DNA identification

Author: Deng Xueren
Publisher:
Publish Date: 2006-01-01
Features: This book is a study on the role and function of DNA identification in disputes over parentage. In addition to providing detailed knowledge about DNA identification, it also includes practices from foreign countries in handling parentage disputes, such as regulations that adopt a mediation-first approach in parentage cases, legal restrictions on the use of DNA identification in parentage law, and the legislative status of the duty to assist with DNA identification. It attempts to propose feasible solutions for resolving parentage disputes. In the past, the marital relationship between a child and a biological father could only be presumed, but with the development of DNA identification technology, not only has its accuracy approached 100%, but it can also be used to identify parentage for deceased individuals with the help of their relatives. Therefore, it is necessary to eliminate past unreasonable restrictions, such as the period for denying legitimacy, the grounds and duration of 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 identification. However, the pursuit of the truth in identity relationships is not without limits. DNA identification may sometimes need to be restricted because, although scientific truth is a valuable trustworthiness, 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 the procedures for handling parentage disputes, it should be considered to appropriately intervene with public power and adopt a mediation-first approach to avoid parties exposing private information in open court, thereby safeguarding the best interests of the child.