How to Get a Paternity Test When the Mother Refuses

Establishing paternity of a child after the end of a relationship may involve discussion, negotiation, mediation or legal action. A putative father may want to know if the child is his so he can establish a relationship with the child and begin providing monthly support. But, even in this case, sometimes the mother refuses to get a paternity test. Here's how to get a paternity test when the mother refuses.

Step1
Talk to the mother of the child and let her know you want to establish paternity of the child.
Find out why the mother does not want to submit herself or the child for a paternity test.
Pursue the paternity test, if possible, without having to file a paternity lawsuit and request a DNA test.

Step2
Find out your rights if you believe you are the father of the child.
Understand that, just because you file a petition for a paternity test, the court is not obligated to order the test. The judge has to determine if sufficient evidence exists, based on the petition, to order the child's mother to undergo the testing and take the child for testing.

Step3
Hire an attorney.
Explain to your attorney that you have tried to establish paternity with the mother of the child you believe to be yours.
Let your attorney know that you want to know for sure whether you are the child's father so that you can establish visitation, a relationship and begin paying for his or her monthly support.

Step4
Ask your attorney about applicable paternity law in your state.
Request the appropriate legal forms so you can file your paternity lawsuit.
Inform the child's mother that you have filed a paternity lawsuit. This has the effect of obtaining a court order to determine the child's paternity and preventing the mother from pursuing an adoption of the child by her current husband without your consent.


Step5
Appear in court on the date and time appointed for the paternity lawsuit hearing.
Answer your attorney's questions and those of the mother's attorney. Be truthful, courteous and calm. Make your request for a paternity test through your attorney. The judge will listen to you and order a paternity test if you present compelling evidence in a professional manner.
Request that the child's mother be held in contempt of court if she disregards the judge's court order.