DNA Test After the Birth of a Child: What Changes Are Proposed in the Rules for Establishing Paternity

In Ukraine, it is proposed to introduce genetic confirmation of biological paternity during the state registration of a child’s birth. The initiative envisions that after the birth of a child, genetic testing may be conducted between the newborn and the man listed as the father. According to the authors, this will create a transparent mechanism for establishing the biological origin of the child, protect the rights of all parties, and reduce the number of court disputes in the future.

An electronic petition on this matter has been registered on the website of the Cabinet of Ministers of Ukraine. Its authors call on the government to develop and submit a draft law to the Verkhovna Rada that would provide for the introduction of such a procedure.

What is proposed?

It is noted that the birth of a child is already accompanied by necessary medical examinations, the preparation of medical documentation, and state registration. In their opinion, a genetic testing procedure could be added to this system, which would allow official confirmation of the biological connection between the child and the man listed as the father.

It is proposed that after the birth of a child, genetic testing of biological material samples from the newborn and the man listed as the father be conducted. Based on the results of such testing, an official confidential document with a conclusion on whether biological paternity is confirmed should be issued to the mother, father, or other persons defined by law.

The authors emphasize that the initiative is not aimed at accusing women or questioning the integrity of mothers. According to them, its goal is to create an equal, independent, and objective procedure that does not depend on personal assumptions, conflicts, or the level of trust between parents.

According to the initiators, official confirmation of biological paternity may be important for ensuring the child’s right to know their biological origin, preventing future disputes regarding paternity, protecting the rights and interests of both parents, preventing erroneous establishment of paternity, reducing the number of lengthy court proceedings, protecting the child’s inheritance and property rights, as well as providing reliable medical information about their biological origin.

At the same time, the authors of petition No. 41/010376-26ep emphasize that the introduction of such a procedure must be accompanied by reliable guarantees for the protection of personal and genetic data.

The Cabinet of Ministers is asked to:

• develop and submit to the Verkhovna Rada a draft law on the introduction of a procedure for genetic confirmation of biological paternity during the processing of documents after the birth of a child;
• provide for the possibility of conducting genetic testing between the newborn child and the man listed as the father;
• introduce the issuance of an official confidential document with the results of genetic testing;
• ensure that testing is conducted exclusively by accredited and independent medical or laboratory institutions;
• guarantee the protection of genetic information and prohibit its illegal disclosure or use;
• determine the procedure of actions in cases where the results of genetic testing do not confirm the biological paternity of the person listed as the child’s father;
• ensure that conducting genetic testing does not hinder the timely state registration of the child’s birth, obtaining documents, medical care, and the realization of other rights.

According to the initiators, the introduction of such a procedure could contribute to protecting the rights of the child and both parents, as well as reducing the number of conflicts and court disputes related to establishing biological paternity.

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