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Legal requirements do DNA test to determine the father of the child
04-May-2023 (In Family Law)
I am in my late twenties, and 90% sure that this person is my biological father, based on information by my mother. Have never met this individual. My mother has also had no contact with him since the pregnancy. On my birth certificate, father is listed as "Unknown". Are there any legal requirements for this person to do a DNA test to determine if he is the father? If so, how is this done? If not, is there any legal recourse to set up an independent party, such as county police, to relay information to said individual? Backstory is, I sent a letter to this individual recently which was received by I believe a relative who lives at the residence. They believed it was a scam and responded with a threatening tone if I tried to contact the individual again.
Ideally in cases such as these, the most important fact that has to be considered is that the person who is the alleged father, is known or not. In your case, it is necessary to determine that on what basis does your mother claims that the concerned person is your father. Only then can we proceed further in this regard and take a legal action.
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Adv. Shobhit Shukla
Delhi | 25+ Answers
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Sending letter to that individual is not an option we can file a complaint of that individual for thereatning and we can also file a suit for getting done DNA test through court. Please calk for more details.
Thanks
Thanks
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Adv. Sumer Jain
Delhi | 25+ Answers
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Sir
At the first instance the court will not go for DNA testing as if you raise such issue of claiming legitimacy of paternity then in such cases the court presumes that you are the one telling the truth.
The burden of proof that you are not his child is on the father .
He will have to proof in the court that he did not have any access to your mother before the time of pregnancy .
Rest details are quite conceptual thus you need you to contact for the same
At the first instance the court will not go for DNA testing as if you raise such issue of claiming legitimacy of paternity then in such cases the court presumes that you are the one telling the truth.
The burden of proof that you are not his child is on the father .
He will have to proof in the court that he did not have any access to your mother before the time of pregnancy .
Rest details are quite conceptual thus you need you to contact for the same
Helpful?
43+
43+
Adv. Mohit Rana
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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