What are a woman's legal rights to have a paternity test to determine the father of her child?

Full question:

A married female has an affair and then gives birth to a child. She is unsure whether the biological father of the child is her husband or the man with whom she had an affair. What are her legal rights to have a paternity test to determine the father of the child? What rights does the lover have if the test determines that he is the biological father of the child?

• Category: Paternity
• Date: 04/07/2025
• State: Texas

Answer:

A paternity action can be brought by the mother or expectant mother, by a man alleging to be the biological father, by the child, or the Welfare Department. In most circumstances, the action must be filed within two years after the child is born. In certain situations, the child may bring the;action before reaching the age of twenty years old.

The proceeding can be brought as its own case, as a Petition to Establish Paternity. A Petition for Provision of Child Support can be filed in conjunction with the Petition to Establish Paternity. The paternity proceeding can also be brought in conjunction with another case. For example, a husband or wife can file a Petition to Contest Paternity of a Minor Child in conjunction with he filing of a divorce petition. In most situations, a Guardian Ad Litem will be appointed by the court to represent the interests of the child. In some cases, the paternity case, including the results of any tests or findings of the court, are kept confidential from the public, and sometimes from the child as well.

In any paternity action, there are certain parties who must be named in the action, including the child, the child's mother, and the person alleged to be or who is alleging to be the father. Any of the parties in the action can request the court to order blood testing. The blood testing, which may include detailed DNA testing or tissue testing, is performed only by a qualified expert approved by the court. in the event the blood test shows exclusion of the alleged father as the biological father, then the court can consider that blood test result to be conclusive proof of non-paternity. On the other hand, if the blood test shows the possibility of the alleged father to be the biological father, then the result is not conclusive since the test can not show one hundred percent accuracy in establishing fatherhood. The case proceeds in order for the parties to investigate the issues further, and to obtain additional evidence.

In order to establish paternity, the court must find by a preponderance of the evidence that the alleged father is the biological father. The court will look at all the evidence, including not only the results of the blood tests, but also the testimony of the parties which discusses all facts relevant to how and when the conception occurred. If the court finds that the evidence is sufficient to show that the alleged father is more probably than not the biological father, then paternity will be established.