FAQs on the Role of DNA Testing in Children Matters in Kenya

Welcome to B M Musau & Co., Advocates LLP’s comprehensive guide on the role of DNA testing in children matters under Kenyan law. The guide will address common questions regarding this crucial aspect of family and legal proceedings, providing clarity based on both Kenyan laws and international best practices.

 

• What is DNA testing, and why is it relevant in children matters?

DNA testing involves examining an individual’s deoxyribonucleic acid (DNA) to determine genetic predispositions or identity. In children matters, DNA testing plays a pivotal role in establishing paternity or maternity, resolving disputes related to parentage, inheritance rights, custody, and maintenance.

 

• When is DNA testing necessary in children matters?

DNA testing becomes necessary when there is a dispute or uncertainty regarding parentage. This could arise in cases of child custody, inheritance claims, maintenance disputes, or even in adoption processes where biological parentage needs verification.

 

• Is DNA testing legally recognized in Kenya?

Yes, DNA testing is legally recognized in Kenya. The Evidence Act (Cap 80, Laws of Kenya) provides for the admissibility of DNA test results as evidence in court proceedings. However, it is crucial that such tests are conducted by accredited laboratories and under legally acceptable conditions to ensure the reliability and admissibility of the results for use by the court in making decisions.

 

• Who can request DNA testing in children matters?

DNA testing can be requested by any party involved in a child matter, including parents, guardians, or legal representatives.

A court, on its own motion, may also order DNA testing when necessary to resolve disputes and ensure the best interests of the child are attained. The courts have applied the principle that an order for DNA testing should be made if it is in the best interests of the child and if a prima facie case has been made to justify the order. A prima facie case in this context include a parent denying parentage, among others.

 

• How does DNA testing influence child custody and maintenance decisions?

An admissible DNA test report can decisively establish biological parentage, which is crucial in determining parental rights and responsibilities such as custody, access and visitation rights. It also affects maintenance decisions, as biological parents have a legal obligation to support their children financially.

 

• Are there privacy concerns associated with DNA testing?

While DNA testing is highly accurate, there are legitimate privacy concerns regarding the collection, storage, and sharing of genetic information. It is essential to engage accredited laboratories that adhere to strict privacy and confidentiality standards to mitigate these concerns.

Where privacy concerns are raised, the court weighs the competing rights of the child and the alleged biological parent. Given that the paramount consideration in children matters is the best interests of the child, the right of the child to parental care takes precedence over the privacy rights of the alleged parent and therefore, a DNA test will be ordered in the best interests of the child.

 

• What happens if a party refuses to undergo DNA testing?

Refusal to undergo court-ordered DNA testing has adverse legal consequences, including adverse inferences drawn by the court regarding parentage claims, contempt of court orders, among others. Courts have the discretion to make decisions based on available evidence, including presumptions of parentage.

 

• Can DNA testing be used to challenge an established parent-child relationship?

Yes, DNA testing may be used to challenge established parent-child relationships if there is a reasonable doubt regarding biological parentage. Courts will consider DNA test results alongside other evidence presented to make informed decisions in the child’s best interests.

 

• How can B M Musau & Co., Advocates LLP assist in DNA testing matters?

Our firm provides expert legal guidance and representation in all aspects of children matters, including facilitating court-ordered DNA testing, interpreting test results, advising clients on compliance with court orders, the consequences of defaulting and advocating for our clients’ rights in family court proceedings. We ensure adherence to Kenyan legal standards and international best practices to achieve fair and just outcomes.

This article provides a general discussion of the law as it stands at the moment and is not intended to be legal advice. For specific legal guidance, please consult B M Musau & Co., Advocates LLP.