Disputing Parentage and Genetic Testing

As per the statutes of the California law, a male partner who is being established as the legal father of a child, has the right to dispute his parentage and request to undergo a DNA analysis or genetic testing to establish the authenticity of his biological relationship with the child. Since the DNA of every individual is unique and usually a child inherits several sets of DNA from both his father and mother, an analysis of the DNA coding can be a sure shot way of determining the biological relationship between the parents and the child. The parentage laws in California are quite complex. There are several cases, wherein an individual is declared by the court of law as the legal father of the child, even though the genetic tests prove otherwise.

When can you request a paternity test?

More often than not, it is advisable to go for a paternity test at the very beginning of a case. If an individual receives a Summons and Complaint Regarding Parental Obligation by an individual or Local child support agency, he has a period of 30 days from the date of being served with the legal documents, within which he can file for a response and request a paternity test to establish the parentage. In the event that the individual fails to respond to the complaint within 30 days of being served, the court of law has the right to attribute him with the legal parentage even without a paternity test. 

How to proceed after the results of the paternity tests are out?

Once the results for the genetic testing are determined, you can consult your lawyer to assist you in deciding upon the most favorable option for you to proceed with. For example, if the test result reveals a high probability of you being the biological father of the child, you have the option of either accepting the parentage or going to the court for contesting the paternity case. If however, the test results reveal that there are extremely low chances of you being the father of the child, the parentage case filed against you will be automatically dismissed by the court. In addition to this, if an individual does not approve of the test results, he has the right to request a re-analysis of his DNA at extra charges.

Generally, if a court has already issued an order establishing your paternity with the child, it is nearly impossible to dispute the verdict and request for a genetic test.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.