Does my daughter have to agree to a paternity test? 13 Answers as of January 24, 2014

My daughter is 17 and is 5 months pregnant. She is due in May of this year. My question is does she have to agree to a paternity test? The supposed father of the child has denied from the beginning that he is the father. He said he didn’t think he could have kids due to chemo making him sterile. Now he says after the baby is born he wants a paternity test and my daughter has said no. He has not participated at all in this pregnancy. What should we do? She wants nothing from him at all and has not asked anything from him.

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Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
She does not have to agree at this time, however if the purported father files a petition to establish paternity, the court can and will order her to comply with a DNA test. I would suggest consulting an attorney for more information.
Answer Applies to: Arizona
Replied: 1/24/2014
John Russo | John Russo
What does the fact that she or you have not asked for anything have to do with whether or not he is the legal father, mothers do not have some form of right over a child to the exclusion of the father, I see nothing in your question that makes him any less fit then your daughter to parent this child.
Answer Applies to: Rhode Island
Replied: 1/22/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
She does not have to agree to a paternity test, unless he sues for paternity and the court orders paternity testing.
Answer Applies to: Texas
Replied: 1/22/2014
Ms. Cheryl Osterberg | Cheryl Osterberg
He can file a suit to adjudicate paternity and the court will order a DNA test.
Answer Applies to: Texas
Replied: 1/22/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
The paternity test will; be ordered by court.
Answer Applies to: Georgia
Replied: 1/22/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Yes he can have a court order a paternity test. If he is the father then he has paternal rights to the child. He also will have the legal obligation to support the child and will have the right to visitation.
    Answer Applies to: Virginia
    Replied: 1/22/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The father has rights (parenting time and input) and obligations (support). It is not really up to her and she can be forced to cooperate with DNA testing.
    Answer Applies to: Michigan
    Replied: 1/22/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    If the presumed father wants a paternity test he can get one.
    Answer Applies to: Pennsylvania
    Replied: 1/22/2014
    T.D. Stevens & Associates PLLC
    T.D. Stevens & Associates PLLC | TD Stevens
    If he files a paternity suit and the Judge orders a paternity test, then she would be obligated to take the test. Without a court order she is not obligated.
    Answer Applies to: Texas
    Replied: 1/22/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If he goes to court to determine paternity, she will have to have the baby tested. Of course, if he does that and he is the father, then he will have to pay child support.
    Answer Applies to: Idaho
    Replied: 1/22/2014
    Diane l. Berger | Diane L. Berger
    She does not have to voluntarily agree to a paternity test but the court will certainly order one if the potential father requests it.
    Answer Applies to: Nebraska
    Replied: 1/22/2014
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    She does not have to do one voluntarily, but he can institute a Paternity action after the child is born and the Court will order her to cooperate. Also, if she receives any public benefits at all (Medicaid for the child, food stamps, ADC, etc.), the State can also file a paternity action to establish child support and she will be required to cooperate. The child and father have a constitutional right to a relationship with each other. If she has concerns about the father's involvement, visit with an attorney about her options.
    Answer Applies to: Nebraska
    Replied: 1/22/2014
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, if he thinks the child is his and wants to be involved with the child, he does have the same rights as every other parent of a child. He can bring an action to establish paternity and for custody / visitation rights with the child. You should consult a local attorney as soon as possible regarding this matter. I do hereby clearly advise against any reliance on the information as advice or application of it to a specific situation without a more thorough consultation with counsel.
    Answer Applies to: South Carolina
    Replied: 1/22/2014
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