At the request of the Court of Appeal, the hearing relating to legally establishing the end of the relationship by descent between Jacques Boël and Delphine Boël, anticipated for September 20th, was brought forward to yesterday. Marc Uyttendaele indicated the position at the end of yesterday. He is defending Delphine Boël, alongside the senior barrister, Me Alain Jonge, and Yves-Henri Leleu. Proceedings have essentially hinged upon contesting the paternity of Jacques Boël. The proceedings are to be considered by the relevant judges in chambers. Judgment is to be passed before the end of the year.
The issue must be finally decided before the paternity action takes place, it being against King Albert II. Delphine Boël’s lawyers will refrain from all communication upon this case during the period of the consideration of the case by judges in chambers.
To recap, Delphine Boël commenced an action to disclaim Jacques Boël’s paternity, with a view to acknowledging King Albert II as her “real” father. The 43rd Chamber of the Brussels Court of Appeal stated, in a decision in June, that it is not necessary for Jacques Boël to take a further DNA test.
He had already taken a DNA test in 2013, which had concluded that he is not, in fact, Delphine Boël’s biological father. The Brussels Court of Appeal believed that this DNA test, carried out outside of the judicial process, was more than sufficient. It was therefore not necessary to undertake a further test relating to the case.
In respect of King Albert II, the court believed that for technical and legal reasons, it was too early to make a decision as to whether or not he should also take such a genetic test.