Paternity testing allows unmarried fathers and married men in difficult situations to verify their relationships with their children. Modern paternity testing has a high accuracy rate, making it a reliable means of validating parentage.
Fathers often request paternity testing as a means of establishing their legal relationship with a child and securing shared custody. Best practices require that both parents and the child submit samples for the most accurate results.
In some cases, the mothers of children may not want to acknowledge the fathers of their children. Can they refuse to submit themselves and/or their child for genetic testing in such cases?
The courts can order testing
Some paternity testing occurs through mutual agreement between presumptive parents. They may work together to verify the genetic heritage of a child. When the request for paternity testing comes from a father, the mother can theoretically decline.
However, if he goes to court and requests genetic testing, then the courts can order a test to confirm a man’s parental relationship with the child. In that scenario, the mother cannot typically decline the request for the genetic test.
The courts can mandate testing, regardless of a parent’s personal objections. Provided that testing occurs after the birth of a child, sample collection is a non-invasive procedure that has almost no medical risk, as the process involves a cheek swab in most cases.
Going to court to request genetic testing is often the most effective means of establishing paternity when a mother does not want to acknowledge a father. Men hoping to establish paternity may need insight into the law and guidance as they navigate the court system.