Australia: Court apporves boy of 6 to do Sibling DNA Test to establish paternity

A boy and his mother took matters to the Supreme Court in order to get a court order for a DNA test with the boy’s alleged half sister in what is referred to as a siblings DNA test. Paternity testing is often used in legal cases to clarify paternity disputes. The following case is somewhat interesting because it involves a child of just 6 years of age wishing to prove he is the biological son of his deceased father.

The boy, who cannot be named for legal reasons as prescribed in the Family Relationships Act of 1975 wants to lay claim to his deceased father’s estate. If he is proved to be the biological son, this is his legal right but he will require proving it by doing a DNA test with the deceased’s only known daughter and sole heir to his estate. Luckily, since the father is deceased and a paternity test is made difficult as it would require an exhumation, relationship DNA testing can be carried out.

The daughter does not acknowledge her father has any other children but herself and has yet to file the necessary documents with the court. Essentially, she has refused a DNA test claiming it would bring nothing to the case and could not conclusively prove them sharing the same father.

DNA testing is often used in courts under such circumstances and having people refuse to the DNA test is rather unusual. Judge Lunn has stated how such tests and the method for sample collection are so simple that cause absolutely no distress or inconvenience to the people involved in the test. Given this fact, there is rarely a valid reason for anyone to decline taking part in the test.

The case still requires further court cases. Sibling DNA testing can determine whether your are full sibling, half siblings or not siblings at all.