Paternity disputes and testing

FAQ for Paternity Disputes and Testing

What is paternity testing?

Paternity testing is a scientific process that determines whether a man is the biological father of a child. It involves analyzing DNA samples from the child and the alleged father to establish a biological relationship.

Why do I need a paternity test?

Paternity testing is typically required in cases where the biological relationship between a father and child is in question. This could be due to a variety of reasons, such as questions about parental rights, child support, or inheritance.

How is paternity testing done?

Paternity testing is usually done using a DNA sample from the child and the alleged father. The most common method is a cheek swab, which involves collecting cells from the inside of the cheek using a cotton swab. These samples are then sent to a laboratory for analysis.

Is paternity testing admissible in court?

Yes, paternity testing is admissible in court as evidence to establish paternity. However, the testing must be done by an accredited laboratory and follow strict guidelines to ensure accuracy and reliability.

How accurate is paternity testing?

Paternity testing is highly accurate, with a probability of paternity of 99.9% or greater in most cases. However, there is always a small margin of error, and it is important to use a reputable laboratory and follow proper testing procedures to ensure accuracy.

What is the legal process for establishing paternity?

In South Africa, paternity can be established through a variety of legal processes, such as a court order, a voluntary acknowledgement of paternity, or a DNA test. The specific process will depend on the circumstances of the case.

What are my rights as a father?

In South Africa, fathers have certain legal rights and responsibilities towards their children, regardless of whether they are married to the mother or not. These include the right to have a relationship with their child, the responsibility to provide financial support, and the right to make decisions about the child's upbringing.

Family Lawyers in South Africa specialize in laws relating to family matters and domestic relations. They handle a broad range of cases, including marriage, divorce, child custody, adoption, and other family-related issues. Their practice is guided by legislation such as the Divorce Act 70 of 19791, the Children's Act 38 of 20052, and the Maintenance Act 99 of 19983. These lawyers provide legal advice, negotiate on behalf of clients, and represent them in court proceedings. They are regulated by the Legal Practice Council4.
Footnotes

1. Divorce Act 70 of 1979 ↩
2. Children's Act 38 of 2005 ↩
3. Maintenance Act 99 of 1998 ↩
4. Legal Practice Council ↩