There is significant community interest in the capacity of DNA
assessment to affect court proceedings. It is suggested that a
swathe of wrongly convicted persons might be released because of
"DNA evidence." That is yet to bear fruit. On the other
hand, offenders may more easily be convicted with "DNA
evidence."
There would be little controversy in the use of this evidence to
inculpate the offender and to exculpate the innocent. Significantly
more controversy exists in using DNA evidence to "determine
parentage."
In Re: H & A (Paternity: Blood Test) (2002) 1 FLR
1145, Lord Justice Thorpe held that as science had developed
significantly, paternity is a matter to be determined by science
and not by legal presumption. That may be so. The difficulty that
arises, however, is that whilst science has advanced to precisely
determine "paternity," neither science nor the community
has developed so much that it can precisely determine
"fatherhood." And it may be said that the
