Generally, when an individual attends a genetics lab for a Court-ordered paternity test, they have to provide identification. With pieces of identification, such as a Driver’s License, so easily doctored these days, the genetics labs also usually have video footage of who enters and exits the labs, but that information is not always easily accessible and will generally require a Court order. If someone has a fake Driver’s License and takes a paternity test on behalf of someone else, what remedies does the mother have to investigate? The Court’s only priority when it comes to determining parentage is the best interests of the child, which would seem to weigh on the side of allowing further paternity testing rather than see a child go without a father. Paternity testing is not necessarily a new area of family law, though the repercussions for cheating on a paternity test and the remedies available to mothers alleging paternity does not have much discussion on this issue yet.
The legislation involving determining parentage in British Columbia can be found in ss. 23 to 33 of the Family Law Act, and s. 2 of the Divorce Act. If a party is ordered by the Court to take a paternity test and fails to do so, such as the RCMP Officer above, the Court can draw from that failure ANY inference that the Court considers appropriate. In this case, that may include bringing criminal charges against the RCMP Officers involved.
If you have questions about paternity testing, contact Hart Legal to book a consultation.