Unmarried fathers may need help making use of their basic parental rights. In some cases, they can establish paternity by cooperating with the mothers of their children. Other times, unmarried fathers face pushback rather than acceptance from the mothers of their children.
A relationship that has soured may inspire the other parent to interfere with attempts to establish paternity. Other times, there could be uncertainty about paternity because there could be more than one man who might have fathered the child.
Men may request genetic testing in cases where they want to establish legal paternity and prove a genetic connection with a child. Can mothers refuse to submit to genetic testing out of concern for their children?
Standard genetic testing is not invasive
Parents have an obligation to act in their children’s best interests. Parents with minor children often have to make decisions on behalf of those children regarding their medical care. Parents can decline certain types of medical treatment that are invasive, dangerous or against their religion.
In cases where fathers may want to establish paternity early, the mother’s consent may be necessary to conduct genetic testing during a pregnancy. The process involved does come with a degree of risk for both mother and child. It may be reasonable for expectant mothers may insist that they want to wait until after birth to conduct genetic testing.
That being said, there is no scientifically reasonable justification to decline genetic testing after the birth of the child. The testing is non-invasive. It involves the cheek swab, so even in cases involving rare medical conditions that affect clotting and could make blood draws risky, genetic testing can still occur without endangering the child in any manner.
Provided that the courts order a genetic test to validate claims of paternity, the mother of the child usually cannot decline the test on the basis of it being invasive or unsafe. Genetic testing is relatively fast and reliable. Provided that the test does affirm a man’s genetic relationship to a child, he may be able to request an allocation of parental rights and responsibilities after the test validates his claim of parentage.
Understanding what happens when attempting to establish paternity can help fathers feel more confident about asserting their rights. Mothers typically cannot prevent fathers from requesting genetic tests in cases where there are questions about paternity.