About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

26 Queen's L.J. 67 (2000-2001)
Canadian Family Law and the Genetic Revolution: A Survey of Cases Involving Paternity Testing

handle is hein.journals/queen26 and id is 77 raw text is: Canadian Family Law and the Genetic Revolution: A Survey of Cases Involving Paternity Testing Timothy Caulfield* The past few decades have witnessed the emergence of an increasingly inclusive definition offamily in Canadian law. This trend is largely attributable to twofactors: the dominance of the family law principle of the best interest of the child and an understanding that relationships are more important than biological relatedness in determining parental rights and duties. In light of the increasing pervasiveness of genetic information in Canadian society, the author explores the degree to which a re- emphasis on biological ties will alter how we define the concept offamily, both legally and socially. To this end, he examines whether recent advances in human genetics, particularly DNA paternity testing, have resulted in courts more frequently applying the best interest test through the lens of biology and in a corresponding decrease in courts' support of non-biological families. The author examines Canadian case law involving paternity testing from 1992 to 1998 and finds no significant increase in either the number of cases brought to court or the percentage of cases in which genetic testing was ordered. However, the author's analysis suggests that courts are placing a growing value on the importance of genetic evidence, and that they justify its use by reference to the importance of complete medical information for thefuture health of the child, to the state's interest in ensuring that a child receives financial support, and to the certainty which genetic evidence affords. The author argues that as genetic technology is in its infancy and the causes of medical conditions are complex, the information provided by DNA testing is suspect. More broadly, the courts should be wary of yielding to biological determinism, lest they neglect other vitalfactors in considering what familial configuration is bestfor a child. Introduction I. Background II. Paternity Testing Case Law Review A. General Observations on the Use of Paternity Testing B. General Trends in the Use of the Best Interest Test C. Best Interest Test and the Health of the Child D. Best Interest Test and Financial Considerations T. Caulfield

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most