Paternity disputes arise when child paternity is in question. This occurs most often when the mother seeks to obtain maintenance payments from the person she believes is the child’s father. Often, a man may willingly agree to the test if he is convinced he is not the father. In that case, he hopes to “clear his name”.
Occasionally, a man may request a paternity test. He may do this if he believes he is the child’s father but is being denied his legal parental rights. Less commonly, an adult child may seek a paternity test. This is most likely where the child grew up in a household without a father or was adopted.
In determining paternity, the court considers whether or not the mother and father were married or in a relationship at the time of conception. The court may request paternity testing. Tests currently acknowledged under South African law include:
- Blood tests
- HLA tissue typing that analyses white blood cells
- DNA testing that can also trace family genealogy
Child paternity tests can be done in every province by the National Health Laboratory Service, as well as many private labs offering DNA testing and other analyses.
Both mother (acting for the child) and father must consent to a test, and both have the right to refuse.
Contact SD Law if you need help with a paternity dispute.