Practical Solutions, Personal Service
Photo of Lisa L. Johnson

Can the mother of your child stop a genetic test for paternity?

On Behalf of | Dec 7, 2020 | Father's rights & paternity

When you and the mother of your child found out that she was pregnant, you may have both been excited and joyful about this new addition to your relationship. Sadly, pregnancy lasts a long time, and things between the two of you may have changed before you welcomed your child.

If your relationship soured as it ended, your ex may have chosen not to allow you to be present for the birth of your child and might not have named you on the birth certificate. If she’s still hostile toward you, can she also prevent you from getting a genetic test that would establish you as the father and give you all of the rights that come with paternity?

The courts can compel a mother to cooperate with genetic testing

In a perfect world, parents would always put the needs of their children ahead of their own emotional preferences. Unfortunately, many parents, especially those whose relationship ended during the pregnancy, may put their own wishes ahead of their child’s needs.

A mother deciding to prevent a father from visitation by keeping him off the birth certificate not only harms the father but also the child who needs a relationship with both parents. While you can’t require the mother of your child to allow you to attend the birth or to put your name on the birth certificate voluntarily, you can file a paternity claim with the courts.

The family courts can legally compel her to present the child for genetic testing. If you need legal assistance to prove your paternity and seek custody, the sooner you start the process, the sooner you will have evidence that you are the father of your child.