Only DNA Can Prove Paternity – Court

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Only DNA Can Prove Paternity – Court
By Dickson Jere

The deceased man was believed to have left a child born out of wedlock. His Personal Representative (Administrators) continued to support the child until when the friend of the late alerted them that he never accepted paternity of the child.

The mother of the child sued the Administrators, on behalf of the child, demanding that they render an account of the estate and also support the child. The administrators argued that they stopped supporting the child because paternity was disputed. They demanded for a DNA test to prove paternity.

Consequently, an order for DNA was issued by the High Court but mother of the child refused saying she could only accept DNA samples taken from the deceased and not his siblings. He contended that the accurate results cannot only come from the samples taken from the deceased.

However, in the absence of the DNA test, the High Court Judge proceeded to determine the paternity based on the legal presumptions. Given the evidence before Court, the Judge ruled that the child was not for the deceased.

This prompted an appeal in the Court of Appeal. A penal of three judges looked at the record and determined thus:

“When DNA test was ordered by the Court, the appellant applied to set aside the Order based on the reservations, without calling expert witnesses to verify the reservations,” the Judges observed.

“It is trite that a DNA test is the most conclusive evidence to determine paternity. The onus lies on the appellant to prove paternity of the deceased,” the Court said.

The Judges observed that in the absence of DNA test, paternity is determined by legal presumption and that in this case the mother of the child failed to prove that the deceased was the father of the child.

“DNA testing is the best scientific evidence for determining paternity, though it is trite that other evidence than medical would be considered on the question of paternity,” the Judges concluded.

“In our view, evidence was required to conclusively prove that the child was sired by the deceased. No birth certificate was adduced. No evidence from the relatives of the knowledge of the non marital child,” the Court observed.

Case citation Grace Banda v Judith Mwanza and Another- Appeal No. 188/20 and Judgement delivered last month.

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