Legal Question in Family Law in Oregon
Forcing a dna test?
I am an adult female. My biological father has never claimed me, nor is he on my birth certificate. He is a registered Cherokee with the Cherokee Nation. I want to become registered myself, but I must prove lineage. I have to have his name on my birth certificate. Can I force him into a dna test to have his name put on my birth certificate?
1 Answer from Attorneys
Re: Forcing a dna test?
Yes, you can compel him to submit to a DNA test. But it must be done as part of a legal action brought by you against the man you claim to be your father, in which you ask the court to render a "declaratory judgment" that declares him to be your legal father.
Assuming you prevail in the lawsuit and the court renders the declaratory judgment, the clerk of the court will send a copy of the court's judgment to Vital Records (the Oregon Center for Health Statistics), which will then revise your birth certificate so as to identify as your father the man so declared by the court's judgment.
You most likely will need a lawyer to help get all of this accomplished. There are no pre-printed "do-it-yourself" forms for this type of legal proceeding in Oregon. Cost estimate cannot be made without further case info. Call if you would like to proceed.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]