Overview of DNA and Paternity Testing
Court-ordered tests to settle parentage in maintenance or inheritance disputes. Paternity is disputed. Courts order a DNA test only where necessary, weighing the parties’ privacy and the child’s interests.
The Indian Evidence Act, now the Bharatiya Sakshya Adhiniyam, presumes that a child born during a valid marriage is legitimate. DNA tests are not ordered routinely, and the court must balance the interests of the parties before directing one.
Scope. Covers applications for paternity testing, objections to tests, and how courts use DNA reports in maintenance and inheritance cases.
Procedure: how a DNA and Paternity Testing case usually moves
- Application explaining why the test is needed
- Reply and hearing
- Sample collection at a laboratory under court direction
- Report is placed before the court and tested through evidence
Important points to keep in mind
- The presumption of legitimacy under the Bharatiya Sakshya Adhiniyam (earlier the Evidence Act) is weighed against the test.
- Chain of custody of the sample matters to the report’s reliability.
- The result is one piece of evidence and is examined with the rest.
Practical guidance on DNA and Paternity Testing
A DNA test affects a child, so courts consider timing and purpose carefully. Present clear reasons for the test, such as a genuine dispute on parentage, and be ready for the court to limit the test to the facts truly in issue.
Documents required for DNA and Paternity Testing
- Birth certificate
- case pleadings
- medical records
- details of the laboratory directed by the court
DNA and Paternity Testing for clients living outside India
Where a parent or child lives abroad, Indian courts look at the child’s ordinary residence, schooling, immigration status and ties to each country. Parents overseas can attend hearings by video conferencing where permitted, and documents signed abroad must be attested or apostilled to be accepted in India.
Frequently asked questions about DNA and Paternity Testing
Will a court order a DNA test on request?
Not routinely. Courts do not order such tests as a matter of course.
Can a person refuse the test?
A court cannot force a sample, but may draw an adverse inference from refusal.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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