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Since the biological father is the only person who is allowed to file for legitimation, establishing paternity first is necessary to file for legitimation. If a father wants to file for legitimation regarding custody and visitation rights with the child, he must do so in the county where the mother resides.
§19-7-22. Genetic Tests: In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, alleged father and the child to submit to genetic tests.
Bottom Line. We have highlighted how it is not possible to force a person to take a DNA paternity test without intervention by the Court. And even when a court orders the test to be performed it is still possible for the one of the parties to refuse ? with all the legal ramifications that come with it.
If the father is unavailable, it's possible to get DNA from parents, grandparents, siblings, as well as aunts and uncles to complete a test, since they will share much of the DNA as the alleged father. But getting a DNA sample directly from the father will produce the most accurate result.
Determining Paternity without a DNA Test? Eye-Color Test. An eye-color paternity test shows how eye color and inherited-trait theory can be used to help estimate paternity. ... Blood-Type Test. ... DNA Test: The Only Sure Way.