Is a paternity test designed to answer questions of paternity always the best option? An Australian court says no; according to a report in the Sydney Morning Herald.
A mother petitioned the court to conduct paternity testing for her 12-year-old daughter. The potential alleged fathers included her first husband (from whom she is divorced) and her second husband, Mr. Hadley (from whom she is divorcing). The mother claims her daughter was conceived during an extra-marital affair and believes that paternity testing would help determine who her daughter’s true biological father is.
Paternity test denied by court
A Federal Magistrate in an Australian court determined that conducting a paternity test would disrupt the child’s stability. Most cases of paternity testing arise from a father’s petitioning to prove they are not the biological father of children they are supporting. In the past four years Australia has reported 586 cases of fathers petitioning for paternity tests who were ultimately excluded from being the biological father. In this case where the mother is petitioning the court, Mr. Hadley claims the mother is only trying to drive a wedge between him and his daughter.
The father’s attorney argued that ‘simply knowing the truth for the sake of knowing the truth is not a reason to subject a child to DNA testing.’ A psychologist on the case confirmed she does not believe the child is at a point to go through a paternity test. Because Mr. Hadley does have a good chance of being her biological father, the court has decided he will continue to be her father and paternity testing is not appropriate.
How do you think you would rule if you were the Judge on this case?
Susan Scharf says
I feel DNA testing should be done because I don’t think that a person should pay for someone else’s mistake. I don’t think it is right for a man to have to pay for another man’s child when he won’t do it himself. If a woman has an affair with another man and get’s pregnant she should owe up to it and not blame her husband for something he didn’t do. It shouldn’t come out of his pocket. Woman are just plain devious that way. Many men have been trapped into marriage this way. It’s just not fair.