Wednesday, May 24, 2006

Mississippi Supreme Court Says Genetic Testing O.K. in Paternity Cases -- Even If Not in Child’s Best Interests

The Mississippi Supreme Court has ruled that genetic testing must be performed when requested by either party in a paternity case. The court held that “Even if a trial court determined it was not in the child's best interests to require a paternity test, all that is necessary, under the statute as it currently exists, is for either the plaintiff or defendant in a suit regarding paternity to move for a test to be done. No discretion is afforded.”  The court said it was bound to apply the statute permitting testing unless it is changed by the legislature. A copy of the opinion in Thoms v Thoms can be found by clicking here (last visited May 24, 2006, reo).

http://lawprofessors.typepad.com/family_law/2006/05/mississippi_sup.html

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