DNA testing – is it worth it?
DNA testing, or parentage testing, is a medical test which can determine who is the biological parent of a child. How does it work? And is it reliable?
The usual method of carrying out the test is with a swab of cells taken from the inside cheek of each of the people involved.
While the internet abounds with companies offering do-it-yourself parentage testing kits, the way the samples are handled and the laboratory testing employed by those companies will not provide you with a result that is admissible in family law matters, or for other legal purposes.
Instead, legally admissible test results require samples to be taken by a medical professional, for the chain of custody for the samples to be secure, and for the testing laboratory to be appropriately accredited.
It’s not actually possible to prove parentage to 100% accuracy, but it can be quite close.
When a person is not the biological parent, the result is 0% if the person is biologically related to the child, the result is typically 99.99%.
Under the Family Law Act, if a person’s name is entered as a parent of the child on the birth certificate, that person is presumed to be the parent of the child.
That presumption can be challenged, but in the eyes of the law it stands until there is proof to the contrary.
Courts can made an order for parentage testing, but it also has the discretion to not make an order for testing.
The court will consider:
- The best interest of the child
- The issue of the child’s identity
- Risk of psychological harm versus knowing the truth
- Would undergoing testing be upsetting, or cause the child to question an aspect of their life they have never questioned before
In a recent case, a seven-year-old boy was living with the man who he had only ever known as his father. The man’s name was also on the boy’s birth certificate.
A second man came forward seeking an order for parentage testing and orders for further involvement in the child’s life. He had also had a relationship with the boy’s mother and wanted to know if he was the biological father of the child.
However, the court decided the child’s interests would not be served by ordering parentage testing, despite doubt about his biological father.
The judge said it was a very finely balanced case.
“(However) it would be unsettling for him to bring into question who is father is at this point in his life,” the judge said.
“This consideration outweighs the other legitimate issue of him knowing the truth that testing could provide.”
So while you may want a DNA test, the courts might not always grant that request.
If you have questions about parenting orders, custody arrangements or any other aspect of family law, please contact Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected]
