Legal Question in Family Law in California

Can an adult searching for a biological parent compel a man she thinks might be her father to take a paternity test?


Asked on 3/16/13, 1:03 am

2 Answers from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

Probably not. The first amendment rights of personal medical privacy apply to individuals as well as the government. While you may believe that this person is your father, I am unaware of any way that a court would compel a paternity test as the right to not be a parent or be anonymous is not outweighed by any compelling interests. Your situation is unfortunate but not easily resolved using the legal system.

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Answered on 3/17/13, 5:13 pm
Anthony Roach Law Office of Anthony A. Roach

No. Not unless there was a court order for the parties to have genetic testing in an appropriate case.

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Answered on 3/18/13, 8:46 am


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