Re: Can you force a woman to undergo a DNA test (paternity)?
- From: "Epsilon" <not@xxxxxxxxxxxxxxxx>
- Date: Sat, 19 Mar 2011 20:48:13 +1100
On 18/03/2011 23:22, Epsilon wrote:Maria wrote:A bloke was with a women for a while - she had a baby, which she
said was his. He is named on the birth certificate as the father.
She finished with him soon after, and refused to let him see the
child. She tried to blackmail him with the pay me and you can see
him thing, but then met someone else and banned him altogether.
She was with this second man for some time (she had been seeing him
behind the first man's back), and they had a baby together also.
Five years after the birth, she told the first man that the baby
wasn't his, and would do a DNA test to prove it. The first man did a
swab and gave it to the woman - she then sent off the test and told
him the result - the child was not his.
He left it at that, but has just been told (by her grown up son),
that she swabbed the second child she had with the second man
instead of the child in question. She has also forged a letter
(forged the 'father's signature) to the Registrar to attempt to get
the first man's name off the birth certificate.
The question is, what is his legal position now? He wants to know if
the child is his or not, and does not want his name removed from the
birth certificate until he knows for sure.
The CSA are not involved in any way. Can he force her to undergo a
proper, recognised DNA test? Has she broken any law? I assume that
forging the letter to the Resgistrar is some kind of offence.
He can't force her to undergo a DNA test, but why would that help?
Sorry...I should have been clearer. Her DNA is also required, and he
has no access to the child, so she would have to consent.
Thequestion is whether he is the father of a particular child. A DNA
test of the child would show whether or not he was the father, but
he can't insist on that being done.
Ok. What would be likely to happen if he pursued contact with the
child through the courts and she denied he is the father?
It's a bit hypothetical, but he is the father according to the birth certificate ie according to official records. If she argues the toss about that, a DNA test looks a likely outcome.
He is taken to be the father while his name is on the birth
certificate. If he wants to maintain the situation as it is until
the DNA situation is resolved, he can write to the Registrar and
give his views. He doesn't need to worry about whether she has
broken any law. That's not his concern.
I think he is worried that they won't believe that he did not request
that his name be removed from the certificate. I don't know the
procedure for having a name removed - is evidence required without the
consent of the named father?
It is daunting to try to change any official records, just because they are official records. It can be done, but it ain't easy. In the case of birth records, changing the names of the recorded parents is especially not-easy, especially if the mother involved wants to change the name of the father. It won't happen just on her say-so. He should write to the Registrar and give his views, thereby ensuring that the Registrar can contact him if push comes to shove.
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