Who can request a DNA test?

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Who can request a DNA test?

I cheated on my boyfriend of 7 years and around the same time got pregnant. Now the other guy’s mom is trying to get a DNA test done. Can she?

Asked on July 23, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

The law differs from state to state on DNA testing and rights regarding it.  But from the facts the way you have presented them here I would say no, she herself can not.  She does not have what is known as "standing" to request a paternity test.  Those who think that they may be the father may do so and i  this situation where you are not married to either man it may be easier to do so.  If she convinces her son to request one then you may really have an issue here.  Speak with an attorney in your area on the matter.  Because you are unmarried you may have more "rights" regarding this issue.  Good luck to you.


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