Paternity carries significant legal, financial and emotional consequences. In many cases, it is established shortly after birth through an acknowledgment of paternity or presumption of fatherhood in marriage. However, there are situations where a person may wish to challenge paternity, especially if new facts or suspicions come to light.
Although challenging paternity is possible, it is not a simple process. Courts take these matters seriously, especially when children are involved and often require compelling evidence before making any changes. Understanding the legal grounds for such a challenge can be the first step.
What are the legal grounds for challenging paternity?
There are limited and specific circumstances under which a previously established paternity finding can be contested. These may include:
- Lab errors or mishandled test results: DNA tests are usually reliable, but no system is perfect. If a lab failed to follow proper procedures or there is evidence of contaminated or mixed samples, a paternity test could be legally challenged.
- Fraud or intentional deception: In some cases, one party may have deliberately misled the other—for example, sending someone else to take a DNA test or falsely claiming paternity. Courts may reopen paternity cases if fraud is proven.
- Evidence of non-exclusive relationships: If new information suggests the mother had other sexual partners during the conception window, this could support the need for further testing to determine the biological father.
- Proof of infertility or sterility: If the man believed to be the father can present medical evidence showing he is sterile and could not have biologically fathered the child, this may be grounds for dismissal of paternity.
- Mistaken belief by both parents: Sometimes, both parties genuinely believed the man was the father at the time of acknowledgment. If it turns out this belief was based on incorrect information, the mistake may be grounds to challenge the finding.
Legal procedures may vary, and time limits may apply. If you believe you have a valid reason to dispute paternity, seeking legal guidance is important. The court will always weigh the child’s best interest when making a final decision.