Adult Paternity Testing Services
Unwilling Adult Paternity Test - Can I Be Forced to Take a Paternity Test After 40 Years?
The not-so-simple answer to this question is “maybe”. Paternity testing is often used to establish who the father of a minor is for such uses as child support and other options that deal directly with the welfare of a child. After 40 years have passed the child has since turned into an adult the willingness of many courts to force a paternity test unless there is a legally binding reason (i.e., inheritance or claims made against the suspect father) varies greatly from state to state with most states leaning towards the option of not forcing a paternity test when no legal or material cases are present.
Let's take a look at two examples to help explain this further.
Ricky was born 42 years ago to his mother Vicky and his father David. When Ricky was young his father passed away and recently his mother also passed away. Before she passed on she told Ricky that David was not his biological father and at the time she had an affair with another man, Steve, who was also married at the time. Ricky confronts Steve who is still alive with these facts and he denies them. Ricky approaches the court asking for a paternity test to help identify Steve as his biological father. The court decides that since there is no legal matter before them that they cannot force Steve to take a paternity test.
In this case the court decides that since there was no legal reason for establishing paternity that there was no precedent to force Steve to take the paternity test.
Let's look at another example, this time with a legal matter at stake.
Drew was born 45 years ago to his mother who was not married at the time. When his mother passed away two years ago she told him that she suspected his biological father was a man named Bob Smith who now resided in Orlando , Florida . Drew spent two years tracking down Bob Smith and found out that because of a large inheritance passed down to him that he was quite wealthy. This angered Drew because both him and his mother had lived a simple life often working two jobs to make ends meet while his potential father never had to work a day in his life. Drew takes Bob Smith to court challenging that he is entitled to part of the inheritance because Bob Smith is his biological father. The court reviews this case and determines that since there is a financial matter at stake – if Bob Smith is the father then Drew is entitled under law to part of the inheritance – that a paternity test is needed and is so ordered by the court to be carried out.
In this example the financial matters involved set a clear precedent for the court. Drew was entitled to his share of the benefits if indeed Bob Smith was his father. The court had no other choice but to order a paternity test to settle the matter for both parties involved.
Courts differ from state to state on the question of will they enforce a paternity test after an established number of years. There is no simple answer to this question, and the Supreme Court of the United States has not heard any cases which could provide guidance. If you are thinking of pursuing a paternity test and it has been 40 or more years your best bet is to contact a lawyer and explain why you wish this test done and who the suspected father is. They can advise you of your chances of having the test ordered by the courts and if it is worth it to pursue at all.