All of the minor’s documents identify KPM as the father. [iStockphoto]
There’s no turning back from the DNA test, a court has told a man who agreed to the test to determine the paternity of a minor but returned.
Judge Agrey Muchelule said the man, identified in the court filings as KPM, failed to convince him that the judge’s order that he undergo the DNA test was in bad faith.
Noting that the minor’s best interests were at the heart of the five-year court battle, the judge ordered the man to take the test as previously planned.
He said the case is designed to allow the minor to know if KPM is his biological father.
The court heard the man was having an affair with a woman codenamed JWK and the minor was the product of their relationship.
All of the minor’s documents identify KPM as the father.
“…a child has the right to be registered at birth, to state a name and nationality. He has the right to have his parents’ names on his birth certificates.
“Having an identity is a fundamental right that enables the child to enjoy all of their other rights. Identity includes family name, surname, date of birth, gender and nationality,” Judge Muchelule said.
The judge said the child’s identity was in limbo after the woman claimed the man was not the minor’s biological father, even though he already had KPM’s name.
KPM’s relationship with JWK hit rock bottom in 2014 after KPM went to Australia and left the child with the mother. The man later filed a case seeking custody of the minor.
In her reply, the woman informed the children’s court that KPM was not the minor’s father. She asked the court to order a DNA test. This happened on November 21, 2018, and both agreed to the test.
However, the man changed his mind and refused the DNA test, saying it was an invasion of his privacy.
JWK filed a formal motion, which the District Court granted. The man went to the High Court arguing the judge was wrong.
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