Court-ordered DNA test
Introduction
Can a Court-ordered DNA Test be ordered? Best Interest! The question of whether a court can order a DNA test if the mother or father refuses is one that is often asked. Read on!
Court-ordered DNA test: Legal Precedent
In some cases, courts have ordered DNA tests even when the mother has refused. In two cases in California and New York, for example, two fathers sought to establish paternity through genetic testing even though the mothers refused to consent to it. The courts ultimately ruled that it was in the best interest of both parties and their child for paternity to be established and ordered genetic testing over the objections.
These cases demonstrate that courts can sometimes order genetic testing even when one parent objects. However, these cases are not necessarily indicative of how all courts will rule in similar situations as each case is unique and must be decided on its own merits.
Court-ordered DNA test: State Laws
Some states have specific laws regarding when courts can order genetic tests over parental objections while other states do not have such laws or have more general laws regarding parental rights and responsibilities. It is important for those seeking to establish paternity through genetic testing to familiarize themselves with their state’s laws before proceeding with any legal action as this could affect their ability to obtain an order from the court over parental objections.
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