Jurisdiction(s):
United Kingdom

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Key definition

Law definition

What does Law mean? In legal practice, Law describes the body of binding rules governing parties’ rights and obligations in the relevant jurisdiction(s). It is not a single statutory or case-law definition; in contracts it is a descriptive catch‑all used to capture all sources of applicable law. Law includes: (a) any primary or secondary legislation (including regulations, statutory instruments and byelaws) in force from time to time that applies to a party or to the place the Services are provided; (b) the common law and, where applicable, equity; (c) any binding court order, judgment or decree; (d) any applicable industry code,

DNA Parentage Testing in Family Proceedings (England and Wales): Court Powers, Procedure (FLRA 1969 Pt III; CPR PD 49G), Consent, Child Welfare, Cafcass and Key Case Law

Published by a LexisNexis Family expert

Practice notes

PrACTice Note

This Practice Note explains the use of scientific (DNA) testing to establish paternity where the parentage of an adult or child must be decided in civil proceedings under Part III of the Family Law Reform Act 1969 (FLRA 1969). It covers the court’s powers, the child’s interests, consent and compliance, the involvement of Cafcass, the steps for applying for scientific (DNA) testing, and key case law. It also highlights provisions in the Civil Procedure Rules 1998, particularly CPR PD 49G (Applications under Part III of the Family Law Reform Act 1969 for use of scientific tests to determine parentage).

Under FLRA 1969, Pt III, in civil proceedings where a person’s parentage is in issue, the court may direct scientific testing to assist in determining paternity, either on its own initiative or upon an application by any party. There is no freestanding power to order scientific (DNA) tests; there must be civil proceedings in which the question of parentage arises.

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