DNA Paternity Testing

Generally, any father seeking leave to obtain DNA testing to confirm that he is the father of his wife’s child, may do so. However, the Court ruled in F. (M.) v. S. (R.) that a father’s application seeking leave for DNA paternity testing will not be granted where the child’s health may be affected or the request to have the DNA paternity test is made in bad faith.

In the case of Griggs v. Cummins, the father sought leave to have a DNA paternity test performed on his young child, to which the court ruled that, barring any health concerns or bad faith intentions, it would be in the best interests of the child to be made aware of his/her real biological father. Additionally, the court noted that it would also be in society's best interest to know who the obligation of support falls upon. Thus, the judge allowed for the DNA paternity testing of the child.

However, subsequent recent case law has suggested that DNA may not be in the child’s best interest, and courts should perhaps be reluctant to granting the DNA paternity tests, as it may result in a possible outcome where the child is left fatherless.

Interestingly, Justice Howden in Griggs v. Cummins, required that the father pay for the DNA test, despite the possibility that the DNA paternity test may point to an alternative biological father.

To learn more about DNA paternity tests as well as the services provided by Krol & Krol, call 905.707.3370 today.