Often, we receive calls from men who wish to establish paternity but are faced with resistance from the mothers of their alleged children. We recognize that both fathers and mothers will experience various emotions when faced with paternity establishment issues. These emotions could affect the child’s well-being.
In this post, we will explore whether a mother has the right to choose to let her child perform a DNA test for paternity confirmation. Please note, that the information provided in this post should not be a replacement. The content on this post is for informational use only.
Can a mother refuse paternity testing in Texas?
Yes. In Texas, a mother has the right to refuse a paternity test if the requesting man is not married to her and has not established legal paternity, such as having his name on the child’s birth certificate or signing an Acknowledgement of Paternity.
A married man generally does not require permission to test a child he has access to, although this can raise legal and ethical considerations.
If a man who is not married to the mother has signed an Acknowledgement of Paternity, he may have certain rights that could allow him to conduct a paternity test, provided he has access to the child.
However, if he does not have access, the mother can refuse the paternity test, and the man may need to seek legal recourse to assert his rights for paternity testing.
It should be noted that mothers may have various reasons for choosing not to pursue paternity testing, which may involve complex personal circumstances and concerns for the child’s emotional well-being.
What can be done if a mother refuses a paternity test?
If a mother refuses to allow a potential father, to whom she is not married, the right to perform a paternity test, the first step is to seek consultation from competent legal counsel. If this is not possible, you may want to research the paternity establishment guidelines in Texas to better understand the legal process you are facing.
We recommend filing a Notice of Intent to Claim Paternity with the Office of the Attorney General, as well as a paternity petition with the family court. Once your petition is accepted, the mother will be sent a court order to appear in court.
Can the mother refuse a judge’s order to perform a paternity test? Yes, but not without consequences. The court may seek to hold the mother in contempt if she disregards the order. Some of the common punishments we are aware of for refusing to perform a DNA test are jail time or a fine.
Conclusion:
In conclusion, a mother can refuse to have her child participate in a paternity test if there is no court order present. However, if a paternity petition is filed and a court order is issued, she must comply.
Should she refuse to appear in court or disobey the judge’s direct request for testing, she may be held in contempt of court. The consequences of such action would be determined at the judge’s discretion.
