Tue Jan 28 17:20:11 UTC 2025: ## Supreme Court Curbs Use of DNA Tests to Determine Paternity
**NEW DELHI, January 29, 2025** – The Supreme Court of India ruled on Tuesday that DNA tests cannot be used indiscriminately by children to question their paternity. While acknowledging a child’s right to know their biological parent, the court emphasized the need to balance this with the potential father’s right to privacy and dignity.
A bench comprising Justices Surya Kant and Ujjal Bhuyan stated that courts should order DNA tests only after carefully weighing the interests of both the child and the potential parent, and only if there is a compelling need. The judgment highlights that forcefully subjecting someone to a DNA test infringes upon their right to privacy and can lead to severe reputational damage, particularly in cases involving allegations of infidelity.
Justice Kant, authoring the judgment, noted the potential for misuse against vulnerable women, who could face intense social and legal scrutiny. The court underscored that the presumption of legitimacy for children born within a valid marriage should generally hold, unless marital relations were demonstrably impossible.
The ruling stemmed from an appeal by a Kerala man whose mother, after separating from her husband, accused another man of being his father. Lower courts had dismissed the mother and son’s pleas for maintenance and a DNA test. The Supreme Court upheld the lower court’s decision, confirming the appellant’s legitimacy as the son of his mother’s former husband. The court’s decision sets a precedent emphasizing the importance of protecting the privacy and dignity of individuals, particularly in sensitive matters of paternity.
First Piper 