What rights does a man who is listed on a child’s birth certificate have to getting a DNA test ordered?

UPDATED: Jan 27, 2011

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What rights does a man who is listed on a child’s birth certificate have to getting a DNA test ordered?

I’m currently deployed and have requested a DNA test regarding a child in NC. The mother agreed to the test but after I paid for it she backed out. I was placed on the birth certificate in 2006. Current questions and concerns have come up about the paternity of the child, especially now that she has backed out of having the test done. There is no child support order or anything. What are the steps that I can take to get this process taken care of by the courts? Obviously she won’t do the DNA unless forced by the court.

Asked on January 27, 2011 under Family Law, North Carolina


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

Answered 12 years ago | Contributor

Yes, of course you can. You yourself can bring an action to establish paternity in the court system.  Some states have what is known as the Family Court where you can go in an start cases that have to do with these type of issues and then a court will order her to have the testing completed.  Be aware, though, that once the testing is completed and if paternity is established with you as the father, an order of support will be entered in to at that time.  You will also have the right to establish visitation with the child on a regular basis. Either way, you need to know once and for all. Good luck to you.

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