Can someone be forced to take a paternity test? 17 Answers as of June 26, 2013

Could my parents force my boyfriend to take a paternity test? I'm a minor, he is not. Or is it up to me whether or not he has to take one since since am the mother?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is unlikely that your parents can force your boyfriend to take a Paternity Test. Only if they are appointed your Guardian ad Litem, can they file a Motion in a Paternity case for an order requiring you to take a Paternity Test. Your boyfriend faces a risk of criminal prosecution for having sex with a minor, so even if he is ordered to take a Paternity Test, he won't go to jail for not taking the test - instead, the Family Law Court will find that he is the father... but that finding cannot be used in a criminal case against your boyfriend.
Answer Applies to: California
Replied: 11/28/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No, your parents may not force any person to take a paternity test. A Court may do so once a paternity case has been filed and, if there is no cooperation, may find the person in contempt and/or make inferences contrary to their legal position in the case.
Answer Applies to: Minnesota
Replied: 11/18/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
I don't think that your parents have any particular power to force a paternity test. However, the court does. If a paternity action is filed, the court can order paternity testing. Someone who refused to follow the order could be in contempt.
Answer Applies to: Washington
Replied: 11/18/2011
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Yes, the state can force your boyfriend to take a paternity test if you are getting any kind of services or for criminal proceedings if the State wants to pursue criminal charges for him having sex with a minor. It is likely your parents can go after him for child support for the baby (as you are a minor) and then the court will have him do a paternity test.
Answer Applies to: Wisconsin
Replied: 5/31/2013
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
Your parents certainly cannot force him. However, you can try to obtain a court order ordering him to take a DNA test to determine paternity.
Answer Applies to: Massachusetts
Replied: 11/18/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If they get a court order.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, a person can be ordered by a court of proper jurisdiction to submit to a paternity test. And, no, it will be up to a judge who is charged with reviewing the issue (if it should ever come before a court qualified to rule on the matter).
    Answer Applies to: Virginia
    Replied: 11/18/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    The court could order him to. There may be issues of statutory rape also. He should speak to a defense attorney.
    Answer Applies to: Arizona
    Replied: 11/18/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    No one can force a person to take a paternity test except for a judge. If you file for child support it is standard practice to prove paternity before ordering the father to pay child support.
    Answer Applies to: Alabama
    Replied: 11/18/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    In child support situations, a court will often force the purported dad to take a paternity test if he is challenging the claim that he is the dad. I don't think your parents can force someone to take a paternity test.
    Answer Applies to: Maryland
    Replied: 11/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you're a minor, they probably can. Depending on your age and his, he may be headed to prison.
    Answer Applies to: Georgia
    Replied: 11/18/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No, only the courts can force him to get a paternity test.
    Answer Applies to: Illinois
    Replied: 11/17/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes, through a court order.
    Answer Applies to: Massachusetts
    Replied: 5/31/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Neither you nor your parents can force anyone to take a paternity test. But, either you or your parents can ask a court to order the paternity test. Because you are a minor, your parents could start a paternity case on your behalf.
    Answer Applies to: Colorado
    Replied: 11/17/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Don't you need child support? Once you file, its up to him whether or not he contests paternity.
    Answer Applies to: Pennsylvania
    Replied: 6/26/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Great question. I would say you hold the privilege on that one. However, someone has to pay support.
    Answer Applies to: California
    Replied: 11/17/2011
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