A paternity test has proved that a man fighting deportation so he can remain in Ireland with his son is not actually the child’s father.

The man, who is originally from India, had argued that he should not be deported from Ireland as his son was an EU citizen. But a High Court judge ordered a DNA test to establish paternity and the results showed that the man was not the biological father of the two-year-old.

These results contradict sworn assertions made during the case by both the man and the child’s mother. The man had also been named as the child’s father on his birth certificate.

Mr Justice Richard Humphreys has now urged the child’s mother to tell the truth about the paternity and correct the false information on the birth certificate. He claimed this was a “particularly vivid example” of immigration fraud and was breaching the child’s right to know his parents.

A child’s right to know their biological mother and father is recognised by the UN Convention on the Rights of the Child. Mr Justice Humphreys said the decision to enter false details on the toddler’s birth certificate had infringed his rights to know the truth about his father’s identity.

He added that immigration fraud “is not a victimless crime” and said the Minister of Justice would now be informing the registrar of births and asking for the birth certificate to be amended.

Lawyers representing the couple “surprised and disappointed”

The couple claimed to have travelled to Ireland separately in 2015 before starting a relationship in 2017. The man had illegally entered the country from the UK and was arrested in 2019 as a result of a deportation order made in 2016.

The man had argued that he should not be deported back to India due to his relationship with his son.

Lawyers representing the couple said they were “surprised and disappointed” by the negative paternity test result as they had acted for their clients in good faith.

But the judge said the man and woman had lied repeatedly, which now cast doubt on all the other claims they had made during the case. He ruled that an injunction which had put the man’s deportation on hold had now automatically ended as a result of the DNA test results.

He ordered the applicants to pay all legal costs and for the man to remain on bail until a final decision in the proceedings is made.

AlphaBiolabs offers DNA testing services to legal professionals and organisations for use as evidence in court proceedings. Our paternity tests are also available to members of the public who want to know whether someone is the biological father of a child.

To find out more about our DNA tests, call 0140 29466 or email info@alphabiolabs.ie

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