Legal Question in Family Law in California

Paternity Varification Testing

If someone had a dna test done, outside the state of Ca (in the state of New Mexico), would it be legal to use within the state of Ca as full legal proof of paternity (showing the parent is not the biological parent)? And on the dna test results, it shows that the parent requesting the test, did not show identification nor sign for the test to be done. Nor will that parent say as to how the test was done.... in New Mexico, when the child never went to New Mexico, and a blood test for this was not done.

Please advise.

Thank you


Asked on 10/16/08, 6:24 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Paternity Varification Testing

Most likely a new DNA test would be required to be admissible as evidence in a paternity action. A family law facilitator would be helpful for self help individuals. You should file for an order to get genetic testing done in CA.

As always, please contact a qualified attorney prior to taking any legal action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

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Answered on 10/21/08, 5:35 pm


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