DNA & Paternity
If there are issues arising over paternity you can make a request to the Court for a DNA test to determine paternity or the court may of its own motion issue such a direction S20(1)1. Any application cannot be made freestanding and must be in existing proceedings for instance under CA 1989. The Court does not make an order but issues a direction for the test. Under S21(3) a blood sample can be taken from a child under 16 if the person who has care and control consents or the court considers it would be in their best interest. S23 FLRA 1987 allows the taking of samples of tissue or fluids (other than blood) to establish paternity. Failure to comply with the direction of the court, enables the court to draw such inferences as appear proper in the circumstances of the case. It must be noted that the Court has a discretion to give such a direction.
In addition in Re T4, the court took the view that testing was in the child’s interests because doubts as to his parentage were already in the public domain. Where there is a conflict in the convention rights of the adult and the convention rights of the child, the child’s rights to know his true identity prevailed.
At Lovell Chohan Solicitors we can advise you on all aspects of paternity testing.
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