Can You Get A Paternity Test Without The Father Knowing?
How to do paternity testing without the father?
This question has been asked a lot over the years. The answer to this question is, Yes. A paternity test can be performed without the father knowing.
The next question that should be asked is, Can I use a DNA testing result in court or for any other legal purpose? The answer to this question in most cases is, No. Unless the father is deceased which would not be in alignment with the topic of this post of the father not knowing about the paternity test.
Paternity testing without the father’s knowledge can be done. Below are the best options to possibly perform this task.
1. Using a forensic sample like a toothbrush, q-tip, or hair sample, etc. This option is not as effective as having the father of course but if the forensic sample is handled appropriately there is a strong chance a paternity test result can be produced. Including the mother in this option is recommended for the best and most accurate DNA Paternity testing result.
2. If you have a good speaking relationship with one or both of the parents of the alleged father. This option would provide the strongest and best opportunity to help determine who the father is. Again, this option only works if the grandparent/s are willing to perform a grandparent DNA test without their son’s knowledge. Including the mother in this option is recommended for the best and most accurate DNA Paternity testing result.
3. If the parents are unavailable and the alleged father has siblings. A DNA test known as an avuncular DNA test can be performed between the alleged father’s sibling, the child, and the mother. Please note, having the mother involved increases the accuracy of the DNA Paternity testing result.
4. If the alleged father has no siblings or his parents are unavailable to be tested but he has another child or children with other women. This option only can only work if the mother of the child knows the other mother or, mothers and they are willing to agree. If the other mother agrees then performing a half-sibling DNA test between the two siblings and the mother of the child to see if her child shares the same father is the best-recommended option for the best and most accurate DNA Paternity testing result.
Is it illegal to do a DNA test without consent?
Although, we are well aware of the many scenarios that can occur during a relationship that may warrant performing a paternity test discreetly. We always recommend that both parents are involved with the paternity testing process.
That being said, a parent can perform a DNA paternity test. If it is the father requesting to perform a DNA paternity test. His name must be on the birth certificate in order to have the child’s samples collected without the mother’s knowledge. This applies to both married and unmarried men.
If the mother is trying to test a child without the father’s knowledge and she is the primary custodial guardian she can give consent to her child. She can not force the alleged father to perform a DNA paternity test unless she was able to get a court order from a judge. Other than a court order the options listed earlier in this post are viable options but can not be used for legal purposes unless a judge or magistrate permits.
Remember, children under 18 years of age can only have their guardian permit consent for DNA testing If the father does not have his name on the birth certificate he will need to request permission from the guardian of the child. In most instances is the mother.
If you would like to learn more about the options or you would like to coordinate an DNA Testing appointment. Please do not hesitate to contact our office today at 973-609-5102 to get started. Remember, Our goal here is to help you.
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