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Commonly Asked Questions about Paternity Laws

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.
In the United States, where a child is conceived or born during wedlock, the husband is legally presumed to be the father of the child. Some states have a legal process for a husband to disavow paternity, such that a biological father can be named as the parent of a child conceived or born during a marriage.
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.
Mothers generally cannot decline to present a child for paternity testing and have to abide by the determination of the courts in a paternity case. If the testing affirms a mans claim that he is the father of the child, the state can acknowledge his paternity and have his name added to the birth certificate.
287, 287 (1987 Supp. 1990), which limits rebuttal of the marital presumption. These states are: Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Minnesota, Missouri, Montana, Nevada, New Jersey, North Dakota, Ohio, Rhode Island, Washington, and Wyo- ming.
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.
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.
The father of a child born to an unmarried woman is not the father for legal purposes unless: A valid Acknowledgement of Paternity (AOP) form (PA/CS 611) signed by both parents is on record, or. A court has entered an order that establishes the legal father of the child. Establishing Paternity - Fayette County, PA fayettecountypa.org Establishing-Paternity fayettecountypa.org Establishing-Paternity
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.