Q: Can an alleged father take an at home DNA test on a baby without the mother's consent?
The man did not sign the affidavit of parentage in the hospital nor is he on the birth certificate. The baby was left in the care of the man's mother for a few hours and DNA test was performed. Should I file a police report? I did not consent to the test and was not told about it.
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- North Carolina
- (910) 333-9679
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- Answered
A: First, lets get facts straight - a DNA test was not performed - a sample was taken so that a DNA test could be performed. There is a difference. Most home DNA testing companies require permission of a legal guardian or parent but this requirement is very easy to get around so he could have had the test done. It is doubtful that any crimes were committed, at least in NC and if you have a civil suit it is doubtful you have damages that amount to anything. So there is likely not much you can do about it at this point. However, the results of this test will likely not be admissible in Court. Bottom line, if the kid turns out not to be his, what difference does it make how that was determined? - it would come to light anyway through a Court ordered paternity test if he requested it.
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