Enforced DNA tests urged in paternity

Men should be forced to take DNA tests to settle paternity disputes, the Law Commission says.

The "New Issues in Legal Parenthood" report said that intentional non-compliance with DNA test orders should be met with fines of up to $2500 and three months in jail.

The legal presumption of fatherhood should also be extended to include de facto and civil union partners living with the mother at time of conception, the report said.

The report contains 30 recommended law changes designed to reflect changing family structures and developments in new birth technology and DNA testing.

At present, the Family Court can recommend people involved in paternity disputes have DNA tests, but has no enforcement powers.

If a father refuses to have a test, the court will hear evidence and rule on paternity status without a test.

The court made only 32 recommendations for DNA testing last year, although companies carrying out the tests confirm many more people have them done privately.

About 7 per cent of New Zealand children have no named father on their birth certificate.

In many cases the children know their father, but they are not named on the certificate to avoid paying child support.

The Law Society said it backed the ability of courts to force the tests.

Family law chairman Simon Maude said: "It's in the interest of children, no question about that."

He said while there were not many cases where an alleged father refused to comply with a court recommendation, those who do refuse affect the children involved.

The society believed the Government should subsidise the tests, as their $1100 cost could deter some parents unsure who the father was.

The Office of the Children's Commissioner said it supported the plan. United Future MP Gordon Copeland said people had a basic right to know their genetic heritage.

Law Commission Minister Marian Hobbs said the report grappled with difficult issues.

The Government was required to respond within six months, she said.

The commission said the law should permit egg and sperm donors to become "third parents".

It also recommended that surrogacy laws should provide greater protection for all parties.