Can You Do A DNA Test Without The Mother Knowing?

motherless paternity test

Does a mother have to 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.

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