Can a man force a DNA test if my Husband is listed as the Father on the birth certificate?

Full question:

I have a 10 year old daughter ive been married for 5 years my husband signed my daughters birth certificate. Another man wants a DNA test done but we dont want to do it. Can he go to court and get a court order for one? No my husband isnt her dad biologically but he has been in her life since she was 3 he is all she knows and thats how we want to keep it.

  • Category: Paternity
  • Subcategory: DNA Test
  • Date:
  • State: Tennessee

Answer:

Many people find themselves in this situation and the laws are different across the States but some are similar.

In Tennessee there are laws allowing for a Paternity action. So the person who wants a DNA test might be able to file a Paternity action. However, some Courts will deny a DNA test under circumstances similar to yours or refuse to allow paternity to be established since there has been a strong bond between the husband and the child. It is good in your case that your Husband is listed on the birth certificate as the Father and maybe he also executed an acknowledgment of Paternity if you and he were not married at the time.

We cannot say what a Court in Tennessee would do in this situation but we wish you good luck if the person decides to file for Paternity. 

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

Yes, a woman can deny a man a paternity test initially. However, if the man believes he has a legal claim to paternity, he may file a paternity action in court. The court can then order a DNA test, especially if it serves the child's best interests. The final decision will depend on various factors, including the child's relationship with the current father figure.