How is paternity established if the father is not available to take a DNA test?
In California, paternity can be established if the father is not available to take a DNA test. When the father is not available, the court may still order paternity tests for the mother, child, and a relative of the father. This is typically called a “3-party paternity test” and it can help prove that a certain man is the biological father of the child. Another way paternity can be established in California is if the alleged father has signed a voluntary Declaration of Paternity. This is a form that both the mother and father will sign in a hospital at the time of birth, or at a later date in a county court or vital records office. In California, the Declaration of Paternity creates a legal father-child relationship, and therefore the father is responsible for the child’s emotional and financial support. Lastly, paternity can be established if the father has been ordered by the court to pay child support. This means that by law he is legally the father of the child, even if the biological facts have not been tested or documented. In all of these cases, paternity can also be challenged with a DNA test if the father refuses or fails to accept the alleged father status. A DNA test is the best way to determine the biological father of the child.
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