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In accordance with the decision of the Parliament:
This law applies to legal genetic paternity research.
On the subject of judicial genetic paternity ( Research ) Means any examination of human genes, other inherited DNA or gene products being carried out in order to establish or repeal paternity.
The court or tribunal may order the investigation to be carried out in the present case, if the party so requests, or if the court considers it necessary to clarify the matter otherwise. A child supervisor can order a study if the paternity law (11/2015) § 9 Are in place.
L to 12/2015 Article 2 enters into force on 1 January 2016. The previous wording reads:
The court or tribunal may order the investigation to be carried out in the present case, if the party so requests, or if the court considers it necessary to clarify the matter otherwise. A child supervisor can order a study if the paternity law (700/1975) in Article 11 Are in place.
The study will be carried out in the Health and Welfare Institute or at the Hjelt Institute of Helsinki ( Research factor ).
L to 12/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
The study is carried out at the Public Health Institute or the University of Helsinki Law Medicine ( Research factor ).
The court may order the investigation to be carried out on the child, mother and the person involved in the proceedings. The Court may, in the case of the revocation of paternity leave, also order an investigation of another man if, on the basis of the facts raised in the proceedings, it is reasonable to assume that this is the father of the child.
Where information on the whereabouts of the examination referred to in Article 4 cannot be obtained, the court may order that the investigation be carried out on a tissue sample previously taken from him, or that the study shall use the data obtained from him in the previous investigation Information.
If the investigating man or mother is dead, but is not yet buried or cremated, the court may order a study to be carried out on a tissue sample to be taken from the deceased. If the deceased is missing or cannot be identified reliably or if the deceased is buried or cremated, the court may issue the order referred to in paragraph 1.
However, the investigation under paragraph 1 or 2 may not be ordered from the mother until it has been shown that the study on the child and the man does not provide sufficient explanation for the paternity issue.
The court may order an investigation to be carried out on both parents, with the consent of the latter, if the man has disappeared or died and the investigation cannot be carried out pursuant to Article 5 (1) or (2).
If a man's father or mother has disappeared or died, the provisions of Article 5 (1) and (2) shall apply, unless there is reason to believe that the missing or deceased parent would not have given their consent to carry out the investigation.
Where an investigation cannot be ordered in the manner provided for in Articles 4 to 6, the court may order it to do so with the consent of the other parent or other relative.
Articles 6 and 7 provide for the examination of a man's relatives, shall apply to the relatives of the mother if there is no sufficient explanation of the paternity test for the child and the husband or their relatives.
The investigating trustee or other legal representative may grant consent to carry out a study if, due to age, mental health disorder, disability, or any other comparable reason, the examination of the matter is unable to understand the meaning of the case and there is no reason to It is assumed that the examination would not give its consent to the investigation.
In the cases referred to in paragraph 1 or in the cases referred to in paragraph 1, his trustees or other legal representatives may withdraw their consent until the results of the investigation have been submitted to the court.
Before giving the examination order referred to in Articles 4 or 6 to 8, the court or tribunal shall reserve the opportunity for the party to seek the annulment or confirmation of the paternity to be heard.
Where a study is carried out pursuant to Article 5 on a tissue sample, before issuing a study order, the court shall provide an opportunity to be heard by the spouse or widow of the person concerned and the heirs from which the sample has been or is to be taken. If a missing person has been assigned a guardian, this must also be an opportunity to be heard.
Before the Court orders an investigation pursuant to Articles 6 to 8, it shall seek a written statement from the author of the investigation as to whether the investigation will contribute to the investigation, and whether the investigation can show whether or not the investigation The facts of the child's birth. The opinion shall be served on the examination or, in the cases referred to in Article 9 (1), his guardian or other legal representative.
When ordering a study to be carried out on a living person, the court shall be obliged to examine, at the risk of a fine, within a period of time, proof that he has taken the necessary sample. If the order concerns a child under the age of 15, the periodic penalty payment shall be lodged with the child's legal representative. The periodic penalty payment shall not be imposed on the person from whom the sample can be taken only with his consent.
