Scientific (DNA) tests within family proceedings

Published by a UUÂãÁÄÖ±²¥ Family expert
Practice notes

Scientific (DNA) tests within family proceedings

Published by a UUÂãÁÄÖ±²¥ Family expert

Practice notes
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Under Part III of the Family Law Reform Act 1969 (FLRA 1969), in civil proceedings in which the parentage of any person falls to be determined, the court may direct the use of scientific tests to assist in determining paternity, either of its own motion or on an application by any party to the proceedings. There is no freestanding power to direct scientific (DNA) tests and there must be civil proceedings within which the parentage issue arises.

A DNA test can be used to either:

  1. •

    prove that two people definitely are not related

  2. •

    show the probability (up to 99.99%) that two people are related

General principles

The directing of tests was extended from blood samples to include deoxyribonucleic acid (DNA) samples by the Blood Tests (Evidence of Paternity) (Amendment) Regulations 1989, SI 1989/776 (SI 1989/776) (which amended the Blood Tests (Evidence of Paternity) Regulations 1971 (SI 1971/1861), SI 1971/1861, Sch 1). This gave the court the power to direct the use of samples other than blood.

DNA contains an individual's genetic characteristics as transmitted by their

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Law definition
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means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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