Is it My Right to Know If He's Really My Father?
Q.
I am almost 60 years old and my father now claims that he may not be my father. He is elderly and has said that he will do a DNA test and then he says that he will not.
Do I have a human right to know the truth of the matter and to insist that he performs this test to prove or disprove his claims? I seem to have an overwhelming need to know.
(LT, 10 February 2009)
A.
To be told that the person you believed was your father for nearly sixty years 'may not be', would be a tremendous shock. Your father, who must be at least about 80, seems to be playing with your emotions. First he tells you that you 'may not be' his daughter. Then he dangles the promise of the truth, in the form of a DNA test, in front of you.
If this is the first suggestion, in nearly sixty years, that he is not your father – one is left to wonder if this revelation may be the result of an age-related condition rather than any basis in fact. Have you discussed your father’s allegation with other family members?
Your question is about the rights of a child to know who his or her parents are. In legal terms, if a man was married to the child’s mother at the time of the birth and is named on the birth certificate as the child’s father, it is presumed that he is the father. Firm evidence, usually in the form of a DNA test, would have to be provided in order to rebut this presumption.
In some situations where a child’s paternity is an issue in a legal case, a court may order that a DNA test be carried out to resolve the question of paternity. In the case of a child, under the age of 18, the courts or other authorities may decide that it is not in the child’s best interests to know who his or her biological father is. Children who are adopted have the right, once they have reached 18, to find out who their biological parents are.
Many people believe that it is a fundamental human right to know who one’s biological parents are. The relevant provision of the Human Rights Convention would be Article 8 – the right to respect for private and family life. Arguably this includes the right to information about one’s identity. However this right is not absolute and other factors could override the right.
If your father refuses to have a DNA test, you could apply to a court for an order forcing your father to take a test. This could be done on the basis of your potential inheritance rights. An application may be made under section 56 of the Family Law Act 1986 by an adult child for a declaration as to the identity of their father. However, bringing court proceedings against your elderly father would not be a step to be taken lightly and independent legal advice should be sought before going down this path.
Many companies offer private, or so-called 'peace of mind', DNA tests – an appropriate sample is collected from the subject and sent to a laboratory for testing. This could answer your question but the truth could be devastating, the legality surrounding the test may be questionable and the result could not be used in a legal case.
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Dai - 24-Mar-21 @ 5:39 PM
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Shaz - 10-Mar-21 @ 3:59 PM
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Hello ,
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Hi
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Eb - 5-Aug-20 @ 1:31 AM
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Mavu - 26-Jul-20 @ 11:47 PM
I'm a Indigenous woman who's Canadian, in my youth early 20s. Growing up in my teens i've come to realization that i had more people in life, so to give you somewhat an explanation why I ask this question. *I wrote a summary of a story, mine to be exact and my other siblings in the same boat*
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Trin.tjs - 7-Jun-20 @ 4:32 AM
Hi there,
I am a 44 year old woman. My mother gave me up for adoption as a child. I have always believed my mothers husband at the time was my biological father. After recently doing an ancestry DNA test, I have found my mothers relative was under the impression another man was my father. The ancestry results also hint this as there is no trace of my 'fathers' family. I need some closure. Can I take all three of them to court to find out the truth, or does anyone know of any other way I could find this out?
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Nutmeg - 31-May-20 @ 1:26 PM
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Vicki - 29-May-20 @ 8:26 PM
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Lexi - 4-Feb-20 @ 2:00 AM
In 1982 my partner and I had a son, and about a year months later she said she was again pregnant. This time she insisted that we got married and I readily agreed and we got married 4 months before he was born. From the birth I became suspicious and often remarked that 'I could not see me in him', unlike his brother, and she would say ' don't be silly, he is yours'. 5 years later we were divorced - it was most acrimonious - but the paternity issue was not raised because I was afraid that raising would affect him badly and I feared she would have prevented me from having contact.I made sure I kept in touch and thought he would be more understanding when he was settled. I broached the subject in 2018 after he had set up home with his daughter and her mother. He became abusive, threatened me with physical harm and told me to stay away from his family. I then decided to take the matter to court and was surprised when the judge said she could only invite him to take the test. The court took the view that," There is no legal requirement to order the Respondent to undergo the DNA test". and the case was closed.
It seems that he is protecting his mother who misrepresented/lied when she wrote to the court claiming I was a vexatious litigant. They did not to attend any of the hearings.
I believe that, in the circumstances, a father should be able to find out whom he has sired, with the blessings of the court; especially as the respondent has children who should know their line of ancestry and whether I am their grandfather.
