Legal Question in Family Law in Virginia
Adult childs right to know.
I am 51 years old. I was taken from my mother along with 3 other siblings when I was a few months old by her husband at the time and the local authorities. I was raised by the husbands brother. I was never given up for adoption. My mother had visitation rights but never attempted to use them. DNA testing has ruled out the husband at the time as my father. This is a very long drawn out story so here is my question. I have reason to believe the man she is and has been married to for the last 50 years is my father, do I have A legal right to obtain DNA from him to determine if he is my father?
3 Answers from Attorneys
Re: Adult childs right to know.
No, you do not, under the circumstances which you've described. There is now no law "on the books" in the Commonwealth, so to speak, of which I'm aware, that would empower or authorize a Virginia court to order that your alleged father undergo a DNA test merely to accommodate your wish to know whether he's your biological father.
Re: Adult childs right to know.
Addendum to previous answer: Of course, there's nothing to prevent you from picking up some object which your alleged father has discarded such as a cigarette butt or beer bottle which may contain a remnant of his saliva and having it tested along with a sample of your own DNA to determine your parentage.
There are any number of private companies which do this type of testing for a few hundred dollars and which can be found on the Internet.
Re: Adult childs right to know.
I agree with Mr. Henderson in that you have no legal right to make the man submit to DNA short of dire necessity such as the medical need to know genetic information and only then upon a showing of necessity first and probability that he may have impregnated your mother with you.
I assume you've asked the man. Of course he may confirm relations with your mother but be uncertain as to his fathering you.
Getting his DNA depends on your casual interaction with him.
Hope some of this helps. Good luck.
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