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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can anyone demand a paternity test of your child?

Customer Question

Can anyone demand a paternity test of your child?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Who is seeking the testing and for what purpose?

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

In order to obtain Court Order for a DNA test someone would have to show that there was a good reason for them to seek it.

This could be a belief that they are the father of the child (or grandparents if the father has died)

So whilst anyone can demand you do one - only someone with a good ground to believe they are related could force the issue.

If they did apply for a Declaration of Parentage and the DNA test s refused then the Court can simply assume that the person applying is indeed the father!

Please ask if you need further details

Customer: replied 1 year ago.
We were in a relationship before I started seeing my now partner who is the father of my baby. He is now trying to split us up by saying I was sleeping with him at the same time. I can't tell my partner it would break him. What are my legal rights, it's starting to become harassment.
Expert:  Clare replied 1 year ago.

I have to ask - are you certain that the baby is your partner's?

Customer: replied 1 year ago.
he is identical to my partner. I wasn't sleeping with him when I conceived
Expert:  Clare replied 1 year ago.

So agreeing to a Paternity test would not be a problem?

Customer: replied 1 year ago.
How do I do that without my partner finding out though?
Customer: replied 1 year ago.
Why does he get to mess my life up when his threats are unfounded
Customer: replied 1 year ago.
Is that it?
Expert:  Clare replied 1 year ago.

You do not have to agree - it will then be up to your ex if he chooses to spend money on a Court application if he wishes to do so.

If he says that he was your previous partnet this is likely to be good enough for a test to be ordered

If he does then of course you will have to tell your partner about the harassment - and the DNA test will show that you are telling the truth and he is not

If you need more informtaion them please ask