There are two main ways to establish legal paternity. The first is through cooperation with the mother of a child. Parents can fill out voluntary acknowledgments together that legally establish a man’s relationship with his child.
In cases where the parents cannot cooperate, going to court may be necessary. Either parent can potentially ask the courts to order paternity testing. Men who want parenting time and other parental rights may ask the courts to help them establish paternity.
The court can order genetic testing that provides near absolute certainty about the genetic relationship between a man and a child. Can the mother of a child refuse court requests for genetic testing?
Paternity testing is non-invasive
There are situations in which it might be reasonable for a mother to refuse a request for paternity testing. If a man disputes his relationship with a child while she is pregnant, for example, she could reasonably decline prenatal paternity testing. It is an invasive process that carries a small but noteworthy degree of risk.
However, standard paternity testing performed after the birth of a child is completely non-invasive. There isn’t even a need to draw blood. Labs can gather tissue with a cheek swab that can clarify the genetic relationship between a man and a child.
Given that there is no risk, mothers usually do not have any viable reason to refuse paternity testing requests from the state. While they may resent the need to acknowledge the father of the child or may plan to fight requests for shared custody, mothers typically do not have any legal standing to prevent the genetic testing required to establish paternity.
There may be exceptions for highly unusual circumstances involving a history of domestic violence or malicious litigation. In most cases, however, mothers risk being in contempt of court if they refuse to allow their children to undergo non-invasive genetic testing for paternity purposes. They must go through an accredited lab, as the courts don’t recognize home tests.
Fathers who want to develop a relationship with their children often need the state to acknowledge them if they want to assert their rights. Learning more about the rules that govern paternity testing can help men take the steps necessary to make use of their parental rights.
