White City, OR asked in Child Custody and Family Law for Oregon

Q: Is it legal for a father who isnt on the birth Certificate to take the child to get a DNA test without the mom knowing

Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just curious, thanks.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this man isn't the father and you are worried what will happen if he finds out? Rather then worry about whether the father broke some law, because I don't really know that he did or didn't, I suggest you let paternity get settled one way or another and focus on what you need to do to retain custody if you don't already have custody order as well as establish an appropriate parenting time plan the best fits your situation.

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