Impact of DNA refusal

The inescapable inference from a failure to submit to a DNA test is that the presumption of paternity can be displaced.

While just one of the factors considered in making a declaration of non paternity, the failure to co-operate was deemed to be of importance where it would have given a conclusive answer as to the truth.

In CS v KS and JS the sheriff concluded that while he was unable to consider issues of physical resemblance and hair colour, he could, with the assistance of the expert evidence of a forensic scientist, consider skin colour and eye colour as competent evidence.

Combined with evidence that sexual relations took place with the alleged father, there was ample evidence to conclude that the Pursuer was not the father of the child and to displace the presumption set out in the Law Reform (Parent and Child) (Scotland) Act 1986.