J K L 1. ) A B C 2. ) D E F

J K L 1. ) A B C 2. ) D E F

Court has inherent jurisdiction to order DNA testing; plaintiff demonstrated a strong prima facie case based on corroborative material including the mother's email and other evidence; balancing competing interests the DNA test is in the child's best interests and must be ordered; if test proves paternity the plaintiff shall be declared the birth father.

Citation
BA-24F-363-11/2021 (Mahkamah Tinggi)
Parties
Plaintiff: JKL; Defendant 1 (adoptive Parent): ABC; Defendant 2 (adoptive Parent): DEF
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2023
Case Number
BA-24F-363-11/2021 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (paternity/dna) / Decision on Originating Summons Ordering DNA Test
Outcome
Originating Summons allowed in part; DNA test ordered
Legal Topics
DNA Testing, Inherent Jurisdiction, Best Interests of the Child, Adoption Order Challenge, Estoppel
Source Language
Malay/English
Family Law Adoption Law Paternity Child Rights Evidence Law DNA Testing Inherent Jurisdiction Best Interests of the Child +2 more

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Parties

JKL

Plaintiff

ABC

Defendant 1 (adoptive Parent)

DEF

Defendant 2 (adoptive Parent)

Procedural Posture

Originating Summons (paternity/dna) / Decision on Originating Summons Ordering DNA Test

Legal Issues

  1. 1 Whether the Originating Summons for DNA testing should be heard separately or together with the defendants' writ action
  2. 2 Whether the High Court has jurisdiction to order DNA testing to determine paternity
  3. 3 What test applies to ordering DNA testing

Ratio Decidendi

Court has inherent jurisdiction to order DNA testing; plaintiff demonstrated a strong prima facie case based on corroborative material including the mother's email and other evidence; balancing competing interests the DNA test is in the child's best interests and must be ordered; if test proves paternity the plaintiff shall be declared the birth father.

Court Disposition

Originating Summons allowed in part; DNA test ordered

Orders

  • An order that a DNA test be carried out to determine whether the plaintiff is the birth father of the Child
  • An order that if the DNA test shows the plaintiff is the father he shall be declared the birth father