DoI need a court order to get aDNA test on a baby?

UPDATED: Jan 23, 2011

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DoI need a court order to get aDNA test on a baby?

We aren’t marrried and I want to prove that the child is mine so that I can have visitation rights.

Asked on January 23, 2011 under Family Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In MI, the easiest way to establish paternity is for both of the parents to sign an "Affidavit of Parentage" form and record it with the Department of Community Health.  This service is available in the hospital when the child is born, or you can contact a support specialist at your county Department of Human Services (DHS) for help (it's all free).  By signing the form, the paternity of the child will be legally established.  If both parents do not sign the affidavit, then  paternity is established is by filing a paternity case.  The county DHS can ask the prosecutor to file a complaint with the court to obtain an order establishing paternity.

If paternity is established, an order of "filiation" (paternity) will be entered.  The court will in all likelihood order the payment of child support, medical expenses for the birth of the child, blood test expenses, and other costs; it may also order that health care coverage be provided.  Additionally if the parents are in agreement about custody and/or parenting time, the judge will most likely include that agreement in the paternity order; if they are not in agreement, the judge will order temporary custody and parenting time until a hearing on the dispute (or other resolution).

Here is a link to a site that will explain further:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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