Full question:
I need to subpeana my father for his DNA how will I do this ?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: California
Answer:
A subpoena can only be issued by a court officer, such as an attorney or court clerk. If you need to establish a father-child relationship for a child without a presumed father under Section 7611, or if the presumed father is deceased, you can file a petition in court.
The process begins with filing a Petition, after which the Respondent (your father) is served with a copy of the Petition and a Summons. The Summons informs them of the action and their duty to respond.
Typically, the court will schedule a Pretrial Hearing after the Respondent is served. This hearing is informal and closed to the public. The judge will assess whether determining the father-child relationship is necessary and in the child's best interest. Based on this assessment, the judge may recommend:
- Dismissing the action with or without prejudice;
- Reaching a compromise agreement among the alleged father, mother, and child;
- That the alleged father voluntarily acknowledge his paternity.
If a party refuses to accept any recommendations and genetic tests have not been conducted, the court may require the parties to submit to genetic testing if feasible. Following the tests, the judge will make a final recommendation. If a party rejects this recommendation, the case will proceed to trial.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.