Jacksonville, NC asked in Criminal Law and Family Law for North Carolina

Q: Looking to personally sue someone.

I would like to know if it is illegal to dna test a 6 month old baby without the mother’s written consent. Considering the person who tested the child is not on the birth certificate and has no legal guardianship to that child.

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2 Lawyer Answers
Bill Powers
PREMIUM
Bill Powers
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: That question, like most legal issues involving Family Law, requires more information and a careful consideration of law, past Orders of the Court, custody agreements, etc.

One would necessarily know:

Is there an existing Court Order or Child Placement protocol?

Is there an existing Child Custody Agreement?

How did the person gain access to the child, so as to be able to gather a sample for DNA testing?

These are all rhetorical questions, best answered subject to attorney-client privilege and not online.

Best bet: Retain an experienced Family Law Attorney in Jacksonville.

I went to law school with an attorney down there (in Jacksonville) named Tom McNamara. He's a top-notch attorney and a Board Certified Specialist:

http://www.mcnamaralaw.biz/

Please say "hey" if you talk to him.

Bill Powers

Charlotte NC

Amanda Bowden Johnson
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Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: This is likely more of a potential crime than a civil suit - where's the damage? Generally speaking, people don't randomly DNA test a baby unless they suspect paternity is an issue. If you were asked, you likely should have consented and if your weren't asked, now that you are aware the test was done, you should likely be more concerned with the results than with suing. However, if you are bent on getting your pound of flesh for this transgression, consult with a local attorney who can review your situation in more detail and provide you with your options. Best of luck.

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