My son had a personal dna test done on him and his son. By Georgia law does he need to let the mother know?

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My son had a personal dna test done on him and his son. By Georgia law does he need to let the mother know?

Asked on May 9, 2009 under Family Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

If your son did a DNA test via a home testing kit, you have an argument not to turn over the results.  If the boys mother thinks that there might be some kind of health issue such that she needs DNA results for, then let her make application to the court to compel a more formal DNA test.  Her demand might be rejected if it is determined that it has no merit, or the court could compel your son to again be tested.  Either way, it's up to the court to decide this, not the mother.  This was a test done in the privacy of the home and the results are not open to any other person.

Anyway, since this is a home kit you could argue that the results might not be accurate.  In my opinion,  if you don't want to turn over the results don't.  If there is a legal issue here the court will let you know.  Then just do as the court may ask, even if that involves taking another test.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oftentimes, when posting questions, sometimes we need more than the question. So I am going to use assumptions:

 

1. I am assuming he did this because he is either unmarried and had a child out of wedlock and he is unsure if the child is his OR had a child during wedlock and either due to infedility or other issues, he is unsure if the child is his.

2. The second assumption is he is being sued for child support and possible custody issues.

3.  Here is some information for you:

§ 19-7-43.  Petition; by whom brought; effect of agreement on right to bring petition; stay pending birth of child; court order for blood tests; genetic tests


   (a) A petition to establish the paternity of a child may be brought by:

   (1) The child;

   (2) The mother of the child;

   (3) Any relative in whose care the child has been placed;

   (4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or

   (5) One who is alleged to be the father.

(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section.

(c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions.

(d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established.

(e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. The request for the order shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department prior to the testing or the imposition of any noncooperation sanction.

(f) In any case in which the court or the department orders genetic testing and one or both of the parties to the action is receiving child support services pursuant to Code Section 19-11-6, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request.

 

§ 19-7-45.  Genetic tests


   All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent.


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