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Commonly Asked Questions about Paternity Law

Unless the court orders a paternity test to be taken, you can refuse to get one. However, establishing paternity has many benefits for both parents who wish to be in their alleged childs life. Not to mention that refusal of a court-ordered paternity test can result in severe civil penalties.
We have highlighted how it is not possible to force a person to take a DNA paternity test without intervention by the Court. And even when a court orders the test to be performed it is still possible for the one of the parties to refuse with all the legal ramifications that come with it.
Refusal to comply with a court-ordered paternity test is illegal, meaning the person refusing the test may face consequences such as fines or criminal charges like being held in contempt of court.
In the State of New Jersey, paternity establishment is how a biological father becomes the legal father of his child if he and the mother are not married. For unmarried parents, the only way a fathers name can appear on the birth certificate is if both parents complete a Certificate of Parentage.
Despite the clarity of this data, the United States maintains no federal law guaranteeing paid parental leave. In fact, the only federal statute regarding parental leave is the Family Medical Leave Act (FMLA), which guarantees 12 weeks of unpaid leave for new parents.
If you file everything correctly and serve the person you think is your childs father, you will get a hearing with the judge. If at this hearing, the man you think is the father denies that he is your childs father, then the judge will often require him to get a DNA test to resolve the issue.
If you have talked to the other parent and he denies that he is the father of the child, he can sign a denial of paternity form. This allows you to move forward with the adoption.
The answer to this question is almost always no, especially if there is a court order granting custody and parent-time to your childs father.