Friday, June 1, 2012

DNA testing based on access with child

Supreme Court says Dad doesn't have to provide DNA

Charmaine de Silva | Email news tips to

The BC Supreme Court has ruled a Canadian man doesn't have to give a DNA sample to prove a child born in China is his until steps are taken to start a "meaningful relationship" between the possible father and son.

The case involves a 3-year-old boy born in China to a surrogate mother. Now, the woman who has custody of the child wants to get him Canadian citizenship, based on the fact his biological father is Canadian. Yet, at the same time, she doesn't want that biological father to have a relationship with him.

The Court says the boy, who will be 4 in June, is not within its jurisdiction and forcing the biological father to give DNA serves only the interests of the woman trying to get the boy citizenship.

The man will only have to give up his DNA if he receives at least forty photos of the child, and is allowed regular Skype and telephone contact.

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