DNA Testing - Resolving Disputes over Parentage

Author: Deng Xueren Yan Zuzhao Gao Yishu
Publisher:
Publishing Date: Not available
Features: This book is a study on the role and function of DNA testing in disputes over parentage. In addition to providing detailed information on the relevant knowledge of DNA testing, 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 testing in parentage law, and the legislative status of the duty to assist with DNA testing, among others. 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 testing technology, not only has the accuracy rate approached 100%, but it can also be conducted with the assistance of blood relatives for deceased individuals. Therefore, it is necessary to eliminate past unreasonable restrictions, such as the statute of limitations 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 testing. However, the pursuit of the truth in identity relationships is not without limitations, as DNA testing may sometimes need to be restricted. 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 the procedures for handling parentage disputes, it is advisable to consider appropriately intervening with public power and adopting a mediation-first approach to avoid parties exposing private information in open court, thereby safeguarding the best interests of the child.