Legal Question in Family Law in California
Prenatal DNA testing
I am 28 weeks pregnant. My husband and I are getting a divorce. He wants a prenatal dna test to see if the child is his. This will require amniocentesis and is an invasive procedure that carries risks. He said if I do not sign the stipulation he will obtain a court order to make me have the test. I will be happy to cooperate after the child is born. Can the judge make me have this test before the baby is born?
3 Answers from Attorneys
Re: Prenatal DNA testing
No
Reply: Prenatal DNA testing
The Court will probably wait until the child is born and it is safe to draw blood to run a DNA test. I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Prenatal DNA testing
The quick answer is that a court could order the test but it is highly unlikely that it would order the test. If the court would make such an order you could probably file a writ with the court of appeals which would delay the order until after birth of the child. If you had the advice of an attorney you would not need to rely on the law cited to you by your husband, who apparently doesn't know the law. With his attitude you will probably need one sooner or later, you might just as well make it sooner. Get a consultation, it will make for a more peaceful final few weeks of your pregnancy. Good Luck, Pat McCrary
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