1. ) M. P. P. L. 2. ) H. Y. S. L. XXXX

1. ) M. P. P. L. 2. ) H. Y. S. L. XXXX

Where a putative father proves on the balance of probabilities that he had sexual relations with the mother during the child’s conception period and the test is in the child’s best interests, the High Court has inherent parens patriae jurisdiction (supported by s.24(d) CJA 1964 and s.3(1) Civil Law Act 1956 importing English common law) to order forensic DNA testing notwithstanding absence of explicit civil statutory power and notwithstanding the presumption of legitimacy under s.112 Evidence Act 1950 does not bar such inquiry.

Citation
W-02(W)-1051-05/2021 (Mahkamah Rayuan)
Parties
1st Appellant: M.P.P.L; 2nd Appellant: H.Y.S.L; Respondent: C.A.S
Court
W
Jurisdiction
Malaysia
Judgment Date
27 March 2023
Case Number
W-02(W)-1051-05/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (paternity DNA Test) / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court order allowing DNA test and ancillary reliefs affirmed
Legal Topics
Paternity, DNA Testing, Parens Patriae, Presumption of Legitimacy (s.112 Evidence Act 1950), Inherent Jurisdiction
Source Language
Malay/English
Family Law Evidence Civil Procedure Public Law Paternity DNA Testing Parens Patriae Presumption of Legitimacy (s.112 Evidence Act 1950) +1 more

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Parties

M.P.P.L

1st Appellant

H.Y.S.L

2nd Appellant

C.A.S

Respondent

Procedural Posture

Civil Appeal (paternity DNA Test) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent established a prima facie case of sexual relations with the mother during the child’s conception period
  2. 2 Whether the courts have power to order a forensic DNA test on a child in civil proceedings
  3. 3 Whether ordering the DNA test is in the best interests and welfare of the child

Ratio Decidendi

Where a putative father proves on the balance of probabilities that he had sexual relations with the mother during the child’s conception period and the test is in the child’s best interests, the High Court has inherent parens patriae jurisdiction (supported by s.24(d) CJA 1964 and s.3(1) Civil Law Act 1956 importing English common law) to order forensic DNA testing notwithstanding absence of explicit civil statutory power and notwithstanding the presumption of legitimacy under s.112 Evidence Act 1950 does not bar such inquiry.

Court Disposition

Appeal dismissed; High Court order allowing DNA test and ancillary reliefs affirmed

Orders

  • Order affirmed that Child C be subject to forensic DNA testing to determine paternity (as ordered by High Court)
  • Order that parties bear their own costs