How do you go about getting a court ordered DNA test for a child if the father is unwilling to participate ?

Asked over 2 years ago - Ellenwood, GA

also how long would be a good time to wait after the baby is born ?

Attorney answers (3)

  1. Rachel Aliza Elovitz

    Contributor Level 15


    Lawyers agree

    Answered . You can file a petition to establish the paternity of your child before the birth of the child, but all proceedings will be stayed until after the birth except for service of process, discovery, and the taking of depositions. You may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests, but the motion must be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father. The court must grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is demonstrated.

    As for how soon a DNA test can be performed, my understanding (but I'm not a doctor so check with your OBGYN) is that testing can be done on newborn infants using umbilical cord blood in the delivery room – and cheek (buccal) swabs can be collected right after the delivery.

    This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.... more
  2. Glen Edward Ashman


    Contributor Level 20


    Lawyers agree

    Answered . Testing is possible right after birth.

    If your funds are limited, you can file a child support case with the state child support unit and they'll arrange testing. Or 30 days after birth you could swear out a criminal abandonment warrant for non-support, and testing also will get ordered.

    You can also, if you can afford it, hire counsel and sue for support. Again, the court can order tests.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Ikemesit Amajak Eyo

    Contributor Level 18


    Lawyer agrees

    Answered . To get a court-ordered DNA test you can file a Superior Court Paternity action or initiate a Child Support action. In either case, you can obtain determination as to paternity, and child support if it is proven that he is the father.

    There is no reason to wait. Once you're medically allowed to take the child out in public, you should proceed with verifying your child's paternity.

    Good luck and congrats on the new baby.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more

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