Tag Archives: Illinois paternity laws

IL divorce lawyerIf 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.

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