Can a paternity test be ordered after paternity was awknowledged

[NeedhelpinPA]

I'm here in hopes to find out wheither or not a paternity test can be ordered after an awknowledgment was signed. You see, my x and i were/are not married when my daughter was born...she is currently 7months now...getting him to help me financially has been like pulling teeth...i finally came to the conculsion that it would be best to just let the court decide on the support since i have no luck with talking to him about it...when i stated this to him...he was furious and said that he would have a paternity test done....well you see, he signed an awknowledgment of paternity that she is his not only once but twice...once when she was born...which got lost somewhere between the hospital and the place where it is filed...and two months later another one...i told him not to sign it if he doubted she was his...and he said no she is mine...and it was filed...so now that i want him to take responsibility for her since he wants all the rights...its another story...and he wants a paternity test...can the court order one?

[aaron]

His ability to dispute paternity will vary by state. But if he is the father, all a DNA test will do is confirm it.

[NeedhelpinPA]

I understand it varies from state to state...and i understand all it will do is confirm paternity...but, he manipultes everyone including myself...and i dont feel at this point i shouldnt have to allow him to have a paternity test done...im tired of his crap...it always has to be his way...and for once i would just like someone else say...look this is how it's going to be...i know that is probably wrong...but i have been through alot with him in the last 5 yrs...and he threatened me if i took him to court it would be over between us...but, the issue at hand is not him...nor myself...it's my daughter and she needs to be supported and taken care of...and i want to know if the court would order a paternity test if he wants it (we are in PA)

[aaron]

There is an unofficial version of the governing statutes available online, which indicates that it is difficult for a father to dispute an acknowledgement of paternity:

§ 5103. Acknowledgment and claim of paternity.

(a) Acknowledgment of paternity. -- The father of a child born to an unmarried woman may file with the Department of Public Welfare, on forms prescribed by subsection (c), an acknowledgment of paternity of the child which shall include the consent of the mother of the child, supported by her affidavit. In such case, the father shall have all the rights and duties as to the child which he would have had if he had been married to the mother at the time of the birth of the child, and the child shall have all the rights and duties as to the father which the child would have had if the father had been married to the mother at the time of birth.

(b) Claim of paternity. -- If the mother of the child fails or refuses to join in the acknowledgment of paternity provided for in subsection (a), the Department of Public Welfare shall index it as a claim of paternity. The filing and indexing of a claim of paternity shall not confer upon the putative father any rights as to the child except that the putative father shall be entitled to notice of any proceeding brought to terminate any parental rights as to the child.

(c) Duty of hospital or birthing center. -- Upon the birth of a child to an unmarried woman, an agent of the hospital or birthing center where the birth occurred shall:

Provide the newborn's birth parents with an opportunity to complete an affidavit acknowledging paternity. The completed, signed and notarized affidavit shall be sent to the Department of Public Welfare. A copy shall be given to each of the birth parents. This affidavit shall contain:

(i) A sworn, signed statement by the birth mother consenting to the assertion of paternity.

(ii) A signed, notarized statement by the birth father acknowledging his paternity.

(iii) A written explanation of the parental duties and parental rights which arise from signing such a statement.

(iv) The Social Security numbers and addresses of both birth parents.
Provide written information, furnished by the Department of Public Welfare to the birth mother, which explains the benefits of having the child's paternity established, the availability of paternity establishment services and the availability of child support enforcement agencies.

(d) Conclusive evidence. -- An acknowledgment of paternity shall constitute conclusive evidence of paternity in any action to establish support. An acknowledgment of paternity may be set aside by the court only upon clear and convincing evidence that the defendant was unaware of the fact that he was acknowledging paternity when the acknowledgment was signed.

(e) Transfer. -- The Department of Health shall transfer to the Department of Public Welfare all acknowledgments or claims of paternity filed with the Department of Health under prior statutes.

(f) Certifications. -- The Department of Public Welfare shall provide necessary certifications under Part III (relating to adoption) as to whether any acknowledgment or claim of paternity has been filed in regard to any child who is a prospective adoptive child.

§ 5104. Blood tests to determine paternity.

(a) Short title of section. -- This section shall be known and may be cited as the Uniform Act on Blood Tests to Determine Paternity.

(b) Scope of section. --

Civil matters. -- This section shall apply to all civil matters.
Criminal proceedings.--This section shall apply to all criminal proceedings subject to the following limitations and provisions:

(i) An order for the tests shall be made only upon application of a party or on the initiative of the court.

(ii) The compensation of the experts shall be paid by the party requesting the blood test or by the county, as the court shall direct.

(iii) The court may direct a verdict of acquittal upon the conclusions of all the experts under subsection (f). Otherwise, the case shall be submitted for determination upon all the evidence.

(iv) The refusal of a defendant to submit to the tests may not be used in evidence against the defendant.

(c) Authority for test. -- In any matter subject to this section in which paternity, parentage or identity of a child is a relevant fact, the court, upon its own initiative or upon suggestion made by or on behalf of any person whose blood is involved, may or, upon motion of any party to the action made at a time so as not to delay the proceedings unduly, shall order the mother, child and alleged father to submit to blood tests. If any party refuses to submit to the tests, the court may resolve the question of paternity, parentage or identity of a child against the party or enforce its order if the rights of others and the interests of justice so require.

(d) Selection of experts. -- The tests shall be made by experts qualified as examiners of blood types, who shall be appointed by the court. The experts shall be called by the court as witnesses to testify to their findings and shall be subject to cross-examination by the parties. Any party or person at whose suggestion the tests have been ordered may demand that other experts qualified as examiners of blood types perform independent tests under order of court, the results of which may be offered in evidence. The number and qualifications of experts shall be determined by the court.

