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Is it legal to test a child for paternity when the father is deceased and the mother never gave consent?

Riverside, CA |

John and I were together, he left me for another woman for a brief time then we got back together. I found out I was pregnant and he knew there was a chance the child wasnt his but he didnt care. he died when I was five months pregnant. His family never questioned her parentage, they were preseent at ther birth and his mother was the first to hold her. They have had constant contact with her. His mother gave a sworn statement to social security that the child was her sons. Now 5 years later they had her DNA tested while on a visit and she is not his child. I was never asked, I never gave consent. Was this Legal?? I will notify social security immediately and let them know, But what legal recourse do I have about them testing her without my knowledge or consent?

Attorney Answers 1


Do not notify social security about anything. John is still her father unless and until a court determines otherwise.

You have no claim against them for testing. Testing is not illegal and she was not physically hurt by the testing.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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