Is permission required by a testing laboratory to analyse a sample from a child under the age of 18 years and; Who can give that permission?

Recent articles have appeared in the Australian press (Herald Sun Saturday March 25, 2000) indicating that some paternity testing laboratories are prepared to analyse a child's DNA without the knowledge of the mother. A number of points have arisen from these articles that should be considered by all clients before proceeding with such testing.

Ethics

The VIFM considers it to be unethical to analyse a child's DNA without the knowledge of both parents. The stress which may be put on a family under these circumstances is unacceptable to the VIFM.

Legal Requirements

The Family Law Act specifies (21F(3)) that consent can only be given by "in the case of a child under the age of 18 years- a person who is responsible for the long-term care, welfare and development of the child". The VIFM does not consider temporary visitation rights to legally fulfil this requirement.

There are exceptions under which testing may be done:

• The child is over 18 years of age.
• The mother is deceased
• The mother is not in a fit condition to grant permission and someone can legally act on her behalf (section 21F b).
• The mother declines to participate in a paternity test but gives written permission for her child to be tested as required under the Family Law Act.

Reduced Efficiency of the Testing

It may not be apparent to the lay person that testing in the absence of a mother considerably reduces the efficiency of the analysis.

•  If the man is not the biological father;   

             If the mother is not tested, the chances of showing the alleged father is not the
             biological father is considerably reduced.

•  If the man is the biological father;  

             If the mother is not tested, the "probability of paternity" (more correctly the 
             "probability of parentage" in this instance) will be reduced, since we do
             not know the mother's DNA type.

The VIFM performs additional tests in such cases to compensate for the reduced efficiency of the analysis. If this was not done, the client (alleged father) would be at a considerable disadvantage.