Confirming Paternity Without A Court-Ordered DNA Test

Husbands are presumed to be the biological fathers of children born during marriages, while boyfriends are not, regardless of the duration of the relationship.

Whether you are her husband or her boyfriend, you may presume you are the father of her child or children. You may be absolutely confident. But every now and then, you may want to confirm that you are the father.

When is it Necessary to Confirm Paternity?

She knows she’s the mother, but you might have doubts about being the father due to her infidelity. In the past, your only option was a court-ordered DNA test. This is because older genetic testing methods require samples from both parents and the child.

If the mother was uncooperative, a court order was required to draw her blood to get the sample.

Today, genetic testing can be done with only the child and the father.

If you believe that you are the father of a child, you should act immediately to determine paternity. Circumstances in which a legal paternity test might be necessary include the following:

• You want to add your name to the child’s birth certificate.
• You want to include the child on your health insurance.
• You want to confirm the child’s inheritance rights.
• Child support obligations and parental rights need to be determined.
• The child needs access to Social Security or other forms of public assistance.
• The child was born outside of the United States, and you want to confirm their U.S. citizenship.

Disadvantages of Court-Ordered Paternity Tests

A court order for DNA testing has several disadvantages. One is that some mothers will deny parenting time until the results come back. This is usually done on the grounds that the child should not bond with a man who the testing may show is not the father.

If this happens, courts rarely order this missed time to be made up. However, you may be responsible for child support during this time.

One more drawback of conducting a paternity test, even when you are absolutely certain of being the father, is that in the future, the mother may tell the child that you insisted on taking a DNA test to confirm your parenthood, which could damage your relationship with the child.

In almost any situation where you want to establish paternity, you will need a court order to address issues like child support and parenting time. Everyone can voluntarily submit DNA swabs, but you will still have to go to family court if the test results show that you are the father.

Ways to Determine Paternity Without a Court Order

You might want to reassure yourself whether or not you are a child’s biological father. While there are certain steps you can take to help narrow the possibility of paternity, such as comparing blood types and eye color, or calculating the conception date, there is no more precise way to determine paternity than using genetic testing through a DNA paternity test.

Can Paternity Be Established Without DNA Evidence?

It is possible to establish paternity without DNA testing. In fact, no U.S. state requires a DNA paternity test to determine that someone is a child’s legal father.

A father can sign an affidavit stating that he is the biological father, commonly known as an “acknowledgment of paternity.” Both parents may sign an acknowledgment at the time of the child’s birth. The father can also acknowledge paternity by signing an affidavit after the child’s birth. This often occurs as part of a legal action filed in family court to establish paternity.

Benefits of Establishing Paternity

As a father, establishing paternity offers the benefit of certainty in that you do not have to wonder about whether you are truly the child’s father. It also ensures that you will be a part of the child’s life and may help to raise them as your son or daughter.

For a child, legal paternity establishment offers a wide range of benefits, including:

• Two parents with legal rights and obligations to support the child’s well-being;
• Life and health insurance coverage through either or both parents;
• Inheritance rights;
• Access to both parents’ medical history; and
• The right to receive benefits like Social Security through either or both parents.

Can a Mother Refuse a Paternity Test?

A mother is not legally obligated to participate in a DNA paternity test unless a court has ordered her to do so. If a mother refuses to contribute her DNA, however, the paternity test may still proceed. Her DNA is not necessary to perform the test, although having DNA from both parents can strengthen the test results. Only the alleged father and the child need to submit DNA samples.

Why Work With Cordell & Cordell?

For more than thirty years, Cordell & Cordell has provided legal advice and guidance to men experiencing tumultuous custody issues. We have earned an A+ rating from the Better Business Bureau, the trust of our clients, and the respect of our peers.

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We Fight For Fathers’ Rights

Cordell & Cordell’s knowledgeable attorneys act as advisors and advocates for men involved in paternity cases and other matters. We provide diligent, aggressive representation to help protect men’s financial and family interests. Additionally, our firm offers podcasts, town halls, and ebooks as educational resources so that men gain a deeper understanding of their rights. To schedule a consultation to discuss your case, please contact the firm today at 866-DADS-LAW (323-7529) or through the online contact form.