Can a father refuse a paternity test?
Yes. A father can refuse a paternity test. Alleged fathers have the right to refuse a DNA test but depending on the situation there may be consequences.
Unmarried Fathers:
Possible fathers can refuse a paternity test without consequence if the mother did not file a paternity petition. Once a petition has been filed and a court order has been issued. A judge will request a paternity test will be requested. If the alleged father refuses to participate in the genetic testing process. The judge will find the man in contempt of court and/or a fine will be issued.
Refusal Consequences:
- Default judgment: While refusing a voluntary paternity test might not have immediate legal consequences, it can have negative implications during a court-ordered test. A father’s refusal can lead to a default judgment establishing paternity and placing him responsible for child support and potentially visitation rights.
- Adverse inference: In some cases, courts may draw an adverse inference from a father’s refusal. This means the judge may assume the test results would not have been in the father’s favor, leading to the same consequences as a positive paternity test.
- Contempt of court: If a court orders a paternity test, refusing to comply can be considered contempt of court and result in fines or even jail time.
Married fathers:
- While married fathers are automatically presumed to be the legal father, this presumption can be challenged through a paternity test even during marriage.
- If the mother wishes to establish paternity for another man (e.g., for child support purposes), she can file a paternity petition and request a court-ordered test. In such cases, refusal by the husband can have the same consequences as mentioned above.
Please note, the information provided is for informational use only and should not be a substitute for legal advice. Consult a family law attorney regarding paternity establishment in your state.
Conclusion:
The only consequence an alleged father can face for refusing a paternity test is if he served papers to appear in court. If the mother operates outside of the courts she can not force a man to perform a paternity test.
It is also important to note if your child, is an adult child over the age of 23. Utilizing the court to force a paternity test will not be an option.
The information shared in this post is for informational purposes only. It is recommended that you seek legal advice from a legal professional within your state to learn more about paternity law and the consequences of refusing a DNA test.
If you are in need of legal paternity testing services. Please contact our office today to coordinate an appointment at 888-204-0583 to get started.
