Mater semper certa est
Encyclopedia
Mater semper certa est is a Roman-law
principle which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle (literally: Presumed there is no counter evidence and by the law). Its meaning is that the mother of the child is always known.
Since 1978, when the first child was conceived by the technique of in-vitro fertilization
, the principle of "Mater semper certa est" no longer applies, since a child may have both a genetic and a natural ("birth
") mother. Since then some countries have converted the old natural law to an equivalent codified law - in 1997 Germany has introduced paragraph 1571 "Mutterschaft" (motherhood) of the BGB (civil code
) reading "Mutter eines Kindes ist die Frau, die es geboren hat." (mother of a child is the woman who has given birth to it).
The Roman law principle however does not stop at the mother, in fact it continues with "pater semper incertus est" ("The father is always uncertain"). This was regulated by the law of "pater est, quem nuptiae demonstrant" ("father is to whom marriage points"). Essentially paternity fraud
had originally been a marriage fraud in the civil code (in Germany the historic "Ehelichkeitsanfechtungsklage" was simply renamed as "Vaterschaftsanfechtungsklage" when legal paternity
was redefined) due to this principle. Today even married fathers will often use the modern tools of DNA testing to ensure a certainty on their fatherhood.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
principle which has the power of praesumptio iuris et de iure, meaning that no counter-evidence can be made against this principle (literally: Presumed there is no counter evidence and by the law). Its meaning is that the mother of the child is always known.
Since 1978, when the first child was conceived by the technique of in-vitro fertilization
In vitro fertilisation
In vitro fertilisation is a process by which egg cells are fertilised by sperm outside the body: in vitro. IVF is a major treatment in infertility when other methods of assisted reproductive technology have failed...
, the principle of "Mater semper certa est" no longer applies, since a child may have both a genetic and a natural ("birth
Birth
Birth is the act or process of bearing or bringing forth offspring. The offspring is brought forth from the mother. The time of human birth is defined as the time at which the fetus comes out of the mother's womb into the world...
") mother. Since then some countries have converted the old natural law to an equivalent codified law - in 1997 Germany has introduced paragraph 1571 "Mutterschaft" (motherhood) of the BGB (civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
) reading "Mutter eines Kindes ist die Frau, die es geboren hat." (mother of a child is the woman who has given birth to it).
The Roman law principle however does not stop at the mother, in fact it continues with "pater semper incertus est" ("The father is always uncertain"). This was regulated by the law of "pater est, quem nuptiae demonstrant" ("father is to whom marriage points"). Essentially paternity fraud
Paternity fraud
Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It...
had originally been a marriage fraud in the civil code (in Germany the historic "Ehelichkeitsanfechtungsklage" was simply renamed as "Vaterschaftsanfechtungsklage" when legal paternity
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
was redefined) due to this principle. Today even married fathers will often use the modern tools of DNA testing to ensure a certainty on their fatherhood.