Dunedin Family Lawyer
  • Blog
  • Resources & Links
  • Contact A Specialist Family Lawyer in Dunedin Now

Paternity testing - how it's done

7/7/2016

 
An earlier blog covered the situations when a paternity test might be required. This blog will discuss the practicalities of having the test done.

If you and the other party are in agreement, you can arrange and pay for a test yourselves. There is no need in that situation to make an application to the Family Court. You should however consider taking legal advice.

Typically after the application is made to the Family Court, the Court issues a recommendation that DNA testing is done. It is then up to the mother and the putative (possible) father to arrange for a sample of their DNA to be collected.

Generally, the mother takes the child to an approved laboratory, with photo ID for the mother, and a printed photograph of each of them. A blood sample is taken from the adult, and a cheek swab from the child. The photos are kept on file as proof of the person from whom the sample was taken. The father will also attend the laboratory (not at the same time), with photo ID and a photo of himself.

In Court proceedings, identification is a very important part of the process, so that the testing laboratory can conclusively report whether or not the alleged father is indeed the father. There is a clear "chain of custody" so there can be no doubt whose samples were taken.

The only laboratory who does this Court-approved testing in New Zealand is DNA Diagnostics. Their website has useful information about the testing process, and cost.

In Dunedin, the laboratory that takes the samples is Southern Community Laboratories at 95 Hanover Street. You will need to make an appointment first.

If a mother or father is eligible for legal aid, the costs of the test are usually covered by the legal aid grant. It may of course have to be paid back, but that is at an affordable rate.

If the test is not required for Court, then you could look into the various online companies who offer DNA testing. This could be appropriate if the mother and putative father get on well, can cooperate to send the samples away and can be trusted to accept the results once they are in. But if there are any doubts about the other parent’s ability to maturely and calmly accept the results of the test, a Family Court application is likely to be the best option. Contact a specialist family lawyer to discuss your options and the best way forward.

Paternity testing

29/6/2016

 
Sometimes it is necessary to carry out paternity testing on a child. Common cases include where the mother cannot be sure who is the father of her child, where a man is not convinced he is the father of a child, or where a mother knows who the father of her child is, but he refuses to acknowledge that.

This can be a very real issue for the child, who may grow up not knowing who his or her father is. Studies show that a child is likely to have better outcomes in life if they know who their parents are. Growing up not knowing who your father is will have a significant impact on a person's life. Just watch "Missing Pieces" or "Lost & Found" on TV if you need proof!

A more immediate issue can arise when a father is not named on the birth certificate, and will not acknowledge paternity in writing. In that case a mother receiving a sole parent benefit will have her benefit reduced until she is able to conclusively name the father. This is so that the father can then be required to support his child by paying child support. Typically the sole parent benefit is reduced by over $20 a week. 

Back in the day all sorts of lurid information was required to prove a paternity claim. These days almost all applications are resolved by DNA testing. The Court can recommend DNA testing is done, although it cannot require it, and no person can be compelled to undergo a DNA test if they do not want to.

If a putative (possible) father refuses to take a DNA test, the Court can draw an inference from that. That is, the Court can assume that the man is refusing to take the test because he knows very well that he is the father, but he doesn't want it to be proven. In that case the mother will need to provide corroborating evidence as well, but it is quite possible for the Court to make a paternity order even without DNA testing.

The application is a relatively straightforward one for an experienced family lawyer to prepare, but there are a number of pitfalls for a person trying to make the application on their own. It is recommended that you consult a specialist family lawyer if you need to make, or respond to, an application for a paternity order.

    Archives

    July 2016
    June 2016
    April 2016
    February 2016
    September 2015

    Categories

    All
    Care Of Children
    Divorce/Dissolution
    Family Law Expertise
    Lawyer For Child
    Litigation
    Paternity
    Relationship Property

    RSS Feed

Contact a specialist family lawyer now for an appointment:
03 477 5155 / 022 477 5155
Picture