Can a woman refuse a court-ordered paternity test in New York?

Full question:

Can a woman residing in Buffalo, New York deny a New York court ordered paternity test? If so, how does the father go forward to obtain visitation rights? The child is eight months old; the father is not named on the birth certificate. The assumed father is trying to get visitation/parental rights but the mother has denied he is the father to block him from seeing the child.

• Category: Paternity
• Subcategory: DNA Test
• Date: 04/07/2025
• State: Illinois

Answer:

If a court orders a paternity test, the mother cannot simply refuse to comply. Ignoring the order may result in contempt of court, leading to penalties like losing a driver’s license or professional licenses. Paternity can be established in several ways: through a paternity affidavit, an administrative order based on genetic tests, or a court order. If both parents sign a paternity affidavit, they may waive the right to contest parentage, except to rescind the affidavit.

For unwed parents, a legal father must be established through a paternity action. This can be done by acknowledging paternity on the birth certificate or through a court order. The father can seek visitation and parental rights only after paternity is legally established. In New York, a paternity action is typically a civil lawsuit, and only certain parties can initiate it, including the mother, the alleged father, or the child.

If the mother denies the father’s claim, he can file a paternity action in court. The court will review the case and can order genetic testing if it finds sufficient grounds. If the test confirms paternity, the court will issue a ruling that may lead to a new birth certificate reflecting the father’s name. Establishing paternity is crucial for the father to gain visitation rights and participate in decisions regarding the child's upbringing.