Fatherhood’s DNA

PARENTING is not entirely a question of biology. For this reason, the call by The Fathers Association of TT (TFATT) for mandatory paternity tests prior to the granting of maintenance orders is one that should be approached with careful thought. DNA testing involving children is a complex issue and a one-size-fits-all legal framework lacking flexibility might not be advisable.

On November 3, TFATT officials presented the results of a survey of an unnamed judiciary-approved laboratory, which showed that of 440 tests between 2020 and 2025, 143, or 33 per cent, indicated a different parent to the assumed father.

“Can you imagine with a ratio of one in every three how rampant this can be?” said TFATT president Rhondall Feeles.

The issue is potentially significant. Between 2016 and 2021, the Family Court received 6,838 child maintenance applications. In the 2022/2023 term alone, there were 1,766 filings. Weeding out some of these cases at an early stage could free up the court.

Still, a survey of one lab may not necessarily be representative. People who already doubt are more inclined to test and the figures could just reflect that.

Paramount must be the interests of the child. If nobody is questioning paternity, then a judge, master or magistrate should not force a test on anyone.

The court should only get involved in a dispute, and even then there are other avenues to a ruling. For instance, if either parent refuses to submit to a test, the court could be given power to draw inferences from that refusal, as happens in the UK.

Given the complexity of relationships and the double standards often faced by women, the association’s call for a new offence of “paternity fraud,” too, might seem harsh and unrealistic. But such an offence could still be a symbolic deterrent.

However, the law should not treat DNA as the end of the matter – and this is what is missing from the association’s position.

Where a person performs the role of guardian, to the extent that the child already regards them as a parent, the court should be able to take this into account.

Behavioural therapist Wendell De Leon, speaking at the association’s event this week, rightfully cited the dire impact on men of situations in which they have “spent the better part of 15, 16 years raising a child, caring for a child, being there for the birth process, being involved in the child’s life, providing willingly, only to find out this child is not yours.”

That’s actually a reason why DNA testing should be discretionary.

Some fathers might see their role as having nothing to do with paternity and an environment with a mandatory standard might not serve them.