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So, yes you can refuse to undertake a paternity test, but a father can still perform a home Peace of Mind test without the mother's DNA. If a mother refuses to determine paternity for legal reasons, a court can order a paternity test be carried out.
Under Oregon law, no matter who has custody, both parents almost always have the right to access the child's school, medical, dental, police and counseling records. Both parents usually are able to authorize emergency medical care.
After the child's birth and any time until the child reaches age 18, the mother and child's father can establish paternity if they fill out and sign the Acknowledgment of Paternity form (Form DH-432) .
Up to one year after filing a Voluntary Acknowledgment of Paternity form or affidavit, either parent can request parentage testing.
Legally, the courts cannot force the man to take the DNA test, but with undergoing such a test, he stands to lose nothing and it will help the case to progress. If he refuses the DNA test on financial grounds, for example, an inability to pay for the DNA testing, the CMS will pay for it.
This process takes 30-45 days, but can take longer if a parent must be located. Please see Locating a Parent for more information. If the alleged father agrees he is the biological father, parents may sign a Voluntary Acknowledgment of Paternity ».
So, how is paternity legally established? In Virginia, paternity can be established in four ways: by marriage at least 10 months before the birth of the child (presumption of paternity); by genetic/DNA testing; by voluntary acknowledgement of paternity by both parents; or by lawful adoption of the child.
The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child.
When the father and mother agree that the child is his, paternity may be legally established by completing a Voluntary Acknowledgment of Paternity ». The form must be signed by both parents, notarized, and filed with Oregon Vital Records.
If paternity has been established, unmarried parents usually have the same rights and responsibilities toward their child that married parents have - custody, parenting time, and child support.