Children are born with two parents. The number of children born to unwed parents has increased significantly in the United States over the last several decades. In 2022, almost 40% of all births in the U.S. were to unmarried women. When parents are married, the husband is the presumptive father. However, in situations where the parents are not married, the father must be established. This can be done voluntarily or through a court order. Does the mother have to comply with a request for a paternity test?
What is a Paternity Test?
A paternity test is also called a DNA paternity test. This type of test evaluates deoxyribonucleic acid (DNA) and compares it to DNA from another person to determine paternity. DNA tests are highly accurate. DNA tests can be performed using a cheek swab or a blood sample. A cheek swab is the easiest and least invasive option. The medical professional uses a swab to collect a sample from inside the mouth. DNA test results provide the statistical probability of paternity. DNA tests are often up to 99% accurate and either include or exclude the tested man as being the biological father.
Can a Mother Decline a Paternity Test?
Whether a mother can refuse to allow her child to take a DNA test depends on the type of request that was made. A potential father may ask the mother for a DNA test to prove or disprove paternity. In this situation, a mother can refuse the test. If the mother requests a paternity test, she can subsequently change her mind and can refuse the test. When the court orders a paternity test, the mother cannot refuse. If the mother refuses a court-ordered paternity test, she will be in contempt of court and could face legal consequences for her actions.
Court-Ordered Paternity Testing
The court may order paternity testing. This happens based on a court request. A mother, possible father, child, legal guardian, or sometimes the state may request paternity testing. The party requesting the test must be able to prove probable cause. Probable cause is generally established through an affidavit that the mother and potential father had sex during the time when the child was conceived. The court will order all parties to take a DNA test that must be performed by an expert. The DNA test results are provided to the court for review and decision.
What Happens if a Mother Refuses a Paternity Test?
When the court orders a paternity test, the parties are all required to comply. If the mother refuses to allow a paternity test that the court ordered, she could face contempt of court charges. Contempt of court means that a person has disobeyed a court order. Sanctions of contempt of court could include fines and/or imprisonment of up to 10 days.
The possible father of a child has the right to seek a DNA test. This can be done through the court system. If the man is a potential father, the court will order a DNA test which requires compliance of all parties. To learn more about establishing paternity, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to request a consultation.