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Establishing Paternity from a Deceased Father

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  • 07-16-2013, 01:37 PM
    carlih2007
    Establishing Paternity from a Deceased Father
    My question involves paternity law for the State of: California
    My sons father died in 2008 before my son was born. For the last 4yrs I have been trying to collect his ssi benefits, but have been unsuccessful. I need a DNA test to prove he is the father, but his parents and siblings will not submit their DNA. How can I legally prove paternity?
  • 07-16-2013, 01:40 PM
    Antigone
    Re: Establishing Paternity from a Deceased Father
    Quote:

    Quoting carlih2007
    View Post
    My question involves paternity law for the State of: California
    My sons father died in 2008 before my son was born. For the last 4yrs I have been trying to collect his ssi benefits, but have been unsuccessful. I need a DNA test to prove he is the father, but his parents and siblings will not submit their DNA. How can I legally prove paternity?

    You cannot legally compel these people to submit to any form of testing. What did the representative at Social Security Administration say when you informed them of this situation?
  • 07-16-2013, 04:07 PM
    Mr. Knowitall
    Re: Establishing Paternity from a Deceased Father
    You need to track down DNA and get a court order for testing. If, for example, the decedent had tissue biopsied at a hospital there's a good chance that a specimen remains on file.
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