Are Paternity Tests Mandatory? Exploring the Legal Framework

A paternity test is the only way to establish if you’re the biological parent of a child with 99.9% certainty. The question is, if you want to find out if you’re the biological parent of your child, can you legally take a mandatory paternity test?

In this article, we’ll discuss the circumstances that could be considered for a mandatory paternity test. Let’s get down to it.

When Are Paternity Tests Mandatory? Legal Insights

In most states, paternity tests are not mandatory to confirm the parents of a child. Instead, there is a presumption of paternity if the couples are married or living together.

However, there is a legal loophole around it — if you’re the presumed father, you don’t need the knowledge or consent of the mother to take a paternity test. There is a catch though; the results of a paternity test that is done using a home kit is not admissible in court.

If you want a mandatory paternity test, it must be ordered by the court. This usually happen in cases where there is a dispute of who is the biological father of the child.

Legal Disputes That Require Mandatory Paternity Testing

Mandatory DNA paternity tests are often ordered by courts to solve the following legal disputes:

Child Support

In most juridictions, a court will order a mandatory paternity test to establish the biological father of the child before he is required to pay child support. However, this only happens if the possible father has raised an objection that he’s not related to the child. For instance, if a presumed father takes a secret paternity test using a home kit that establishes he’s not the biological father, he can ask the court to order a mandatory paternity test in a child support case.

But in some circumstances, the courts may decline to order mandatory paternity test in a child support case. This often happens when the time period to contest the paternity of a child in court has expired, and the possible father was supporting the child.

For example, if the assumed father does not initially object he will pay child support, but he later disputes that he’s not related to the child after the statute of limitations for paternity fraud has expired, the court could refuse to order a mandatory paternity test.

Child Custody

If you want child custody, but the mother claims you’re not the biological father, a magistrate or a judge could order for a mandatory paternity test. However, the court will only order a mandatory paternity test if you had a sexual relationship with the mother and you have valid reasons to conclude you could be the biological father.

However, it’s possible for a court to deny a DNA paternity test when seeking custody if it’s not in the best interest of a child.

Inheritance

In succession disputes, the courts have the authority to order mandatory paternity test to establish the biological children of the deceased. Similarly, a will could be written with a clause that says every descendant of the deceased must take a paternity test before acquiring a share of the inheritance.

Conclusion

Under normal circumstances, a paternity test is not mandatory. However, if there is a legal dispute that involves child support, child custody or inheritance and the paternity of the child is in doubt, the law relies on mandatory DNA paternity test to make a judgement.