Medical Test to determine paternity of a child

In a matrimonial proceeding, the husband or some other man may contest the paternity of a child born during the subsistence of the marriage. There is usually a presumption of paternity in favour of the husband as regards disputes about the paternity of a child born during the subsistence of a marriage. The duty of discrediting this presumption lies on the man who is claiming the child but is not married to the child’s mother.

Determining paternity of a child in a matrimonial proceeding typically involves several steps. Here are the steps below;

1. An application to the Court for genetic testing: The person seeking to establish paternity, often the mother or the alleged father, initiates the legal process by filing the necessary documents making an application to the court for genetic testing. This legal action formally requests the court to determine the child’s paternity.
2. Genetic testing: In most cases, genetic testing is the primary method used to establish paternity. The court may order the alleged father, the child, and sometimes the mother to undergo DNA testing. This usually involves collecting a sample, such as a cheek swab, from each party. The samples are sent to a laboratory for analysis, comparing the DNA of the child and alleged father to determine the likelihood of a biological relationship.
3. Consent or court order: In some cases, the parties involved may voluntarily agree to genetic testing and provide their consent. However, if one party refuses to undergo testing, the court can issue a court order compelling them to participate. Failure to comply with a court order can have legal consequences.
4. Testing process: The DNA samples collected are analyzed in a laboratory using established protocols. The lab compares specific genetic markers between the alleged father and child to determine the probability of paternity. The results are typically presented as a percentage or probability of paternity.
5. Court hearing: Once the test results are available, a court hearing is scheduled. The parties involved, their legal representatives, and any relevant witnesses may present their arguments, evidence, and cross-examine witnesses. The test results are often a significant factor in the court’s decision.
6. Court order or ruling: After considering all the evidence and testimony, the court will issue a ruling on paternity. If the genetic test results indicate a high probability of paternity, the court is likely to declare the alleged father as the legal father of the child. The court order or ruling establishes the legal rights and responsibilities of the father, including child support, custody, visitation, and other relevant matters.

It’s advisable to consult with a family law attorney or legal professional for proper guidance.

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