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Why Can't You Compel a Biological Father to Take a Paternity Test

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  • 02-21-2017, 12:03 PM
    lawfacts
    Why Can't You Compel a Biological Father to Take a Paternity Test
    A woman had an affair during her marriage, and she wants to require the biological father to take a paternity test. However, her husband is on the child's birth certificate as the child's legal father, and she does not want that to change. Why can't she get a court order requiring that the biological father take a paternity test without giving him any rights as a parent?
  • 02-27-2017, 08:48 PM
    Mr. Knowitall
    Re: Why Can't You Compel a Biological Father to Take a Paternity Test
    The law requires that a paternity action be about establishing legal paternity -- it's not a place to get DNA tests that you then ask the court to ignore.

    If the mother wants a DNA test without bringing an action that could vest the putative father with parental rights, she will need to get him to voluntarily take the test.
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