Legal Question in Family Law in Iowa
Can a paternity test be forced on the mother?
My 24-year-old son is engaged and has been living with his fiance for about 3 years. She has two young boys from other relationships. She is now about 6 months pregnant and says that my son is not the father of this child. My son left for a period of about two weeks, then moved back in with her. She now says she is going to give the child up for adoption. My son is concerned, as am I, that this could in fact be his child. Is there a way that paternity can be determined as quickly as possible after birth (or even before birth) so that my son can take custody of the child if it is his? Does he have any legal rights as far as testing goes to determine if the child is his?
3 Answers from Attorneys
Re: Can mom be forced to take paternity test?
What you probably can do is file an action to determine the child parent relationship (same thing, different name). I don't know about your state but Ohio recently enacted legislation setting up something called the "putative father registry." Most of us who attended a workshop that explained this, thought it was a joke. But the truth is it was designed for this very situation. How it works is that a man who believes that he may have caused a woman to "be with child" can call an 800 number and register this fact with the registry at the state capital (I think you get a glimmer here about why many of us found this rather amusing). In any event, if an adoption (and I assume even a regular custody proceding) is initiated, this registry is checked for any fathers who have filed their names. They can then be notified of the matter and intervene as parties.
This procedure was initiated to prevent the highly publicized litigation that resulted in infants being removed from adoptive homes after having been integrated into those homes because a previously unnotified parent came forward to challenge the adoption.
You might check to see if such a process is in place in your state and whether there are any time limitations within which you have to register.
Otherwise you can certainly initiate the paternity test or intervene in any action involving adoption.
Jonathan Schiff
Self employed
605 Rose Hill Ave
Re: Can a paternity test be forced on the mother?
The rights of the father are equal to the rights of the mother. If your son files a paternity action in
which he seeks custody, he should be able to prevent the adoption until paternity is established. THIS
COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN ATTORNEY-CLIENT
RELATIONSHIP. Legal rights vary greatly depending on specific facts, and it is impossible on the basis
of the recitation of a few facts to determine whether or not an individual has a viable case, what is the
full range of options, or what limitations exist which may bar an individual's potential claims. ON THE
BASIS OF THE INFORMATION PROVIDED TO ME, I RECOMMEND THAT YOU PROMPTLY
CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF LEGAL RECOURSE, IF ANY, YOU
MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE STATED AS ADVICE TO DO
ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS FULLY AN APPROPRIATE
COURSE OF ACTION.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: Can a paternity test be forced on the mother?
Would seem the first thing your son needs to do is decide whether he is serious about the marriage.
In most states (and keep in mind that I am licensed only in Tennesse, so your son should talk with a local attorney), if the husband holds himself out as the father of children concieved prior to the marriage, but born during the marriage, and the wife does not tell eveyong otherwise, he just became the legal father, whether he is the biological father or not.
This is also sometimes applied to children born BEFORE the marriage.
While your son can force a paternity test, that is likely to through a wrench in the works of them getting married.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601