Proof of Paternity : The History

Abstract

A thesis submitted to The University of Manchester for the degree of Master of Philosophy in the Faculty of Humanities in 2012by Susan Vipont HartshorneProof of Paternity : The HistoryABSTRACTThis thesis traces the history of the various methods that have been used to try to prove paternity in England - from earliest times up to the implementation of the Family Law Reform Act 1987. This Act enabled courts to direct tests using DNA Fingerprinting on bodily samples in cases of disputed paternity and therefore to settle these cases using this new and accurate method - obviating the need for using other less accurate methods.Before the discovery of DNA Fingerprinting in 1984 there was no way to prove without doubt that a putative father was or was not the biological father of the disputed child. A number of other methods were used, but none were entirely satisfactory. This thesis first looks at the reasons why these cases needed to be resolved and shows why illegitimacy was to be avoided if at all possible. Then it shows how, in early times, fictional presumptions were used so that, in the absence of scientific methods, there could be some certainty in deciding these cases. It also charts the history of various quasi-medical methods which were used to help solve these problems - some more usefully than others. In addition it shows how artificial insemination by donor could, and did, complicate some cases - particularly when this took place in secret.This thesis focuses mainly on the 20th century because at the beginning of this century it was discovered that blood groups were inherited and that therefore they could play some part in resolving disputed paternity cases. The thesis describes the struggle that took place before the courts would accept blood group evidence and the difficulties experienced before at last (at the third attempt) legislation was enacted in 1969. This Act (and the regulations made under it) set out a framework for the taking of blood, the testing of samples, its use by the courts and the inferences that could be drawn if parties refused to take blood tests. The effect of, on the one hand, prejudice against all things new and/or scientific and, on the other hand, the search for truth, using all available methods, is shown by the use of articles in journals or the press and also by remarks made in court by members of the judiciary. The effect of the gradual change in attitude of the public and of religious leaders towards the rights of children - and in particular the right of the child to know both its parents, is also noted.

Date of Award	1 Aug 2013
Original language	English
Awarding Institution	The University of Manchester
Supervisor	Philip Handler (Supervisor)