| Advice on Paternity Tests |
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We have some very clear advice for anyone going through the emotional process of establishing paternity. You must remember that no matter whom you are, the mother or the father, the fact is that other people have been in the same circumstances as you before and people are still facing the same problems now! It's happened to the richest of the rich and the poorest of the poor. Hopefully all parties involved are still on speaking terms and the issue can be sorted out amicably. However sometimes this isn't the case and the process can travel down the road of becoming a legal matter, both civil and criminal. One thing that all parties must rememb er is that, It is illegal to obtain a person’s DNA for the purposes of testing without their knowledge or consent. If the candidate is under 18 then the legal guardian must give consent. This isn't just aimed at potential fathers obtaining a child's DNA covertly; it also goes for mothers who wish to covertly obtain DNA samples of potential fathers. In 2007 there were several case which actually came to court with regards this offence. If individual parties are not on speaking terms, then seek legal representation with regards contact with the others involved. Keep things above board and proper or it will hurt your case in the long run. Too many cases have been thrown out of the courts for parents thinking they can do what they want and steal DNA for the other parties, don't become one of them. Whenever you get them to do a DNA test, make sure they sign a consent form drawn up by a legal party.
In the case where the potential father wants a DNA test and the mother does not, the father has the right to request from a court that a order is given to the mother so that blood tests can be taken. Please be aware that for this to happen, the father must convince the judge that there is ground that the child could be his. Grounds such as a relationship existing in the past, or other strong circumstantial evidence is usually enough. If the child is born during a marriage, the husband has automatic rights to the test, as he is deemed to be responsible in the eyes of the law. It is almost the same in reverse with regards the mother trying to prove that a reluctant father is actually the parent. In cases where the potential father declines a DNA test, the mother will need to convince a court that there is such grounds for a test. Sometimes the government agency will fastrack the case on behalf of the mother due to the fact that Child Support may be required and thus falling under their jurisdictionThe best Advice we can give, is to get proper legal advice early. |
