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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I had an affair with a married woman. Before the affair ended

Customer Question

I had an affair with a married woman. Before the affair ended she had a child. I'm reasonably certain the child isn't mine, but am aware that accidents happen with contraception etc.
I hear that 4 years on the husband (named as the father on the birth certificate) may be disputing parentage, and may be seeking to have me participate in a test.

I'm happy enough to participate, but want to understand my legal rights too.
Can the couple apply to court for the test, even though they are not separating or divorcing?
Submitted: 2 years ago.
Category: Family Law
Expert:  Kasare replied 2 years ago.
Hi thank you for your question I will assist you with this.

The courts do have a statutory power to direct a test to ascertain the parentage of a child under section 20 of the Family Law Reform Act 1969. The courts usually only find it necessary to use that power when one party does not want testing to be done.

I would imagine that this man wants certainty that the child is his and he could apply to the Court - even if not separating or divorcing - if you do not wish to participate.

Unofficial DNA tests can be undertaken using home testing kits which are posted out to you and returned direct to the company for laboratory analysis, or alternatively, by having samples taken by a doctor who posts them to the laboratory. Having returned the samples, the results are usually ready within a week.

Paternity tests are those which are required to stand as evidence in court will have to be carried out following specific court directions, which will name a specific accredited company to carry out the tests and to provide a report. Samples will be taken by healthcare professionals who will send them to the testing company.

The unofficial tests, even with samples taken by doctors, will be cheaper but do not stand as evidence unless the court agrees to allow them.

The legal position is that until officially declared otherwise, a man who is married to the child's mother at the time of the child's birth is deemed to be a child’s legal father or if his name is ***** ***** the child’s birth certificate.

I hope this answers your question - if you have any further queries about this or want clarification of anything, please ask.
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
HiActually the husband in this case can only insist on a DNA test that proves whether or not the child is hisHe is not entitled to apply for an Order that YOU are involved with the testing.The only people who could make such an application would be you, the mother, or the childOf course if you are the father then you will be liable for child maintenance thereafter if the mother choses to applyClare
Customer: replied 2 years ago.

Great answer, can't rate you without incurring a further charge

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