Does a mother have consent to a paternity test?

This question is often asked by many men who are curious whether or not a child is biologically related to himself. It is important for alleged fathers to understand that if you are not a custodial parent then you will have to get consent from whoever is the custodial guardian of the child. This could be the mother of the child, grandparents or, an aunt or uncle.  

If a mother is a custodial parent, then the mother will have to give consent for a legal paternity test. If the mother allows an alleged father access to a child and he’s not a custodial parent. The alleged father could perform a paternity test unbeknownst to the mother but would not be able to use the result for legal purposes.

Here’s an example: If a non-custodial alleged father does perform a legal paternity test without the mother’s permission,  and the alleged father decides to submit the result as evidence. If the mother is aware of your state’s law. She could petition the court to deny submission of your result due to non-consent. Of course, the Judge will have the final say on whether to allow the alleged father’s DNA result to be submitted as evidence. Many times, the Judge will request a re-test utilizing a different DNA laboratory to settle the paternity issue.

Can a mother deny a DNA Test?

Yes. As stated earlier,  an alleged father who is a non-custodial parent can be denied. If the alleged father is a custodial parent he can decide to perform a paternity test without the mother’s permission.  Please make sure you consult with a family attorney because each state’s laws do vary.

Is it illegal to do a DNA test without consent?

This is a question often asked by many people who contact our office. If you are performing a legal DNA test for a child under the age of 18 the guardian of the child must consent to the DNA Test. If the guardian or custodial parent does not consent. The option for a non-custodial parent to file a petition with your state’s local family court.

Please note, one can perform a peace of mind DNA test discreetly but this type of DNA test will not be admissible in court. Therefore, if the result show you are not the father and you want to go to court. The only option you have to submit DNA result as evidence is to petition the court if the mother or legal guardian is disagreeable.

Best DNA paternity testing practice

We always recommend that alleged fathers involve the mother if possible. By involving the mother in a paternity test. It will increase the chances of the mother not contesting your paternity test. Also, if the mother actually partakes in the paternity test it will increase the chances of having a much more conclusive result.

It is also advised that you seek a family law attorney or consultant to inquire about your state’s paternity law for better clarity on how to properly establish paternity.

If you are in need of legal DNA Paternity Testing services or you would like to ask a question about the process. Please do not hesitate to contact our office today and allow one of our DNA Relationship Testing Experts the opportunity to assist you with your legal DNA testing needs today at 646-383-9778.

Reminder: The information provided regarding establishing paternity is for informational purposes only and should not be used as legal advice. Please contact a legal professional to help assist you with paternity establishment in your state.

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