Guide for South African parents

Paternity and DNA tests at the maintenance court

Reviewed by an admitted South African attorneyLast reviewed 29 September 20267 min read

The short answer

If he denies he is the father, the maintenance court can hold a short enquiry and arrange paternity tests if both parents agree to be tested with the child. If neither can pay, the court can order the State to pay for now. If he refuses a test, the court must warn him that refusing can affect whether he is believed. If he had sex with the mother when the child could have been conceived, the law presumes he is the father unless he raises a reasonable doubt.

Presumed father: The husband; or a man who had sex with the mother when the child could have been conceived
Tests at maintenance court: Section 21 of the Maintenance Act
Can’t afford it?: The court can order the State to pay for now
He refuses: The court must warn him it can affect his credibility
Back pay: Birth costs and maintenance from birth can be claimed

Who the law presumes is the father

If the parents were married: the husband is presumed to be the father. He can disprove it on a balance of probabilities.
If they weren’t married: section 36 of the Children’s Act says that if it is proved that a man had sex with the mother at any time when the child could have been conceived, he is presumed to be the father. The presumption stands unless there is evidence that raises a reasonable doubt.

So a man who says “it’s not my child” doesn’t end the case. The question is what the evidence shows.

Paternity tests at the maintenance court

Section 21 of the Maintenance Act deals with paternity tests. The maintenance officer can ask the court to hold a short enquiry, at any time before it makes the maintenance order, if:

paternity is in dispute;
the mother and the man are prepared to be tested, with the child; and
the mother, the man, or both can’t pay for the tests.

The court can then make an order about the costs, including an order that the State pays all or part of them for now. When it makes the final maintenance order, the court can confirm, change or cancel that costs order.

What a test costs

There is no official price list. GroundUp reported in February 2024 that the National Health Laboratory Service (NHLS) charged around R1 200 per person tested, with a deposit up front. Private laboratories charge more. Ask the maintenance officer what applies at your court before you pay anything.

If he refuses a test

Section 37 of the Children’s Act says that if a party refuses to be tested, or to have the child tested, the court must warn them what effect the refusal might have on their credibility. Combined with the presumption above, refusing a test can count against him.

How accurate the tests are

A DNA test that shows a man is not the father is conclusive. When all the markers match, laboratories report a probability of paternity above 99.99%.

Testing the child

Laboratories generally need a legal guardian’s consent to test a child under 16, unless a court referral names the child. The Supreme Court of Appeal has held that a court should only order tests on a child when that is in the child’s best interests, and not where paternity has already been shown on a balance of probabilities (YM v LB, 2010).

While you wait for results

Where a postponement is needed, the court can make an interim maintenance order. It does so if there are enough grounds to show the man is liable, and waiting would cause undue hardship. Ask the maintenance officer about it.

Back pay once paternity is proved

When it makes the order, the court can order the father to pay the mother’s birth expenses, and maintenance for the child from the date of birth to the date of the enquiry, with interest.

The birth certificate doesn’t change by itself. A maintenance order doesn’t update the birth register. To add the father’s details, apply to Home Affairs. The father can apply with the mother’s consent. Without her consent, he needs a High Court order.

Questions parents ask

Can the maintenance court order a DNA test?

Section 21 of the Maintenance Act lets the court hold an enquiry and arrange tests when paternity is disputed and both parents agree to be tested with the child. It can order the State to pay for now if they can’t afford it.

Who pays for a paternity test?

The parents, unless they can’t afford it. Then the court can order the State to pay all or part for now, and settle the costs when it makes the final order.

What if he refuses the test?

The court must warn him that refusing can affect his credibility. If he had sex with the mother when the child could have been conceived, the law presumes he is the father unless he raises a reasonable doubt.

How accurate is a DNA paternity test?

A result that excludes a man is conclusive. When all markers match, laboratories report a probability of paternity above 99.99%.

Can I claim maintenance from the child’s birth?

When it makes the order, the court can order payment of birth expenses and maintenance from the date of birth to the date of the enquiry, with interest.

Will the result change the birth certificate?

Not by itself. Apply to Home Affairs to record the father. Without the mother’s consent, the father needs a High Court order.

General information, not legal advice. This guide explains South African law in general terms. It was reviewed by an admitted South African attorney on 29 September 2026, but the law and court practice change, and every case is different. For advice on your own situation, speak to an attorney or Legal Aid South Africa on 0800 110 110.