Legal Question in Family Law in Idaho
DNA Testing
My friend was just killed in a car accident. His girlfriend had a baby a month ago, but she will not say if for sure the baby is his.
His family wants to know if the baby is his (there will be a large settlement, and baby's mom is already asking about it).
Can they do a DNA sample on the baby without mothers permission, like with a home DNA test?
What steps should they take?
Thank you
1 Answer from Attorneys
Re: DNA Testing
First, I'm sorry for your friends death. I'm not sure why the mother would hesitate to have your friends paternity established under circumstances where the child would likely inherit.
To establish paternity,the mother can voluntarily have the baby tested or whoever is administering your friends estate can, in his place, file a petition to establish paternity with the court; the court could then order the testing and based on the results decide the issue.
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