The right of paternity testing by fathers vs. the best interest of the child

Abstract

Since the 1980s, the use and importance of DNA testing has developed massively. In today’s age it is commonly used in cases where the father would like to know if he is the biological parent of the child that he is caring for, which forwards a dilemma. Between the right of paternity testing by fathers on one hand, and the best interest of the child on the other. This establishes a question on whether or not the right of paternity testing by fathers is exclusively dependent on whether the testing would be in the best interest of the child, and whether the child knowing who their biological father is always in their best interest. This dissertation will examine current legislation and the position of the Maltese Courts in relation to the notion of “the best interest of the child”, as it intersects with both the child’s and father’s filiation rights. There will also be an analysis on whether the court has ever ordered against a paternity test on the basis of the best interest of the child, as well as analyzing whether or not disallowing a father from knowing whether the child is biologically his or not is discriminatory to their rights. Discussion is necessary since filiation is an aspect of family law that has not been extensively studied, and debates regarding the father’s paternity rights remain lacking. This dissertation shall therefore provide an extensive analysis of the right of paternity testing by fathers shall be established, as well as the importance of the notion of the best interest of the child, and whether or not these always overlap or whether they challenge one another.