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Family Law

The leading authority on all aspects of family law

08 AUG 2012

PATERNITY:L v P (Paternity Test: Child's Objection) [2011] EWHC 3399 (Fam)

(Family Division, Hedley J, 28 July 2011) 

The issue arose whether the 15-year-old should be compelled to provide DNA to discover whether the man named on her birth certificate was in fact her father. The putative father had not had much contact during her life but the mother issued an application for child maintenance, arrears of which had accrued of £20,000.

The father applied for a declaration under s 55(a) of the Family Law Act 1996 that he was not the father. The mother had no objection to a DNA test but would not provide consent given the girl's strong objections.

The balance fell firmly in upholding the girl's refusal. Her objection was reasonable, the father had reaffirmed his position as her father throughout her life. There was only the thinnest of evidence that he may not be her father. Refusing to order DNA test.

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