How do I get law enforcement to release DNA of deceased needed for paternity establishment?

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How do I get law enforcement to release DNA of deceased needed for paternity establishment?

Father was murdered in an open and shut case. Samples were released from medical examiner but a dna profile was not obtainable. Sheriff’s Office has a blood card in possession and I’m not sure what paperwork or steps are needed to continue

Asked on July 26, 2012 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to get samples of DNA of a deceased person that you desire that is held in the possession, custody and control of law enforcement, you need to file a petition with the court with the intent to establish paternity. Once done, then a subpoena needs to be issued on law enforcement where the DNA sample is to be sent to a third party lab for testing.

Most likely there will be a required court hearing on the motion. I suggest that you have a family law attorney assist you in the endeavor that you wish to undertake.


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