The question of paternity of a child may be a contentious and highly emotional question.

It, inter alia effects both children and parents constitutional rights, e.g. the rights to family care or parental care, equality, human dignity and freedom and security of the person.

The question of paternity arises in matters concerning inter alia the acquisition of parental responsibilities and rights and in maintenance matters.

One frequently encounters in the Maintenance Courts the scenario where the father, (after maintaining a child for many years) during an application for variation of a maintenance order requests paternity tests.

More often than not and without laying any basis for such a request the Maintenance Officer will as a matter of course postpone the proceedings to give effect to such a request.

Until 2010, when the question of paternity was finally adjudicated upon by the Supreme Court of Appeal, the legal position as to whether the Court could in fact compel a reluctant mother to submit her child to paternity tests, was uncertain.

The Supreme Court of Appeal since held that:

1. In cases where there is genuine uncertainty as to paternity a DNA test should be ordered for the child in question.
2. The rights to privacy and bodily integrity may be infringed, by a procedure ordered by a Court if it is in the best interests of a child to do so.
3. A father is however not entitled to simply seek scientific proof of the truth.
4. In each case the Court faced with a request for an order for a DNA test must consider the particular position of the child and make the determination for that child only.