Can I be court ordered to take a pregnancy test?

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Can I be court ordered to take a pregnancy test?

My husband and I have been separated for 3 years. In that time we got back together briefly at which time I was pregnant by another man. We separated again and now I am pregnant again but no one knows. Can they make me take a pregnancy test?

Asked on October 3, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Courts do no usually order wives to take pregnancy tests.  However, they could if there was some legitimate concern to do so as part of a divorce proceeding.  (Courts can and will order parties to take tests-- like drug tests-- but only if there is a valid concern for drug use or abuse).  With that being said, however, even without the test, you will be required to give testimony before the court that you are not expecting a child in order to finalize a divorce-- if one is pending.  Court's do allow a divorce to be finalized while a wife is pregnant because they want to wrap up all paternity issues before the divorce is finalized.  So, if you are looking to file for a divorce right now, you would have to disclose the pregnancy so that your husband can be excluded as the 'presumed father' if he, in fact, is not the father.


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