When is a paternity test required and can a man refuse?

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When paternity is denied by an alleged father, it is usually to avoid the responsibility of paying maintenance for the child. The mother may approach the Children’s Court for a paternity test.

If a court requests a paternity test, both parents have to consent and both have the right to refuse. However, if a man denies paternity and refuses to undergo a confirmatory paternity test, it raises questions about his credibility. If there is other evidence that points to him being the father, the court will take this into account and make a presumption of fatherhood.

The Supreme Court of Appeal has held that it is within the power of the High Court as the upper guardian of children to order scientific tests if it is in the best interests of a child. This would overrule a man’s refusal to undergo a paternity test.

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.

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