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Mater semper certa est
' ("The mother is always certain") is a Roman-law principle which has the power of ', 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 ' no longer applies, since a child may have a ''genetic'' and a ''natural'' ("birth") mother who are different individuals. Since then some countries have converted the old natural law to an equivalent codified law - in 1997 Germany introduced paragraph 1571 ' ("motherhood") of the BGB (civil code) reading ' ("the mother of a child is the woman who gave birth to it").
The Roman law principle however does not stop at the mother, in fact it continues with ' ("The father is always uncertain"). This was regulated by the law of ' ("the father is he to whom marriage points"). Essentially paternity fraud had originally been a marriage fraud in the civil code (in Germany the historic ' ("action in dispute of legitimacy") was simply renamed as ' ("action in dispute of fatherhood") 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.
==References==
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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