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Can the state force me to take a paternity test?

Portland, OR |

About 5 years ago is was seeing someone who became pregnant. After several trips to the doctor we were given her due date. The timing did not seem right, she told me it was not mine and that she knew who's it was. I ended the relationship, some time after that she married that supposed father. Not sure if it was before or after the baby was born. They are now divorced and he has proof that he is not the biological father and is petitioning to have his name removed from the birth certificate. If the request is granted, can the state come after me and force me to take a paternity test?

Attorney Answers 2

Posted

Yes, they can.

My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com

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Posted

The court can absolutely force someone to take a blood test if that person is alleged to be the father of a child. See ORS 109.252. If a person ordered to take a blood test refuses, the court can automatically resolve the case as though that person *is* the parent.

Troy Pickard
Portland Defender
1001 Southwest 5th Avenue #1100
Portland, OR 97204
(503) 592-0606
www.portlanddefender.com

AVVO 10.0/10.0 perfect rating
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