testing in general the law has evolved to establish that employers or insurers cannot require a person to have a genetic test that could prevent them from getting a job or health insurance.
In the case of paternity testing, a person cannot be required to take a paternity test, unless a judge decides that it is necessary for the protection of a child. The situation where a person collects a DNA sample without knowledge or consent is considered unacceptable.
However if there are two people who are potentially the father of a child. Then a paternity test taken by one will imply the paternity of the other. In French law (which generally places a higher value on privacy) this is seen as unacceptable unless it required for the protection of a child.
One particular concern is of the risk of "honour" violence against women. This seems to be a factor in the banning of paternity testing in some countries. Women have been murdered for committing adultery, and a paternity test may provide evidence of adultery.
There is also a concern that DNA testing done by a kit, or in an unregulated lab will be of low quality, and give erroneous results.
Alimony doesn't always require proof of biological parentage. For example, an adoptive father can be required to pay alimony. A man who has had parental responsibility for many years can be required to contribute to his presumed children, even if they turn out not to be genetically related. This is a matter for a Judge to decide, on the principle that children should be protected. Where the biological parenthood does need to be determined, the Judge can still order the paternity test.
I recently found out that France has ban on paternity tests unless
given special permission by the courts. This essentially means that no
man is legally able to test whether or not a baby is his.
To me, this shows complete disrespect for male reproductive rights.
Not only are men required to support a child that they have, no matter
what, but they are now not even allowed to know if it is their child?
This seems completely ludicrous to me.
The logic behind the bill is that it will "keep the peace" in French
families, but this seems like extremely weak reasoning to me.
Honestly I'm just flabbergasted by the whole thing. I don't understand
how this can be law in a developed country. Could a mother not just
name someone as the father and they would have no recourse? If I slept
with someone, then they have a baby, they can just decide I'm the
father, even if they know (or strongly suspect) I'm not and I have no
say in it. It seems completely crazy. CMV.
The law is there to forced innocent men to pay for men that isn't his. Typical government programs.
I think I have a similar question. Recently the parliament in my country vote to require corruption investigator to get their permission first before investigating a parliament member.
It's pretty similar with requiring men to get permission from a judge first before investigating paternity.
The parliament in indonesia is known to be very corrupt. Such laws would effectively allow them to steal money and get away with it.
So why do they make such law?
Precisely for that reason.
Of course, in the bill, there is no words that say, okay, the law's purpose is to protect our stealing. That would be politically incorrect. Hence, the true purpose of the law is so controversial and obfuscated that we can never really know for certainty that it's the purpose. But c'mon. Hence, the true purpose of the law can only be done by speculating. Obviously, it's a very obvious speculation.
I think the case here is similar.
The other answer talk about it's something a judge should decide. However, it doesn't say what the judge consider when deciding.
In western civilization, if you're married, and someone have sex with your wife, you still have to pay child support. Now, that paternity tests can prevent that. In fact, you don't even need marriage anymore if you are only concerned with passing your wealth to your sons.