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By LegalMatters Staff • The best way to determine parentage is through DNA testing. As the Alberta Court of Appeal has noted, “DNA testing is a method of proof of parentage inextricably linked to the declaration of parentage. It is, in fact, the best evidence which operates in aid of the primary purpose … which is to establish parentage.”
By comparing the DNA pattern of a child to each of their supposed parents, it can be determined with 99 per cent accuracy whether or child is the dependent of either or both of the two possible parents.
“In the majority of cases, if a man is found to be the biological father he will have child support obligations,” says Edmonton family lawyer Graeme Kluge. “Non-biological parents will generally not have an obligation to pay.”
He says there are a few narrow exceptions to this rule.
“Let’s say you have been the only father-figure a child has known and you have been providing financial support for years,” Kluge says. “When the child turns 10, you grow suspicious that you are not his biological child, which a DNA test then verifies. In that situation, it is unlikely any court would relieve you of your support duties to the child if you were to separate from the child’s mother.”
The Supreme Court of Canada has ruled that child support is a right of the child and courts require payment by any parent of the child or a party standing in place of a parent.
“Child support should, as much as possible, provide children with the same standard of living they enjoyed when their parents were together,” Kluge says, “But with anything in family law, the best interests of the child will generally overrule any other consideration.
He says DNA tests can also be used to expose paternity fraud.
“Paternity fraud occurs when the biological mother knows (or has reason to believe) that the ‘father’ is not the biological father, yet she chooses to mislead him as to his role in the conception of a child,” Kluge explains.
“When the man finds out the truth, which may occur after a period of time when the father has treated the child essentially as his own child, he may choose to apply to the court to cancel any existing child support order,” he adds. “The decision of the court will vary in this regard, depending on the circumstances.”
