Legal Question in Family Law in California
I did not put my ex boyfriend on the birth certificate for my daughter, and now he is trying to get a DNA test done on her. What are my rights as her mother? Can I refuse it?
3 Answers from Attorneys
If he files a petition to establish paternity, and the judge orders the parties to engage in genetic testing, you must comply and have the genetic testing done. The birth certificate is irrelevant.
You can try, but you probably will not be successful in fighting it. All he has to do is file a Petition to Establish Paternity with the Court and have the Court order the paternity test. Is there a specific reason that you do not want him to take a paternity test? If you want to speak with an attorney privately about your situation, please contact our firm at 213-290-1742.
What about your daughter's rights? You know, the right to have a father? The right to financial support from BOTH her parents? It's not all about you. You had a relationship with this man. You got pregnant by him. (If it wasn't him, then why fight the test, it will get him off your back.) You had the child rather than getting an abortion, which I STRONGLY applaud by the way. You're keeping the child rather than giving her up for adoption. The point is, you had a lot of chances to cut him out of your life. You chose the path of parenthood. With that comes the responsibility to put her needs ahead of yours. She needs a father. She needs all the financial support she can get. If he's the dad, do right by her and make that father daughter relationship as good as it can be, and look forward to the financial support he will have to provide.