Dna testing

This query is : Resolved 
 

(Querist)
06 January 2018

For dna testing concents of both the parents are required or nor...


sankar narayanan (Expert)
06 January 2018

you query seems academic

J K Agrawal (Expert)
07 January 2018

DNA testing for what? To remove doubt that who is father? Who want so? I do not know relevant laws but I say that to only confirm paternity, it should not be allowed unless a competent court seems it necessary.

It is rather prohibited by law which is 145 year old law to check legitimacy.

Here I should reproduce section 112 of the Indian Evidence Act 1872.

112. Birth during marriage, conclusive proof of legitimacy

The fact that any person was born during the continuance of a valid marriage between his mother and man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the parties to the marriage had no access to each other at any time when he could have been begotten.



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