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Forcing a Paternity DNA test

Legal advice ! The father of my daughter is denying she is his. I asked to get a DNA test done but he won’t. Can the Court make him do it? Please advise.

As you are are the mother of your daughter you know perfectly well that he is the father.  The specific answer to your question is no, he cannot be forced to get a DNA test done (in that he cannot be arrested and a test taken against his will).  But if you apply to Court for maintenance for your daughter and are prepared to give clear evidence about his paternity he can only definitively disprove your evidence by getting a DNA test. 

Of course, apart from the emotional and immediate economic importance of proving paternity, there is also the longer term aspect of inheritance.  If the father of your daughter should die, she as his daughter would have the right to make a claim against his estate if he did not mention her in his will. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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