CSA presume parentage when DNA is in question

Fission

kevin137 wrote: »

But if [paternity] is disputed then they have a legal obligation to follow the legislation that gives a chance to prove paternity, not to say you are on the birth certificate and that is the end of it.

If a simple denial always had that effect, there would be no point in the parts of the law that enable paternity to be presumed, since a denial would trump any of them. The presumption grounds might as well not be there if that was the case.

But that isn't the case. The presumption grounds exist and have meaning. It's for the aggrieved "parent" to take the matter to appeal at the magistrates' court.

kevin137

The point in this being that if the PWC refused a DNA test, then the CSA cannot presume parentage as there would be enough doubt as to the reason why it is being refused.

If the OP's friends was indeed out of the country for an extended period of time near when the child was conceived and had a doubt, it would be enough for any reasonable person to say that a DNA test would be required, and that is where the CSA appear to of got it wrong, if i was in this situation, and i had asked for a DNA test and it was refused. I would never pay a penny until it was accepted.

A simple denial the child is yours is never enough, we all know that. But it is the DNA request that is at question here. And the comment that the PWC refused.