Some fathers want to undergo paternity testing because they have concerns that their partners may have been unfaithful. Other times, unmarried fathers want paternity testing to prove that they are the biological father of a child. Doing so may allow them to seek shared custody or visitation with their child.
When unmarried parents have questions about paternity, genetic testing is often the only way to conclusively validate parentage. In some cases, mothers may not be receptive to requests for genetic testing. Can they refuse to undergo a test at the request of a putative father?
Timing determines the risk involved
The timing of a father’s request for a paternity test strongly influences whether or not the mother can decline the request. While it is now possible to conduct prenatal paternity testing, doing so does come with the risk of potential medical side effects, including miscarriage.
As such, expectant mothers can decline prenatal genetic testing, and the courts are unlikely to force her to undergo the test while she is pregnant. However, after the birth of the child, the test is no longer invasive.
It carries no medical risk, as it merely requires the collection of tissue through a swab of the inner cheek. After the birth of a child, the courts can order genetic testing, and the mother generally cannot refuse on the grounds of medical concern.
Genetic testing can validate a man’s parentage and allow him to establish paternity with the state. From there, requesting shared custody is an option. Understanding the rules that apply to genetic testing in paternity cases can help fathers understand when they may be in a position to pursue answers.