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Tags >> paternity tests
Feb 27
2011

Who's your Daddy?, a look at paternity testing in South African Law

Posted by Bertus in what if mother refuses paternity test , unmarried fathers and paternity testing , unmarried father paternity test , umarried father , sexual intercourse with mother , prove that you the child's father , paternity tests court , paternity tests and the law in south africa , paternity tests and the court , paternity tests , paternity testing , paternity test , how to know you the father of a child , how to do a paternity test , force a mother to do a paternity test , fatherhood test , father test , children's act paternity test , can i force a paternity test , am i the father testing

Bertus

As a Family Law attorney I do get a lot of cases where paternity is denied, especially when maintenance responsibilities comes into play.South African law acknowledges three kinds of blood tests to determine paternity, these are:

Jul 25
2010

Refusal by mother to submit her and child to paternity testing

Posted by Bertus in sexual intercourse , Refusal by mother to submit her and child to pater , presumption in respect of a child born out of wedl , paternity tests , paternity of a child is challenged , family law attorney , family law , Children's Act , bertus preller

Bertus

The new Children's Act places in Section 36 a presumption in respect of a child born out of wedlock. The presumption is that the person whom had sexual intercourse with the mother at any time when that child could have been conceived will be presumed to be the biological father of the child in the absence of evidence to the contrary which raises reasonable doubt. In S v L 1992 (3) SA 713 (E) it was held that the phrase "in the absence of evidence to the contrary which raises reasonable doubt" means that whenever there is evidence to the contrary, the presumption does not operate or ceases to operate.