The Legal Impact of Parentage

When one thinks of being a parent the initial points for consideration tend to be financial (can we afford it?), practical (how will our lives change?) and pragmatic (what do we need to do to prepare?). However, too few people think of parentage as a legal relationship, subject to a variety of different laws across a number of different areas. Whilst some of the legal effects are positive, some require a greater understanding of the nature of paternity in order to fathom whether or not the child in question can be considered to have a particular parent.



In legal jurisdictions across the world paternity is often hotly disputed, and is usually resolved with DNA testing. Since the advent of the Human Rights movement, however, the test can no long usually be forced upon an individual who is alleged to be a father. Nevertheless the courts are entitled to draw a negative inference from the refusal to take a paternity test, which can negate much of the benefits otherwise attributed to the civil liberties groups. As such, DNA testing is the most widely used method of determining paternity in disputes of this nature for the legal conclusivity of the results.



Child Law

By far the most significant legal cause for determining paternity is in relation to child law issues. More often than not it will come from a mother looking to enforce parental obligations on the absconded father, or alternatively with the alleged father looking to certify his relationship with the child. Depending on jurisdiction there are often presumptions as to fatherhood which give rise automatically to the rights and responsibilities of raising a child, however these can be rebutted by leading evidence like DNA tests showing results to the contrary.



Likewise it may be important in terms of aliment and other financial contributions to the child and its mother where the identity of the father is in doubt to settle the situation with the help of a DNA paternity test, in order to ensure those eligible to pay do so and those eligible to receive payments are allowed the benefit of them.



Taxation

Depending on the jurisdiction in which you live there may be tax advantages of having a child. For example, a legal parent may have the opportunity to deduct alimentary payments to his child when done through proper legal means. Rather than informal gifts and donations which are not tax deductible, a paternity DNA test can provide legitimate channels for tax purposes within which payments for support can be made.



Inheritance

More significantly inheritance in intestacy (i.e. where there is no will) very much depends on bloodlines and relationships. This will, from time to time, require a definitive answer on the matter of a person's heritage to determine whether or not he and his issue are entitled to a proportion of the deceased's estate, and indeed the extent of their entitlement to the estate left over by their potential relative.