How can we start a paternity test process for our child?

Full question:

my husband is locked up and we want to get DNA done on a child that is 10 mo old he signed the aknowledgment of paternity at the hospital but is now having doubts..the courts said i have to get the legal papers and 100$ to start the process through the courts where can i get them papers so we can get the ball rolling

  • Category: Paternity
  • Subcategory: Acknowledgment
  • Date:
  • State: Illinois

Answer:

To establish paternity, you typically need to file a civil lawsuit. In most states, only certain parties can initiate this action, including the mother, the alleged father, or the child. Since your husband signed the acknowledgment of paternity, he can still challenge it in court if he has doubts, but this can only be done based on fraud, duress, or a material mistake of fact.

The court will not automatically order a DNA test just because a paternity action is filed. It will review the case to determine if there is enough information to justify a test. If the court orders it, the mother, child, and alleged father will be tested at a designated facility.

If paternity is established, the court's order will be final and may include changes to the birth certificate. If your husband is found not to be the father, he will no longer be responsible for child support. To begin, you will need to obtain the legal documents and pay the required fee. Users can search for state-specific legal templates at .

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.

FAQs

In most cases, a man cannot obtain a DNA test without the mother's consent if she is the legal guardian of the child. However, he may request a court order for a DNA test if he believes he is not the biological father. The court will consider the circumstances and may grant the request if it finds sufficient grounds.