Legal Question in Family Law in North Carolina

Can an alleged father take a childs Mother to court to take a Dna genetic test?

A female had a one night stand with my brother.Approximately 7 1/2 months later she tells him its his.He is willing to pay child support and take the dna test but she isn't.What are the procedures to make her take it , if it is possible? If it is not possible, what contract can be drawn up for for them stating that she does not want any child support?


Asked on 2/03/01, 3:43 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: Can an alleged father take a childs Mother to court to take a Dna genetic te

Your brother is entirely within his rights to

refuse to admit paternity without DNA test.

That test is normal and court will allow it

any time it is requested. My experience

is that when the mother will not submit to

test it is because she harbors some doubt

about the father and her other potential

fathers have less money that your

brother does.

A contract to avoid child support is not binding

and is not enforceable between the two parents

since NC law holds support from the two

biological parents is the child's right.

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Answered on 3/19/01, 5:40 am


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