Constitutional Court: DNA Testing Requirement in Judicial Adoption Proceedings Is Aimed at Protecting the Rights of the Child

The Constitutional Court considered a petition seeking review of the constitutionality of provisions of the Code “On Marriage (Matrimony) and Family” and the Civil Procedure Code, which require the submission of a molecular genetic examination report when a court considers an application for the adoption of a child by the spouse of the person whose paternity has been established.

The applicant argued that the court’s requirement for DNA testing in the absence of a dispute over paternity affects the right to private and family life, the principle of equality and the right to judicial protection, and is inconsistent with the principle of giving primary consideration to the best interests of the child.

The Constitutional Court noted that the institution of adoption is aimed at protecting the rights and interests of the child, while a molecular genetic examination ordered by the court in the course of the proceedings makes it possible to confirm the child’s biological relationship with the father, ensures the lawfulness and validity of judicial decisions, and contributes to the realization of the child’s right to know his or her parents. At the same time, the Constitutional Court reiterated that the examination and assessment of the factual circumstances of a specific case do not fall within its powers.

Given that the constitutionality of the relevant legal regulation had previously been reviewed and that there were no indications of a violation of the applicant’s rights and freedoms, the Constitutional Court declined to accept the petition for constitutional proceedings.