Legal Question in Family Law in New York
Paternity Test
Is it legal to perform a paternity test without the permission of the mother of the child in question?
2 Answers from Attorneys
Re: Paternity Test
Yes. However, when a paternity test is not ordered by the court, supervised by a government agency, or consented to by both mother and putative father, the results DO NOT automatically affect the rights, duties and obligations of the parties.
That means, support, visitation, etc., does not stop or start based on test results alone. A COURT ORDER/ JUDGMENT of paternity, child support and visitation is required in order to enforce the start or stop of support, visitation and etc..
You may file a Paternity Petition (for free) in NY Family Court, where the test can be ordered. Afterwhich, if the test is positive, the Court will order, support and visitation.
Re: Paternity Test
DNA testing can be ordered by a court without the consent of either parent, or either parent can take the child to a doctor for the same purpose. You should bear in mind that the child has two parents, not just a mother.