MALAYSIA Tanah Tumpah Darahku


Tuesday, May 31, 2022

Court allows Algerian’s bid for paternity test on adopted child


The Shah Alam High Court was told the Algerian’s lover had given the child up for adoption, without his knowledge, 12 days after giving birth.

SHAH ALAM: The High Court here has allowed an Algerian man’s application for a paternity test to be conducted on an adopted male child.

The man’s lover had given the child up for adoption, without his knowledge, 12 days after giving birth.

Judge SM Komathy said should the result of the DNA test prove so, the plaintiff will also be declared the biological father.

In her judgment released last week, Komathy said the plaintiff had strong prima facie evidence that he is the biological father as there was compelling evidence that the biological mother and the plaintiff had a sexual relationship.

“The plaintiff has produced adequate corroborative evidence to show that there is a good possibility that he is the birth father, and only a DNA test can confirm conclusively the veracity of his claim,” she said.

The identities of the parties have been withheld due to the sensitivity of the issue.

Komathy said she is unable to accept the adoptive parents’ contention that the order for a DNA test will have adverse effects on the child who has become attached to them.

“It is possible that as the child develops emotionally and cognitively, he may have a different reaction to the adoption and may have some difficulty coming to terms as to why his adoptive parents have kept him away from his birth father.

“Conversely, the child may also struggle with the fact that he was rejected by his biological parents,” she said.

The judge said the adoption order was made in the plaintiff’s (Algerian’s) absence and without giving him the opportunity to oppose the petition.

“The birth mother, at the material time, was aware that he had not relinquished his rights to the child and that he was looking for him, but she failed to disclose this vital information to the court,” she said.

She said that if the plaintiff is indeed the biological father, permitting the adoption without his consent would represent a denial or interference with his rights to raise the child.

According to the facts of the case, the child’s mother, unmarried, gave birth on Feb 2, 2016.

The plaintiff was present at the hospital and was allowed to see the child but, by the next day, the mother had discharged herself and left with the child without informing the plaintiff.

Ten days later, she phoned the plaintiff to inform him that she had given the child up for adoption but refused to divulge any further details.

That was when the plaintiff began looking for the child.

Some time in October 2016, the adoptive parents (the defendants) became aware of the plaintiff’s existence when he posted on social media that he was looking for the child.

In early 2017, the plaintiff found out about the adoption order after conducting a search on the court file at the Shah Alam sessions court.

The plaintiff continued to create public posts, claiming to be the father of the child and this prompted the defendants to file a suit in the High Court here for defamation and harassment.

The Algerian then filed a counter-suit which the court heard first to determine whether the DNA test should be allowed. - FMT

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