Court orders mother to send child for DNA testing in paternity dispute over maintenance

THE issue of DNA testing came under the juristic spotlight in the Limpopo High Court with a man and a woman being embroiled in legal proceedings regarding maintenance for the child.

- ZELDA VENTER

The husband denies being the father of the girl, arguing that it is impossible as he had a vasectomy years ago. He turned to court in a bid to force the mother to present the child for DNA testing before the maintenance dispute proceeded.

The judge, in ruling in favour of the husband, commented that it is the constitutional and statutory rights to identity and parental care. Another court earlier ordered the mother to submit the child to DNA testing, but the mother never did this. In this recent application, forcing the mother once again to do so, the judge said she will suffer no prejudice, as the husband will pay for the DNA tests. The judge also noted that a paternity test will for once and for all resolve the maintenance dispute.