Uncertain dad-to-be wants DNA test
Dear Mrs Macaulay,I’m uncertain if I’m the father of my girlfriend’s unborn child. I would like to have a DNA test done, but need information on how to proceed.
I understand that when you have the doubts that you mention, which I suppose is based on suspicions you have about the mother-to-be, you must have it resolved.
You wish to make certain of your paternity by the most certain means — medical science.
I must say this first — you must wait until the baby is born before you can have the DNA test done. Further, I must ask whether you have spoken with the mother about your doubts and whether you have asked her to agree to have the test done? If you have not done so, I really suggest that you ought to do so. You owe it to her and to your possible or probable child to give the choice of agreeing to the test or leaving it to go through the Family Court.
If she does not agree and gives your name as the father of the child when the birth is reported, do not worry because you have legal means to have it removed if it turns out that you are not the father.
The Status of Children Act, provides that if you, as the person the mother has stated is the father of her child, wish to know whether the relationship of father and child exists between you and the named child, that you may apply to the Supreme Court or to the Family Court of your parish for a declaration of paternity, and if it turns out that there is sufficient proof that you are the father, then the declaration of paternity would be made by the court. In order to produce sufficient proof to the court to make a proper and correct decision, you must also apply for a DNA test to be ordered.
Initially, the courts could only order blood tests to be done before DNA became established as the more accurate test in paternity and other matters of identity from saliva, small droppings of blood or tissue and bodily remains.
So, possible father, after you have spoken with and asked the baby’s mother to agree to a DNA test, you may then apply pursuant to section 10 (c) of the Status of Children Act for a declaration of paternity and an order for a DNA test to be done with specimens from you and from the named baby. Orders for DNA tests are made by the courts very often, if not every day. I would suggest that you make your application to the Family Court for your parish, which will make the order identifying the laboratory where the test should be done and the date for the next hearing, after which the court would have received the result.
Upon that hearing, the court would consider the result, and if it is that you are found to be father, the declaration of paternity would be made and your particulars should then be added to the baby’s birth records and these would all appear on the birth certificate.
If the result excludes you from having any paternal relationship with the baby, then the court will not make a declaration of paternity and if your name was already on the baby’s birth records, you must ask the court to order the Registrar General’s Department to remove your name therefrom.
I hope that I have clarified the position for you, which is quite straightforward, and many such applications have been made to the family courts and have been dealt with as the law dictates.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.
DISCLAIMER:
The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from your own attorney.
