I'm 16 years old and 16 weeks pregnant. I live in California and I'll be 17 in August but someone made a false report saying that my baby's father was over 18. I was wondering if at any time I go to my OB and the do ultrasounds and other testing's can they take my unborn child's DNA without my knowledge or without my consent for police? Like can the police tell them to do it without my knowledge? Also, after my child is born and I take him/her to the doctors can they take my baby's DNA WITHOUT MY CONSENT? Like the doctors if ordered by police. If so how, how soon? I think they can take it after my baby's birth without my consent but can they take it without me knowing?
They should not be taking a sample for DNA testing without your knowledge. It is unlikely anyone will act on the word of a third party as to who the father of the baby is. You would have to confirm the person alleged to be the father is also the person you believe to be the father of your baby.
Your consent is not needed in a criminal investigation. If they have a court order, they can obtain what they want. Perhaps even your parents can consent with you being a minor. But odds are you are just freaking out for no reason. They will approach you first in most cases. This sort of thing is not a very high priority for the police, especially if you and your parents are not pushing it. And where a simple driver's license check, or other inquiry, about the father will prove the allegation true or not.
Relax! You have enough things to be worried about right now and the police prosecuting your baby's daddy is not one of them.
This is a criminal defense issue, not a family law issue.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
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