Child Maintenance and DNA Tests
Nozipho Mvulane
Child Maintenance and DNA Tests
In South Africa, child maintenance refers to the financial support provided by one parent to another for the care and upbringing of their child. The maintenance obligation exists regardless of the marital status of the parents. If there is a dispute regarding paternity, a DNA test can be used to establish the biological relationship between the alleged father and the child. Here’s some information regarding child maintenance and DNA tests in South Africa.
Child Maintenance
The South African law places an obligation on both parents to support their child financially. The amount of maintenance to be paid is determined by considering factors such as the needs of the child, the income of the parents, and the standard of living the child would have enjoyed had the parents remained together. Maintenance matters are usually dealt with by the Maintenance Court.
DNA Testing
If there is a dispute about paternity, either parent can request a DNA test to establish or refute biological parentage. In South Africa, the DNA testing is typically carried out through accredited laboratories and involves comparing the genetic profiles of the child, the alleged father, and the mother (if available). The court may order a DNA test if there is sufficient reason to doubt the paternity of the child.
Legal Process
If a person dispute being the biological parent of a child, they can approach the court to request a DNA test. The court will consider the circumstances and may order a DNA test if it deems it necessary. The test is usually conducted by a qualified expert, and the results can be submitted as evidence in court.
Cost of DNA Testing
The cost of a DNA test in South Africa can vary depending on the laboratory and the type of test required. Generally, the party requesting the test is responsible for covering the costs. However, if the test confirms the alleged father’s parentage, the court may order him to reimburse the costs.
It is important to note that the information provided here is general in nature and may not cover every specific situation. If you require detailed legal advice regarding child maintenance and DNA testing in South Africa, it is recommended to consult with a qualified family law attorney or seek assistance from a legal professional specializing in family law matters.
For further information of any of your Labour Law needs, please contact Rajaram Mvulane Attorneys at info@rajarammvulane.co.za or on 073 2777 973.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
