Paternity is the state of being someone’s father. It is state that establishes a biological and legal relationship between a father and his children. Speaking of the DNA test, it is genetic material test that is taken in order to determine whether a man is child’s biological father or not. The paternity or maternity tests are the most accurate calculations and representations and have proven to be of cardinal use in the legal matters as well. A test can show with 99.9% of accuracy, whether or not a man, is father of a child. When paternity is established, it could be of utmost importance since it can help in establishing child’s rights and aid in gaining legal rights with appropriate social, economic and other benefits, even inheritance in many cases, with the very linkage to genetic conditions that can basically affect the very long term health and mental being of the child. When there are cases of contested paternity, one party is supposed to submit the very genetic tests at the request of the other party and when the father could be one of several men, it is important that each of them takes a genetic test to determine and establish paternity. These tests certainly have a significant legal impact whenever it comes to the very establishment of child custody and support. These tests are reasons of great landscape change when it comes to law interface and the associated factors that shape the legal abode.
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Cases and circumstances
There have been several cases of disputed paternity tests and establishments. In one such cases, the objector filed application seeking the DNA test of the petitioner who filed petition for grant of succession certificate in lieu of the debts of a deceased person, claiming herself to be his daughter. She also claimed that she was the only surviving class 1 heir. The deceased died leaving intestate his five brothers, out of whom, two had already expired. There were varied levels of factual ascertainment and several propositions were made, to which, the hon’ble supreme court directed for the DNA test as was given by the trial court and as it’s understandable and the hon’ble high court has rightly set it aside. The benefits and drawbacks of the paternity test have varied with time to time and as per different case laws, in accordance to the subject matter of the cases.
- It is a highly accurate test
- Legally acknowledged
- Significance in the legal abode
- Aid in establishing several contested facts altogether
The courts have always given mixed decisions with regard to the paternity tests. The facts of cases have also got a huge role to play in that matter, as in some cases, it’s proven beneficial for a certain cause and on the other hand, it has acted as a tool to establish few points in order to terminate a relationship or to demean the other party. Sometimes it is done solely for the very rights, maintenance and safeguarded legal status of a child so that the child could live in a space where he or she is nurtured, respected and regarded.
