The DNA tests available online have confirmed that I am not the biological father of my 2 year old daughter. How do I get a legal paternity test enforced if my wife does not give consent to the legal paternity test? The results of the legal DNA test need to be admissible in a court of law deciding on an eventual divorce petition. We are currently living together and are not divorced.
Can the results be used file for divorce on grounds of adultery? I also want to retain my parental / legal guardian status of my daughter after the divorce.
To prevent any emotional distress to my daughter later on when she grows up to understand the implications, and in her best interests, can the mother be forced to name the biological father?
Yes. And despite knowing this now, I love my daughter with all my heart. She melts me when she says daddy I love you.
The DNA results came in 2 weeks ago. And this amounts to adultery. So how can I get a court to order a paternity test if the mother refuses to give consent the legal DNA test?
Thanks Clare. Is there a specific law that I can refer where it clearly states that the mothers consent, knowledge or involvement is not required for the DNA test as long as I am the named father on the birth certificate with parental responsibility.
Hello Clare, I have contacted Cell Mark to conduct the tests and they have said they will need the consent of the mother before they can progress with the test. Or else, a letter from a solicitor which states that I have the parental right to authorise this test.
When you explained the process yesterday, I understood that as long as I am the named father on the birth certificate, the mothers knowledge or consent is not required.
Thank you Clare.
I have no interest in naming and shaming that man or my wife. This world has nothing to do with what has happened here. This is something that me and my family have to deal with. And likewise that man's family has to deal with it the way they think is appropriate.
For me, justice would mean the following:
That my wife and that man admit truthfully to what they have been doing. And this admission should be to his own family and me. And likewise for my wife to admit to me and his family.
I then want that man and my wife to consent to a DNA test to establish the biological origin of my daughter. I want to use that result to divorce my wife on grounds of adultery. After divorce I want us to continue living in the same house with our children. I want to give us an year and see if we are able to love and respect each other once again. And if yes, then we again get married to each other.
Would all of this be wrong on my part to expect?
Hi Clare, I got Cellmark to collect DNA samples for my daughter and me. As you rightly said the birth certificate was good enough for my consent to hold.
Can I use the "declaration of parentage" application to name the other man and get a court to order a DNA test for that other man? Isn't establishing the biological origin of a child recognised by judges and the family justice system to be of utmost importance? Thanks. Sid
I spoke to the putative fathers wife yesterday and showed her the email exchanges. She said she will try to get him to come forward for the DNA test but she hasn't responded yet.
She then asked me what kind of samples will do if she could get it. And I said that Cellmark would need the putative father to appear in person.
I dont want my name removed from the birth certificate. Neither does my wife want that. But she refuses to name the putative father. She just won't talk.