Can paternity testing be illegal in a country?
Yes. Each country has their own rules and may deem paternity testing illegal under certain circumstances. It appears that some countries view peace of mind DNA tests and Ancestry test negatively.
Please note, Paternity Express is familiar with the paternity testing guidelines for the United States. International countries have their own jurisdiction therefore you will need to research that country’s paternity laws.
If you are performing a paternity test and you reside in the United States performing a paternity test is legal. There are a couple countries like France that performing a paternity is deemed illegal unless you are performing a genetic test for legal or immigration purposes. Peace of mind DNA tests are not allowed in France.
If you require non-immigration paternity test for peace of mind purposes. We recommend that you research the country abroad paternity laws to avoid any penalties or fines.
Is It Illegal to perform Paternity Test without consent?
It is not recommended that you perform a paternity test without the consent of the mother or legal guardian of the child. Performing a DNA test for legal purposes requires consent therefore you will not be able to perform a legal paternity test without consent. Children under the age of 18 must have their guardian present to perform a legal paternity test.
A father can perform a DNA test without a mother’s knowledge if he is married to mother of the child. Unmarried alleged biological fathers can perform a legal paternity test if their name is on the child’s birth certificate.
Attempting to perform a legal paternity test without consent, and the alleged father’s name is not on the birth, will run the risk of improper chain of custody and rejection of submission of your evidence to a Family Court Judge.
Paternity Test Requirements for legal purposes in the U.S.
In order to perform a legal paternity test you will need to know.
1. The legal guardian of a child under the age of 18 years of my be present at the time of DNA sample to give consent.
2. If the alleged biological father and child are being tested without the mother. The alleged father must provide a birth certificate bearing his name. If the father’s name is not on the birth certificate. Legally, he will not be able to perform a legal DNA paternity test without the consent of the mother or legal guardian of the child.
3.Both the mother and alleged father must have an update state ID at the time of their DNA sample collection appointment.
4.Please note, residents of New York State are required to provide one of the three documents before your DNA appointment can be coordinated. 1. A court order from a judge, 2. a prescription referral from a NYS licensed attorney and, 3. a letter from NYS licensed Family Law Attorney.
If you are unable to acquire one of the three item listed. We will not be able to schedule and coordinate you paternity testing appointment. To learn more about our genetic testing process for all states. Contact our office today at 866-205-8356.