Authorities questioned on the use of DNA tests to assess paternity

Civil registry booths

A Portuguese lawyer residing in the region claimed that the Public Security Police (PSP) is requiring DNA tests for a few Portuguese parents who wish to acquire a BIR for their children who were not born in Macau.

Amélia António first mentioned the case in a broadcast interview played on TDM, claiming that she was informed of such cases, which she considered to be illegal.

Despite presenting documents issued by the Civil Registry of Portugal, stating that the minor is a child of the permanent resident, the lawyer noted that the PSP refuses to accept the official papers.

“This is an official document that is issued by the [Portuguese registry] department and […] they don’t think the document is a sufficient one so they ask for this kind of [DNA] exam,” she criticized.

Explaining to the Times the illegality of the matter, Amélia António recalled that Macau and Portugal both have mutual recognition on civil registrations.

“I cannot accept [it] because this is against everything, especially against some [cooperation] between Portugal and Macau,” she continued.

When asked whether the parents conformed to the bureau’s demand, Amélia António explained that the parents have been forced to take such a test for an accelerated procedure of processing their children’s residency in the MSAR.

The lawyer, also the president of Casa de Portugal, said that the victims have taken paternity tests, which cost, on average, around MOP3,000.

“This is something they [the parents] feel is absolutely crazy but because the kids need to go to school they accepted to do [the test],” she commented.

Amélia António lamented that government departments take decision that are not conformed to the law. According to her, the bureau in Macau demands actions that are not approved by the law, and would reason that it is an internal rule, when questioned.

“I don’t accept this kind of process because there is no legal basis to do that,” she criticized.

The Times contacted the PSP to ask whether the DNA paternity tests are required for BIR holders who wish their children born elsewhere to apply for residence authorization in Macau.

The PSP explained that dependents of a Macau resident parent do not need to take a DNA test when applying for such permit.

However, the statement added that the force, in accordance with the law, could require the applicant to provide valid documentary proof when in doubt.

“Since the confirmation of parent-child relationship is a pre-requisite for the granting of Residence Authorization, when our Force has doubts about the applicant’s parent-child relationship, especially in the case of an illegitimate child or missing particulars of the father on the documentary proof, our Force will […] require the applicant to further provide valid documentary proof in support of the parent-child relationship,” the police stated. “If the applicant requests assistance in taking a DNA test to confirm the parent-child relationship, our Force will write to the Macau Judiciary Police, who will arrange a time for the DNA paternity test. Our Force will then notify the applicant to take the test with his/her family and the test report will be mailed directly to our Force.”

According to the police data, 13 Residence Authorization applicants submitted a DNA paternity test in 2016.

Among these cases, one case involved a “Permit for Proceeding to Hong Kong and Macau” (One-way Permit) holder applying for Residence Authorization. The other 12 cases involved Macau’s permanent residents or One-way Permit holders, who were granted residence and were applying for Residence Authorization for their children born outside the MSAR.

The PSP clarified, “There were no cases in which Portuguese [residents were] requested for referral to the Judiciary Police (PJ) for a DNA paternity test when applying for Residence Authorization.”

However, when the Times re-contacted Amélia António, the lawyer stressed that she knew of several cases.

“According to the information that I hear, it’s not only one,” she noted.

An applicant who was required to take a DNA paternity test refused to speak with the Times.

The Times is also aware of cases of non-married couples that try to register their children born in Macau at the Civil Registry and are asked to conduct such tests at the PJ, under the pretext that the paternity needs to be asserted (and even when there is nobody questioning the paternity). In cases like this, the child is put under a legal limbo, since the identification documents initially issued do not state the father’s identity. For a period of time, which can take between a few months or even over a year, the child is not given a name (the documents will state “son of” followed by the mother’s name) and the father is not allowed to name the baby with his surname.  The Civil Registry is under the supervision of the Secretary for Administration and Justice. The Times questioned Sonia Chan’s office about the number of cases per year (in 2015 and 2016) when the Civil Registry requested the DNA test to be done at the PJ in order to assess paternity. 

The Times also submitted a query to the Public Administration and Civil Service Bureau (SAFP), where the Civil Registry operates, to confirm whether it recognizes Portuguese civil registry documents. However, a spokesperson from SAFP said, “inquiries about civil registry documents are beyond the competence of SAFP to answer.”

The government department added that it is the Legal Affairs Bureau (DSAJ) who “is responsible for all the registration about births, deaths and marriages for Macau citizens and residents.” The Times also contacted the DSAJ, but received no answer by press time.