Published: 01/7/2014 | Updated: 13/08/2015 | Updated: 30/01/2017
It is rather easy to do a paternity test when the mother accepts. However things could get complicated if she refuses. We have listed the different methods to do a DNA test when the mother refuses from simplest to most complicated. They should be attempted in the following order.
If the child is an adult or if the father has custody of the child, there is no need to involve the mother. A DNA test can be ordered and performed based on the father’s own authority and consent. Also, if the child's is an adult, the test can be done with his consent.
If the father does not have full custody of the child, but is allowed visitation rights, he might be able to perform a DNA test on his own authority. He should consult his attorney to determine if this is possible. Here is the text that he will be required to sign on the behalf of the child at the appointment:
I authorize DNAForce, or its agents, suppliers or subcontractors to collect biological specimens and perform DNA testing with my specimen, or that of the minor or incapacitated individual(s) or individual for whom I have the legal responsibility named on this form.
If this test involves a person who is a minor or who is otherwise legally incapable of consenting or deceased, I attest that I have the legal authority to consent to testing and assume all legal responsibility. If this test involves a deceased person I further attest that I am the succession of this person.
The consenting adult is usually the person himself/herself if older than 18 years of age. However, for a minor, a person not legally responsible or a deceased person, it is their legal representative that must sign. I confirm that I have signed this form on the same day as the collection, that I have verified the information on this page and that it is true to the best of my knowledge.
Ask the mother if she is willing to do a paternity test with the child. If she is willing, there is no need to file a paternity request in court. Ideally, pursue the paternity test without having to file a lawsuit to request a paternity test. This will save you time and money.
If the mother refuses, find out your rights. However, please note that the judge is not obligated to order a paternity and will only do so if you and your lawyer present sufficient evidence that you might be the father.
Filing a lawsuit and have a judge order a paternity test would be the next step. Hire a lawyer and ask him about the law in your province or state.
Once you obtain a court order, show up of the hearing. Your lawyer will argue your case.
It is easier when you do not need the results to be admissible in court.
If you order a home DNA collection kit then return the samples by mail to our facility, the test can be done using the father's signature alone. The results will not be admissible in court, but they will still be just as accurate and will give you the correct answer.
Warning: If a legal paternity test that you bring in court confirms that you are the father, you may be liable for child support from the birth of the child to his 18th birthday. You are not guaranteed to receive visitation rights. This will be a separate court order.
DNAForce also offers standard paternity test that cannot be used in court. They are useful for your own personal curiosity.
Place note that this article is the author’s opinion and is not legal advise. Always hire an attorney for cases like these.