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?


Asked on 10/09/03, 9:24 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

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.

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Answered on 10/12/03, 12:19 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

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.

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Answered on 10/10/03, 9:45 am


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