Determination of paternity - LB v YD and YD v LB (A)

Abstract

When a child is born, it is unlikely that maternity will be in dispute. In contrast, paternity is often in question. In LB v YD 2009 5 SA 463 (T) the applicant (the alleged father) approached the Transvaal Provincial Division (now the North Gauteng High Court, Pretoria) seeking an order directing the respondent (the mother) to submit herself and her child, Y, to DNA (blood) tests for the purpose of determining whether the applicant is the biological father of the minor child. When Murphy J granted the order sought, the respondent unsuccessfully applied for leave to appeal in YD v LB (A) 2009 5 SA 479 (GNP). LB v YD is the first case in which an order was sought compelling an adult and a child to submit to blood tests since the implementation of the Constitution of the Republic of South Africa, 1996 (the Constitution). The case is therefore very significant. The law and Murphy J’s argument with regard to compulsory blood or DNA testing, as well as the relevant constitutional rights, are considered.