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Paternity and Blood Group Evidence: Scandinavian Practice

MOST legal systems provide for the ascertainment of some kind of juridical relationship between an alleged father and a child bora out of wedlock, irrespective of any denial by the man. However, the rules under which the relationship is established and its legal consequences vary greatly'. Variation is also great in terms of the use of medico-legal evidence of paternity. Thus, forensic blood grouping tests are frequently considered synonymous with parentage exclusion tests, reflecting, for example, stipulations in force in many American states, according to which blood-group findings are admissible as evidence only if they exclude the paternity*. The modern trend, pioneered by the Scandinavians, is to give the same legal status to both children born out of wedlock and legitimate offspring. This requires unhindered investigation of paternity, on the basis of all available evidence. Only a small fraction of the Scandinavian literature dealing with the use and interpretation of this evidence is easily accessible internationally. Blood typing is becoming an increasingly important procedure in paternity investigations. This article examines Scandinavian Supreme Court practice in the attribution of paternity with the aid of blood-group statistical evidence.