Legal Question in Family Law in Iowa

Paternity

A 17 year old girl is asking my family for a DNA swab to see if my deceased brother (died in 1992) is her father. They say it will cost us nothing; that the Dept. of Human Resources will pay. She just wants to know. Should we be wary of this request? What, if any, culpability do we have? What steps should we take to protect ourselves?


Asked on 6/06/07, 11:58 am

2 Answers from Attorneys

Johm Smith tom's

Re: Paternity

You should consult with an IA attorney; we can give you a free reference if you wish. She is almost an adult and your brother would be the one who would have been responsible for her. I don't see an issue for you, but consult an IA attorney.

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Answered on 6/06/07, 12:20 pm
Robert Luedeman solo practitioner

Re: Paternity

With all due deference to my colleague from Louisiana, I would be very wary of this request and would refuse to even consider it-at least until she is an adult.

In particular, since this girl is a minor it may well be that someone behind the scenes is pulling the strings. She cannot execute a legally binding waiver of all rights and causes of action that could arise from this.

I also do not like the fact that a state agency is involved. Why do they want to pay for a paternity test at this late date?

How do you know it is your brother that this is aimed at?

Was there an estate involved?

It could be someone behind the scenes trying to put you on the hook.

I'd refuse the request kindly but gently and tell this person come back when you're an adult capable of making your own legal decisions and being bound by them.

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Answered on 6/06/07, 4:16 pm


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