(e) Compensation of experts. -- The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. Subject to general rules, the court may order that it be paid by the parties in such proportions and at such times as it shall prescribe or that the proportion of any party be paid by the county and that, after payment by the parties or the county, or both, all or part or none of it be taxed as costs in the action. Subject to general rules, the fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him, but shall not be taxed as costs in the action.

(f) Effect of test results. -- If the court finds that the conclusions of all the experts as disclosed by the evidence based upon the tests are that the alleged father is not the father of the child, the question of paternity, parentage or identity of a child shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence.

(g) Effect on presumption of legitimacy. -- The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts as disclosed by the evidence based upon the tests show that the husband is not the father of the child.

Still, if you're going to end up in a support and custody dispute with this person, and he is the biological father, you have to ask yourself if this is a fight worth having.

[NeedhelpinPA]

It's not a fight i want in this matter...and no none of it is worth it in my opinion...i am just sick of his threats of him taking me to court for custody and breaking off our relationship to keep him from paying for his child....i just feel that he treats his daughter like she is his when it is convient for him...and children are not suppose to be treated like that....he is not the one who stays up at night when she is sick and still has to work the next day...he is not the one who pays for her doctors bills...or buys her clothes...all of the responsibility is pushed off on me...and sad to say i let it...because i love him...i let him manipulate me in fear that i will end up raising my daughter on my own and lose him....thats not right....that doesnt make me a very good mother...i just want him to be a part of her life...and help...i dont think that is too much to ask...after all he is her dad...and children need both parents...im just tired of him getting his way...i guess i feel that if the court allows him to dispute the paternity, and its just another form of manipulation on his part...every day its like this with him...when she was born i wanted a test done at birth...so i could avoid all this later...i think its wrong on his part...and i am glad my daughter is too young to know whats going on...for him to say now...he wants a test to prove it...i wonder how she would feel if she knew what he was doing...i have been so upset about all this...and i dont know what to do

[rmet4nzkx]

Your relationship is over. File for child support and let him worry about whether or not he asks for a DNA test, that is his right to ask and the court will decide form there, if the child is his, why should you worry if you have the DNA test? Don't be surprized if he also files for custody and visitaiton and you won't be able to stop that or control what he does on his time and you still won't have a relationship with him. Both of you should be ashamed of your selves making this child a pawn.

If there is a chance this is not his child, then you better contact the other man and possible have a private DNA test done before you are forced to by the court.

[NeedhelpinPA]

I don't try to make my child a pawn...he has used threats against me concerning her about two months after she was born...you are right when u say i dont have a relationship with him...because if i had one he wouldnt be doing this...right...and i have allowed him to use my fears against me to govern my decisions...and i shouldnt have....im not affraid he would get visitation...honestly i never said he couldnt have her at any time he wanted...i have even gone out of my way to make sure he had time with her...and u are right about the paternity test thing...i should just let the court do what they will...it just makes me mad to think he could be that way he is only doing it to hurt me, to make it sound like i sleep around...and yes that really pisses me off...i am not worried about the results....he is the father with out a doubt...i guess the only thing to do is just file and let the pieces fall where they may...

[rmet4nzkx]

I don't try to make my child a pawn...he has used threats against me concerning her about two months after she was born...you are right when u say i dont have a relationship with him...because if i had one he wouldnt be doing this...right...and i have allowed him to use my fears against me to govern my decisions...and i shouldnt have....im not affraid he would get visitation...honestly i never said he couldnt have her at any time he wanted...i have even gone out of my way to make sure he had time with her...and u are right about the paternity test thing...i should just let the court do what they will...it just makes me mad to think he could be that way he is only doing it to hurt me, to make it sound like i sleep around...and yes that really pisses me off...i am not worried about the results....he is the father with out a doubt...i guess the only thing to do is just file and let the pieces fall where they may...

The minute you stated that he made an issue of your continued relationship, you bought that into the game and your child became a pawn by mutual consent. By ignoring that ploy, since you know in your hear of hearts that your relationship is over and do what is in your child's best interest, getting child support, you break the cycle. Don't let him pull your strings. If you know the child is his, make it clear that you are willing to submit your child for DNA test should the putative father request, of course, at his expense. If he signed an AOP the court could hold him responsible for back child support, but most often from the date of the petition for child support.

While I understand that you claim to have tried to make the child available for visitation, I have a feeling that you may have also done that in order to continue the relationship.

[NeedhelpinPA]

I understand what u have said about making my child a pawn by mutual concent...it was not an intentional thing on my part...despite what you belive about me making my child available to him in order to continue the relationship...that i did not do...i honestly didnt want to see him while he visited with my daughter...you see, he wouldnt come and pick her up unless i was here...i told him several times he could pick her up while i was working...he never did...he would only call on my days off...he doesnt have a drivers license (due to a DUI) so he used that as an excuse...that he didnt have a way here...and he comes to town to visit his other child 1-2 times a week...how convient..he can find a ride then...and that is what i meant i went out of my way...he lives 30mins away...and on my day off i would take her there and drop her off...not stay...he would do it to get me alone, then he would give me the line of how things would change...and suck me right back in...its not me who uses my daughter to continue things...and honestly i do love him...and this is not to hurt him...my daughter is just as much his...and i shouldnt be the only one taking care of her...whether we are together or not...despite my feelings she is the one who matters here...and i know i have allowed my feelings get in the way thats why i wanted anothers opinion...I understand my judgement is clouded by emotions...i just wish i could tell you the whole story...it would take days...then maybe you would understand