Getting a Paternity Test Before Birth

I have a similar situation...

Do I have to wait for the baby to be born to file a motion to have a paternity test done? Can the test take place before the child is born?

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Quoting Coldiron85

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I have a similar situation...

Do I have to wait for the baby to be born to file a motion to have a paternity test done? Can the test take place before the child is born?

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(It would be better for you to start your own thread on the subject)


But basically, there is virtually no chance of a court ordering a prenatal paternity test.

Why does it have to be done so quickly?

The faster it is completed the less I have to communicate with the mother. If the child is mine, I will do what I can.. I would like to be prepared to the best of my ability if I am the father... I suppose I will continue as if I was and if I am not.. I will have receipt.. Is there anything that I should be doing to prevent lossing my rights in the event the child is mine?

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Quoting Coldiron85

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The faster it is completed the less I have to communicate with the mother. If the child is mine, I will do what I can.. I would like to be prepared to the best of my ability if I am the father... I suppose I will continue as if I was and if I am not.. I will have receipt.. Is there anything that I should be doing to prevent lossing my rights in the event the child is mine?

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Are we to assume that you're also in Illinois?

If you are, register at the Illinois Putative Father Registry. This is a program which can notify you in the event that Mom tries to pull a fast one and has the child adopted without your consent or notification.

Other than that, you have no rights whatsoever until the child is actually born. Once that happens you can file to establish paternity, custody/visitation and child support.

And seriously?

You need to communicate with Mom. You may be co-parenting with her for the next 18 years.

I have been registered with the IPFR since she first threatened me by putting the child up for adoption. I do no know if I have the most up to date information......like current address, as she moves around often. I have done everything in my power to remain in contact with the mother. I provided her schedule and I attempt to call at the times she indicated daily. She is doing everything possible to assure that I am not involved, often answering the phone to tell me she is to busy to talk at the time. She refuses to talk about parenting decisions with me, and even refuses to tell me the sex of the baby. I told her in the begining that I would like to be involved through the entire process. She kicked me out of the 2nd doctors appointment. I feel lost

This should have its own thread with the situation start to finish...

In Illinois, you do not need to wait until the child is born to file a paternity action.

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Quoting 750 ILCS 45/7(a). Determination of Father and Child Relationship; Who May Bring Action; Parties.

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(a) An action to determine the existence of the father and child relationship, whether or not such a relationship is already presumed under Section 5 of this Act, may be brought by the child; the mother; a pregnant woman; any person or public agency who has custody of, or is providing or has provided financial support to, the child; the Department of Healthcare and Family Services if it is providing or has provided financial support to the child or if it is assisting with child support collection services; or a man presumed or alleging himself to be the father of the child or expected child. The complaint shall be verified and shall name the person or persons alleged to be the father of the child.

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Pursuant to subsection (e) of the statute, all proceedings in the case "shall be stayed until after the birth, except for service or process, the taking of depositions to perpetuate testimony, and the ordering of blood tests under appropriate circumstances."

Cold, Mom is under no obligation whatsoever to give you any information at all about the pregnancy.

She doesn't have to tell you the sex of the child, appointment information or anything at all.

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Quoting aaron

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In Illinois, you do not need to wait until the child is born to file a paternity action.
Pursuant to subsection (e) of the statute, all proceedings in the case "shall be stayed until after the birth, except for service or process, the taking of depositions to perpetuate testimony, and the ordering of blood tests under appropriate circumstances."

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Such an action though - to reiterate - will not be adjudicated until after the child is born.

Thank you both for the information.. I am going to the court house to day to file a motion to establish paternity. Your help has really brought some light on the situation. I will continue to post throughout the court proceedings.. Perhaps my situation will be able to help others also.

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Quoting Coldiron85

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Thank you both for the information.. I am going to the court house to day to file a motion to establish paternity. Your help has really brought some light on the situation. I will continue to post throughout the court proceedings.. Perhaps my situation will be able to help others also.

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I had court today for a restraining order from the mother. She asked to have it extended and amended to include "her" Son T*******. I had filed the order of paternity the day he was born... (which was unknown to me at the time) The clerks office almost prevented me from filling because the i did not have the childs name. I presented them the law you gave me ( Thanks Guys!) and the supervisor filed it. It was present to her in court and the order of protection was extended to June 2nd... I will try to post then.

FYI I stopped making any contact with the mother once i was present with the order.

How are things going? Have you retained counsel?