Right to Privacy vs. Right to Know Biological Father

In January 2025, in a pivotal verdict on paternity and legitimacy, the Supreme Court balanced an individual's right to know his biological father with the right to privacy of the man involved, in a case that spans two decades.

Key Points

Case Background: A 23-year-old man sought a DNA test to prove his paternity, claiming he was born as the result of his mother’s extramarital affair. He wanted to establish his biological father’s identity to claim maintenance for his medical expenses, which his mother and he could not afford.
Court's Ruling on Legitimacy: The Court emphasized that even if the son was born from an extramarital relationship, the presumption of legitimacy based on the marriage between his mother and her husband could not be easily dismissed.
The Right to Privacy: The Court highlighted the delicate balance between the child’s right to know his biological father and the privacy of the alleged father.
The order stressed that a forced DNA test could result in social stigma and harm to a person’s reputation, emphasizing the importance of protecting privacy.
The Mother's Dignity: The verdict also considered the potential harm to a mother’s reputation, noting the challenges vulnerable women might face in such cases, particularly when their privacy is publicly questioned.