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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Can a Putative Father Have a Paternity Test Performed Without the Mothers Knowledge

    My question involves paternity law for the State of: Florida

    My husband and I got pregnant in 2008 and had our son April 2009. We have since then separated and I found out that his mother and he did a DNA test while I was still in the hospital without my knowledge. Of course it came back positive he was the father, but is it legal that they did this without my knowledge? No one, not even the nurses, told me they did this...

    I was told when it came time to fill out the birth certificate that the nurse in charge was not there so I would have to fill out the papers at home and send them in myself. Since he has been gone my sister-in-law told me about the conversation she had with his mother where she told her all of this. She didnt say anything as I had just had the baby and she didnt want to upset me.

    What are my legal rights? Was this legal? I still have not filled out the paper work for the birth certificate for either of our children.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Putative Father Have a Paternity Test Performed Without the Mothers Knowled

    Given that you were married at the time of the birth, your husband was already the presumed legal father. Yes, he had the right to do a paternity test without your knowledge.

    Was it sneaky and deceitful? Possibly.

    But would you have preferred that he asked you outright?

    In any case, what are you wanting to accomplish?

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