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Home Family Law

DNA – Evidentiary value of blood tests for determining paternity

by PLRonline
March 9, 2025
in Family Law
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The evidentiary value of blood tests for determining paternity, has been discussed in Rayden and Jackson on Divorce and Family Matters, (1983) Vol. I, at Pg. 1054, in the following words:

“…depending on the type of litigation, samples of blood, when subjected to skilled scientific examination, can sometimes supply helpful evidence on various issues, to exclude a parentage set up in the said case. But the consideration remains that the party asserting the claim to have a child and the rival set up parents put to blood test must establish his right to do so. The courts exercise protective jurisdiction on behalf of an infant. In my considered opinion, it would be unjust and not fair either to direct a test for a collateral reason to assist a litigant in his or her claim. The child cannot be allowed to suffer because of his incapacity; the aim is to ensure that he gets his rights. If in a case the court has reason to believe that the application for the blood test is of a fishing nature or designed for some ulterior motive, it would be justified in not according to such a prayer.”    (Emphasis by us)

Tags: 1478500149750033174043319403401708443768445560470684DNADNA - MatrimonialEvidenceJurisdictionS
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