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How to get a Paternity Test when the Mother Refuses?

Mother and son

The Paternity test or a DNA test is conducted to check fatherhood and it is considered a Legal procedure. However, you need to know what to do if the mother refuses to take the paternity test. DNAs are taken in the form of samples from both the father and the child and sent to the lab for testing.

The interpretation is done based on the similarities in the two separate DNA samples. The more is the similarity, the closer the two individuals are related to each other. In the case of offsprings, there are more similarities than other paternal family members.

Whatever the reason the mother refuses to take a paternity test, keep reading this article to learn the process to follow in this situation.

Why conducting a paternity test is helpful?

A DNA paternity test is considered to be 100% accurate for determining the fatherhood of a person. The genetic materials are tested for a paternity test. Conducting a DNA paternity test can be helpful for many reasons such as:

  • Help to know the fatherhood of a person.
  • Claiming legal right for child support.
  • Claiming for child’s custody.
  • Getting benefits in Social Security benefits and inheritance.
  • Help to identify conditions that may affect a person’s long-term health.

How is the paternity test conducted?

Blood for DNA test

In the process of conducting a DNA test or a paternity test, several steps are included. In the case of a legal process, the whole conducting process from taking samples to sending the samples to the lab is under the look of a supervisor who approves the testing after checking the Identity proof of all the participants.

After taking the samples, either blood samples or cheek swab samples, they are sent to the lab along with the necessary paperwork done by the supervisor.

This includes getting an appointment from the lab, taking the samples, sending it to the lab for testing, and receiving the result. The result of the DNA or paternity test is kept very confidential so they are updated on the participant’s personal account.

How to get permission for conducting a paternity test?

A DNA paternity test is very helpful for or getting surety about the biological father. In the case of both a mother who is unsure of her child’s father or if a father who is aiming to establish a paternity test can go through a completely legal process.

To get a DNA paternity test done, there are several pieces of information that a person needs to know before conducting the test. The process is carried out in the following manner:

  • To require the DNA test the parents should get in contact with a lawyer
  • The lawyer will help to draught and submit the proper petition to the court
  • Any one of the parents either the mother or the Father of the child can start the process of establishing paternity
  • Before submission of the petition to the court, it is served on the parties who are involved
  • Followed by the taking of samples and getting the results of the testing

It is applicable for any of the parents to start with the process. A man who claims to be the father of a child whose mother is married to another man can claim for the paternity test. Similarly, a mother who wants to claim child custody or get child support can claim for a paternity test.

➡LEARN MORE: How long does a Father have to Establish a Paternity?

What if the mother refuses the test?

Conducting a DNA paternity test is legal and can be conducted through a proper legal process. The process may or may not include getting consent from the court. It includes consent from both the legal parents or guardians.

In case if any one of the parents refuses, it will be difficult to conduct the paternity test. Since the paternity test requires written consent from both the legal guardians of the child who is supposed to be tested.

This condition applies to only those who are less than 18 years old. If the child is less than 18 years old then and the court asks for consent from both the parents in written form. But if the child is 18 years or older then written consent is not required for a paternity test.

In some cases, the lab approves the process of conducting a test without getting consent from both the parents to cut the cost for the testing but it is not much of a reliable and legal process to opt for. But in these conditions, it takes more time to analyze the samples.

In some cases, people secretly collect the samples and request DNA testing. It is not a very reliable source of testing because it may not be a totally legal procedure for conducting it.

Can paternity testing be conducted without the mother’s approval?

To conduct DNA testing, both the parents must approve of the testing. Though in case of a paternity test, the Mother’s DNA is not required, the consent of the mother in written form is required. In the case of a standard home paternity test kit, it is not compulsory to collect DNA samples from both the mother and father along with the child.

The mother can be left. It is up to the participant to decide whether to take the mother’s sample or not.

In case when the mother approves of the testing it is very much helpful to conduct the test more properly and legally. But if the mother does not approve it can still be conducted. Even without the mother sample, the correct testing result probability is still 99.99% and more.

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