The certificate shall be issued by an official of the Finnish delegation within the meaning of Article 18 (2) of the health care professional responsible for taking the sample. (13/05/12)
L to 12/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
The certificate shall be issued by the doctor responsible for taking the sample.
Where a periodic penalty payment imposed pursuant to Article 11 (2) has not been complied with by a court or tribunal, the court may sentence him to periodic penalty payments and, if the taking of the sample is still necessary To establish a new, higher periodic penalty payment.
If it is likely that, in spite of the periodic penalty payment referred to in Article 11 (2), the investigation or his legal representative does not comply with the investigation order referred to in Article 11 (2), the Court may, instead of imposing a penalty payment, order the examination of the And that the sample may be taken against the will of his or her legal representative.
The police officer referred to in paragraph 2 of the court order shall be obliged to provide the necessary administrative assistance for the introduction of the sample and for the sampling.
For the purpose of the study, a cell sample of the oral mucous membrane is taken, unless there is a specific reason for taking blood.
A sample shall be taken from the available tissue.
The blood sample will take the necessary training to the licensed health care professional in the health care unit. The sample of the mucous membrane may also be taken under the supervision of an official of the Finnish delegation within the meaning of Article 18 (2) of the Paediatric Controller or the Act of paternity. Before sampling the sample, the sampler shall certify his identity to the sampled sampling probe or to the monitoring officer.
L to 12/2015 Article 13 will enter into force on 1 January 2016. The previous wording reads:
For research, a blood sample is taken for the study. If a blood sample can cause a health hazard or hazard, or if there is another reason, the sample can be taken from the mucous membrane.
A sample shall be taken from the available tissue.
The sample shall be taken by a licensed or licensed doctor or by any other health professional under his direct control. Before taking a sample, the doctor should state the identity of the test.
Where an examination cannot be carried out on a sample taken pursuant to Article 13, or where the verification of the result of the examination or completion of the examination is necessary prior to the submission of the opinion, the author of the investigation shall, without delay, notify the need for a new sample The court or the situation of the child's administrator who issued the research order. When issuing a new research order, the court shall set a deadline for the examination to show that a new sample has been taken. Article 11 (2) and (3), as well as Articles 12 and 13, shall apply to the issuing of a research order and the taking of a new sample.
The examiner shall dispose of a sample taken in accordance with Articles 13 or 14 when two years have elapsed since the investigation was carried out.
Upon request, a certified or authorised medical practitioner or another healthcare professional may, upon request, take a sample of the deceased for a possible examination of the specimen without the consent of the surviving spouse and heirs of the deceased, if the request for Provide a statement that sampling may be necessary for the confirmation or annulment of the paternity. The right to submit a request is by virtue of which, according to the law of paternity, an action may be taken to establish or annul paternity.
The sample referred to in paragraph 1 shall be disposed of when two years have elapsed since it has been taken, unless the sample is held by the hospital, the health care unit, the university institution or the healthcare professional, Clarified that the matter of strengthening or abrogating paternity is pending. The sample thus obtained shall not be investigated without the consent of the deceased's widows and heirs or a court order.
The Court may, at the risk of the fine, prohibit the hospital, the health care unit, the university department or the healthcare professional from disposing of the person referred to in Article 5 to 8 or 16 other than the sample taken under this law. The prohibition may be imposed upon application if the applicant submits a statement that the maintenance of the sample may be necessary in order to obtain evidence in a case where the applicant is a party or whose Intends to initiate. The application shall be notified without delay to the person to whom the prohibition is sought. The ban will then be provisionally maintained until the court has resolved the application. The prohibition laid down by the Court shall remain in force until the matter of the confirmation or abrogation of paternity has been settled by a judgment.
The prohibition shall be imposed for a period of time, but not more than two years. For a specific reason, the Court may, during the period of validity of the prohibition, extend the period of validity of no more than two years.
