My son had a personal swab home dna test done on him and his son. By Georgia law does the mother have the right to see the test?

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My son had a personal swab home dna test done on him and his son. By Georgia law does the mother have the right to see the test?

My son has no legal issue. He had the test done for his own knowledge. It was done a year age. He pays child support and see the child.

Asked on May 9, 2009 under Family Law, Georgia

Answers:

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

Answered 12 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 12 years ago | Contributor

If it wasn't a court ordered test, then no. 


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