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  1. #1
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    Apr 2010
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    Default Forcing In-Utero Paternity Testing

    My question involves paternity law for the State of: Virginia

    My wife recently informed me that she has been having an affair and she is now pregnant and doesn't know if I am the father or the other man is the father.

    I'm not sure that I still want to be married to her, but I don't want to make any decisions until I know if the child is mine or not. I have read that paternity testing can be performed in utero after the 10th week of preganacy (she is in her 8th week now). Does Virginia law allow me the ability to force her to have an in utero paternity test?

    Thanks!

  2. #2
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    Default Re: Forcing In-Utero Paternity Testing

    Does Virginia law allow me the ability to force her to have an in utero paternity test?
    No. She's your wife, not your property.

    No state in the Union gives you the right to force a risky and invasive procedure on anyone.

  3. #3
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    Default Re: Forcing In-Utero Paternity Testing

    Quote Quoting LawResearcherMissy
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    No. She's your wife, not your property.

    No state in the Union gives you the right to force a risky and invasive procedure on anyone.

    Is it possible that a court would compel her to have the test done?

    My research indicates that a chorionic villus sampling (CVS) test is regarded as a safe procedure and is often performed to determine if certain developmental issues are present, like Down Syndrome.

  4. #4
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    Exclamation Re: Forcing In-Utero Paternity Testing

    But your not asking for the test to check for a something like Down's - to get counseling and a different level of prenatal care. You just want to know who's the daddy. That can easily wait until the child is born.

  5. #5
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    Default Re: Forcing In-Utero Paternity Testing

    Quote Quoting Schnervel
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    Is it possible that a court would compel her to have the test done?

    My research indicates that a chorionic villus sampling (CVS) test is regarded as a safe procedure and is often performed to determine if certain developmental issues are present, like Down Syndrome.


    Without her permission, it's not happening.

    Period.

    Even if.

  6. #6

    Default Re: Forcing In-Utero Paternity Testing

    And the question might be... why would you want this done now? This is a BABY, are you really willing to risk a child's life instead of waiting a few months?

  7. #7
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    Default Re: Forcing In-Utero Paternity Testing

    The question is moot at this point anyway; a divorce will not be granted before the child is actually born and OP will be presumed to be the legal father; he'll have to go through disestablishment of paternity either way, assuming DNA comes back negative. So it's not as if knowing beforehand is going to change anything.

  8. #8
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    Default Re: Forcing In-Utero Paternity Testing

    Is it possible that a court would compel her to have the test done?
    What part of "No state in the Union gives you the right to force a risky and invasive procedure on anyone." is beyond your comprehension?

    No, the court will not even consider hearing such a case, and the judge would thoroughly (and deservedly) dress you down for attempting such.

    We have this thing called "bodily autonomy". Her body is hers, NOT YOURS, and you don't get to force any sort of medical anything upon her.

    Quote Quoting 525601minutes
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    But your not asking for the test to check for a something like Down's
    ...and even if he was, the answer would still be No. If Mama says "You are not sticking a nine inch needle through my abdomen and uterine wall, and sod off if you think you can make me let you", that's the end of it.

  9. #9
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    Apr 2010
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    Default Re: Forcing In-Utero Paternity Testing

    Quote Quoting LawResearcherMissy
    View Post
    What part of "No state in the Union gives you the right to force a risky and invasive procedure on anyone." is beyond your comprehension?

    No, the court will not even consider hearing such a case, and the judge would thoroughly (and deservedly) dress you down for attempting such.

    We have this thing called "bodily autonomy". Her body is hers, NOT YOURS, and you don't get to force any sort of medical anything upon her.



    ...and even if he was, the answer would still be No. If Mama says "You are not sticking a nine inch needle through my abdomen and uterine wall, and sod off if you think you can make me let you", that's the end of it.

    I guess breach of contract (marriage) means nothing to the court. Why is it that the court system favors women even when they are the ones in the wrong? Perhaps this is a rhetorical question but it still sucks that after 10.5 years of marriage that there will be no consequences for her for committing adultry.

  10. #10

    Default Re: Forcing In-Utero Paternity Testing

    If you live in a no fault state, that's the way it is. Irreconcilable differences would cover adultery, and allow for you to be divorced. It hurts, yup, understood.

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