DNA Testing: Resolving Disputes over Parentage

Author: Deng Xueren Yan Zuzhao Gao Yishu
Publisher:
Publish Date: 2006-01-01
Features: This book is a study on the role and function of DNA testing in disputes over parentage. In addition to providing detailed knowledge about DNA testing, it also includes practices from foreign countries in handling parentage disputes, such as regulations requiring mediation as a prerequisite for parentage cases, legal restrictions on the use of DNA testing in parentage law, and legislative status regarding the duty to assist with DNA testing. It attempts to propose feasible solutions for resolving parentage disputes. In the past, the marital relationship between a child and a putative father could only be presumed, but with the development of DNA testing technology, its accuracy has approached 100%, and it can also be conducted with the help of blood relatives even for deceased individuals. Therefore, it is necessary to eliminate past unreasonable restrictions, such as the statute of limitations for denying legitimacy, reasons and periods for compulsory paternity establishment, and to uphold the principle of truth, such as the right of a child to deny legitimacy, posthumous paternity establishment, and the duty to assist with DNA testing. However, the pursuit of the truth in identity relationships is not without limits. DNA testing may sometimes need to be restricted because, although scientific truth is a valuable and trustworthy concept, long-established parent-child relationships, including the nurturing and care provided by apparent parents, cannot be entirely erased. Additionally, in recent years, the number of family cases in Taiwan has surged. Due to the practice of open trials, the root causes of family disputes cannot be thoroughly explored. Therefore, in handling parentage cases, the procedure should consider appropriately intervening with public power and adopting mediation as a prerequisite to avoid parties exposing private information in open court, thereby safeguarding the best interests of the child.