Dreyer v Botha (4421/08)
Dreyer v Botha (4421/08) [2009] ZAGPPHC 50; 2009 (5) SA 479 (GNP) (14 May 2009)
The court found that the privacy rights of a non-consenting adult may, within reasonable limits, yield to the demands of discovering the truth in the best interests of the administration of justice. The best interests of the child are paramount but must be balanced against the rights of unmarried fathers and the need for legal certainty in parental disputes. Statutory and common law presumptions regarding paternity are insufficient in cases where paternity is contested and the child was born in wedlock. The only reliable means to rebut the presumption and establish biological paternity is thr…
Source excerpt
- Compulsory Dna Testing
- Best Interests Of Child
- Privacy Rights
- Parental Responsibility
- Children S Act
- Common Law Presumption