FAQ: Can Someone Refuse to Paternity Testing?

 Posted on January 24, 2019 in Family Law

If you need to identify the biological father of a child, the best avenue is through a DNA paternity test. This form of testing is unanimously accepted by courts across the country. However, what happens if someone is refusing paternity testing? It happens all the time, either the mother refuses to allow a potential father to take the test, or the father refuses to participate. Can someone legally refuse paternity testing?

Who Can Request a DNA Test?

If someone has made a request that you take or allow your child to participate in paternity testing, you are under no obligation to comply as long as it is the entity themselves making the request. However, in doing so, remember that the requesting party may seek legal aid or utilize the resources at the Department of Healthcare and Family Services (DHFS). Even if DHFS becomes involved, you are under no obligation to submit.

Can I Refuse a Court Order?

If you refused to comply with paternity testing requests at both the personal and the DHFS level, the requesting party can pursue legal action and have the court order your participation. Once the court issues an order for your cooperation, you must comply. Refusal at this level is in direct violation of a court order, and you become susceptible to harsh punishment.

The Test Results

If the test results come back indicating there is a match, presumed paternity becomes established. If you have not already done so, it is advisable to seek legal counsel because, at this point, the father has a legitimate claim to the child in question and also becomes financially responsible for their well-being.

Benefits of Establishing Paternity

Although establishing paternity can be stressful if one parent is not ready to accept that connection, it is often beneficial to both the mother and the father, yet it can be especially advantageous to the child in question. The mother and child become eligible for financial benefits, and the father can request parenting time with the child.

Ask a DuPage County Family Law Attorney

If someone requests that you submit to a court order, it is in your best interest to retain legal counsel as soon as possible. Although your refusal to initial requests is allowed, there is a high likelihood of the opposition requesting a court order to force your participation. Let an experienced Hinsdale paternity lawyer guide you through the process. The attorneys at the Law Office of Martoccio & Martoccio understand the gravity of your situation and will defend not only your rights but also the rights of your child. Find out how we can help. Schedule your free initial consultation with our office today by calling 630-920-8855.

Sources:

https://dnacenter.com/blog/denied-can-someone-refuse-a-paternity-test/

https://dnatesting.com/legal-refuse-paternity-test/