In the absence of a trial for confirmation or annulment, the initiation and treatment of the issue of the prohibition within the meaning of this Article shall apply to: In Chapter 8 of the Court of Justice Provides. The application shall be examined by the court competent to deal with the application for confirmation or annulment of which the application is concerned.
The penalty payment referred to in this Act shall be fixed at a fixed amount in euro, taking into account the ability to pay. The periodic penalty payment may, for a particular reason, be judged to be less stringent than it has been set.
Where the investigation has been ordered to produce a sample, the payment and reimbursement of the costs of subsidisation shall be subject to: Article 32 of Chapter 12 of the Court of Justice Provides.
During the trial of the District Court, a decision taken under this law shall be subject to an individual appeal: In Chapter 25 of the Court of Justice Provides. The appeal must be treated as a matter of urgency.
Where a court has ordered a sample to be taken from a person other than the one concerned, the court or tribunal shall be entitled, upon request, to obtain compensation from State resources for the necessary journey to take the sample; and Costs of subsistence. The court may order the compensation to be paid in advance if the person assigned to the investigation so requests.
If an advance has been deprived of a legal obstacle, the court shall order the advance to be recovered from him for which the advance has been paid. Before issuing an order, the court shall reserve the opportunity to be heard.
In advance of the payment of the costs referred to in paragraph 1, State resources shall, where applicable, be in force in accordance with the law on State resources (666/1972) And the Regulation adopted pursuant to it.
State resources shall be paid for:
(1) the taking of the sample referred to in Articles 13 and 14 and the issuing of the certificate referred to in Article 11 (3);
(2) concerning the conclusion and adoption of an inquiry ordered by the court or appointed by the child's administrator;
3) for the adoption of the opinion referred to in Article 11 (1).
The costs referred to in Articles 19 and 20 shall be borne by the State. However, the court may order the party concerned to reimburse the costs of the State's assets, or part thereof, if the proceedings were manifestly unfounded or if the investigation or the statement made had not been relevant. In the light of the circumstances of the case and the reimbursement of costs may be considered reasonable.
Where an investigation has been imposed on a man or a relative of a man or mother who is not a party to the proceedings, the compensation to be paid for the economic loss under investigation shall apply: In Article 65 of Chapter 17 of the Court of Justice Provides for compensation to the witness.
L to 744/2015 Article 22 will enter into force on 1 January 2016. The previous wording reads:
Where an investigation has been imposed on a man or a relative of a man or mother who is not a party to the proceedings, the compensation to be paid for the financial loss under investigation shall apply mutatis mutandis: In Section 40 of Chapter 17 of the Court of Justice, Provides for compensation to the witness.
The authors of the investigation shall be entitled, without prejudice to the confidentiality rules, to obtain from the other author whether or not they have carried out an investigation, as well as information on the results of the investigation and the opinion issued, if necessary. For the proper conduct of the investigation.
The decree of the Council of State may provide for more detail:
(1) the sampling, processing and dispatch of the sample;
(2) the information to be included in the study and the information to be included in the study;
(3) the information to be included in the opinion referred to in Article 11 (1);
(4) the procedure for sending the opinion referred to in paragraphs 2 and 3;
(5) cooperation between research elements;
(6) the taking of the sample, the certificate for examination and the reimbursement of the sample to be sent;
(7) on the conclusion of a study, an opinion issued on the basis of a study and the submission and reimbursement of the opinion referred to in Article 11 (1);
(8) the invoicing procedure for the payment of the compensation referred to in paragraphs 6 and 7 and the data content of the invoices;
(9) use forms;
10) other implementation of the law.
This Act shall enter into force on 1 October 2005.
This law repeals the Law of 5 September 1975 on certain examinations of blood and other inherited properties (1972/1975) .
Before the law enters into force, measures may be taken to implement the law.
THEY 56/2004 , LaVM 1/2005, EVThis Act shall enter into force on 1 January 2016.
DEC 91/2014 , LaVM 16/2014, EV 235/2014
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
