Can I get a DNA test done through my divorce?

I have been separated from my legal spouse and moved on and had a baby with

someone else, however they won’t let him sign the birth certificate. Can they petition my ex through a divorce for a DNA test to prove that he is not the father?

Asked on November 14, 2018 under Family Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Well, yes, generally you can.  It can be court ordered and requested by your spouse.  Otherwise, your boyfriend can request a filiation proceeding in Family Court to determine parentage and have a court order stating same.  That may be the way to go.  Good luck.

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