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If the mother was married to another man when the child was conceived or born, the court may refuse to order DNA testing due to equitable estoppel.
It is illegal to obtain a DNA sample from an alleged father for testing without his knowledge. Failing to obtain or to misuse consent could result in penalties of up to three years in prison, a fine, or both.
DNA testing a father and child only can help to confirm paternity when there are doubts over a child's biological father. It is possible to carry out this test with only the potential father and child. We do not need the mother's DNA to carry out this type of paternity test.
Who May File a Paternity Petition? The petition may be filed by the child's mother, by a man who believes he is the father of the child, by the child or by the child's guardian.
If the question is about FORCE - no, you cannot force the father to take a DNA test. And the mother (assuming she has custody) cannot be forced to have a DNA test taken of her child. Unless there is a court suit to determine paternity and child support.