YM v LB

The appellant (the mother) and the respondent were previously engaged and in a sexual relationship during which the child was conceived. The respondent consistently believed and asserted that he was the biological father, supported the mother financially during pregnancy, and sought to be involved in the child’s life. After the child’s birth, relations deteriorated and the respondent applied to the High Court for an order compelling the mother and child to undergo DNA testing to establish paternity, coupled with a claim for full parental rights if paternity were confirmed. The High Court granted the order for DNA testing. The mother appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court’s order compelling DNA testing was set aside and replaced with an order dismissing the application with costs.

The case clarifies that South African courts should not order DNA or blood tests to establish paternity where paternity is already proven on a balance of probabilities. It limits the use of compulsory scientific testing, affirms privacy and bodily integrity rights, and emphasises that the best interests of the child must be assessed on a case-by-case basis rather than through general rules.