I need a lawyer who can agree to help me get to the truth. I am of the opinion that the establishment of the truth is a fundamental legal requirement that is enshrined in family law.
Deceived - 24-Jan-20 @ 12:54 AM
I am 55 years old and this year found out my dad isn't my biological father. Through some research I found out my mother was engaged to a different man before she married my "dad". My mom has been deceased nearly 9 years now and my "dad" has Alzheimer's Disease. I took a DNA test, opened an Ancestry account and sure enough the man my mother was with before my "dad" relatives show up as matches to me and the sister I grew up with shows as my half sibling. I reached out to said man and he was very receptive. Found him on Facebook and we messaged each other. We made plans to meet, but the day before we were to meet he had a stroke and his family will not let me see him whatsoever. This has been difficult as I found out he kept tabs on me for as long as he could and even tried to hint to me who he was. Do I have any rights to see him??
Beth - 31-Dec-19 @ 5:38 PM
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Andy - 13-Nov-19 @ 5:29 PM
Hello I’m 20 and my father is refusing me a legal paternity test, could I know how to get him by law to carry one out?
I’ve ask him so many times but off no avail on his part.
I’m at university, my mom have had all the strains bringing up me and two other siblings.
Plz can you direct me where to go and who to contact
Mom - 21-Oct-19 @ 8:35 AM
I am doubting if my father who stayed with me for 55 years is my real father. At 94 yrs old, my mom told me that it’s been bugging her for several years , because she’s not sure if the Native American and half Filipino guy is my real father or the Chinese guy who coincidentally became her boyfriend too-surprisingly, out of curiosity,my son had his DNA test and the result was 36% Chinese blood. How should I go about this, when the Chinese guy is already dead? How will I know if he is my real father or not?
Donn - 17-Oct-19 @ 11:43 AM
Long story short. It's been 27 years, and the father of my beautiful daughter is still denying he is her biological father. I am 100 % sure, without a doubt, he is her biological father. Over the course of the years I've reached out to him and his wife, and neither one of them are trying to hear what I have to say. Also over the course of the years, I found out he has a son 4 months younger than My daughter. So I know why he's being so adamant about my daughter not being his biological daughter. Most recently I've made contact with the son who's 4 months younger than my daughter and he is willing to do a siblings DNA test. I've read so much information about the test within the past 2 weeks, but I'm not sure if the results will be conclusive without DNA from the alleged father and his wife. Last week I paid to have a legal siblings DNA test done with my daughter, the son, and myself through DDC. My daughter and I were ready to head to the lab several days last week, but unfortunately the son was not able to go due to his work schedule. We are so anxious to have this test done, but our hands are really tied in this situation. I do know the paternity test is the most accurate test, but the alleged dad is not trying to give us his blood for a DNA test. Is there anyway you can help us in this situation?
Signed,desperately seeking to get the truth out, so my daughter may have the opportunity to build a relationship with her half siblings if they choose to. I failed to mention I have a picture of the alleged father holding our daughter after she was born, and his name is on the birth certificate. I also still have emails he sent to her when our daughter was younger trying to explain to her the difficulties of the situation. Please can you help me in this situation?
Lil - 22-Sep-19 @ 10:31 AM
I had a few nights out a met a girl a few times. She is now saying I’m the father of her daughter. I am willing to do a DNA to determine as she had several partners at the time. I just want to know where I stand as a forced father. I do not wish or want to be a father. I have been forced in to this situation and now to pay for a child I did not want, do not know and never wish to know. Where do I stand?
Forcedfather - 2-Jul-19 @ 9:22 PM
My mother won't tell me my father's name,(Denis)? maybe? I know I have a step brother called Mark and she had affair! He died few years back.what are my rights I need to know who I am! I've never been told anything and its had big impact on my life.can I go to a solicitor? She knows his name.
Jules - 1-Jul-19 @ 10:00 PM
I hv a kid with a man who has lied about his name on the birth certificate and to me, he supports the child but not always how do i get the courts to force him to reveal his true identity so i can claim proper child maintenance
Confused. Com - 20-Jun-19 @ 9:15 PM
I want to know if i can force a father who rejected to do DNA through court after 21 years. And what will be the recourse since he was never there for me anyway
Regards
Moss - 11-Apr-19 @ 3:57 PM
Hi, I recently discovered through a DNA test that my biological father is not who I thought it was, through 2 DNA companies I have found a man that I believe to be my biological father, unfortunately he is refusing all contact and will not do a DNA/Paternity test to verify, I have been told that I could use section 56 of the family law act to get him to do a test, where do I stand? is this correct?.
Jackie - 21-Mar-19 @ 2:07 PM
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