What rights does an adult have to leagally force the issue of establishing paternity? The father listed on the birth certificate it incorrect. If the adult child has no rights can a grandchild or great-grandchild force the issue, even if only for medical and corrected document reasons?

Fr_Chuck

In some states, if the incorrect father is listed on the birth records there is nothing you can do, period, some states even if DNA proves he is not the father will hold the listed father responsible for child support and not give the real father any rights what so ever.

And unless the court will reconise the real father as the father, then grandparents would not have rights, since by "law" they are not the grandparents.

Is a man beleives he is the bio parent, he should sue in court for a DNA test to prove it, he would then have to petition the court to have the birth certificate corrected ( in those states that will hear and accept such cases)

At that point, he will be due child support but also due visitation rights that he can petition the court for.

As for as grandparents rights, not all states give them at all, in those that do you would have to also file for them in court after the bio father has proven he is the father.

Long and expensive process, you will need an attorney for the bio father, and an attorney for the grandparents if they also wish to have legal visitation rights. You will have to file suit in court to petition to force a DNA test.

jalapeno

That helps quite a bit thank you, but I'm sorry I wasn't clear. The adult is the "child". It is my father's birth certificate that has the incorrect bio father listed. My father (now almost 50) would like to find out who his bio father really is. Does he (my father) have any rights and if not, do I have any legal right to push in the interest of my minor child? The unidentified "father" would be my son's great-grandfather. Does that make any more sense? It's difficult to communicate such a muddeled condition in type lol.

CaptainForest

No it’s not. You did a fine job explaining it. I understand what you mean.

And unfortunately, you don’t have any legal recourse. Although you could grab a swab of his DNA and test it privately yourself.

If Former Mayor Mel Lastman’s “adult kids” can’t get the court to order a DNA test on Mel, than I doubt you will be successful.

But then, I guess it will be based on the judge and the laws in your area.

Ontario, Canada here.

Fr_Chuck

sorry, no I guess it did say that, I was not thinking that an "adult child" would not have that much interest in changing a birth certificate.

If they know who the other person is, or can get the mother to tell them who it could be, there could be a chance if you look at the inheritence angle of it, since as the bio parent, the adult child would have a right to part of the real fathers estate.

But you would have to have fairly convincing evidece for a court to order someone to take the DNA test if they did not want to.

But honestly DNA does not a father make, the real father is the person who raised this person, and who he calls dad. I have a bio parent and I have my adoptive parents, the bio parents are merley the serm donors in my opinion of it, but parents are the ones who raised you.

It is all good for a family tree but I see no need in changing any legal document esp if the son has no interest in it.

Jenny429

I don't know if this is ok.. I have a question that seems to go under this same topic.

My issue that I"m 30 years old and my biological father has a lot of money. My father has denied me and concocted LIES to his kids about me, and all I want is for him to have a blood test. If he is NOT my father, I'd like to know who my father is. Now we are talking about an ex-politician, and large business owner. Is there any recourse I would have? Is it something I can bring to court to have him go with the test?

When I was just 2 years old my mom went on welfare so she could go back to school.. The state took him to court and he denied me.. They did take his blood but back then the paternity tests weren't as advance.. For some reason they took the blood and never used it.. My mom said his blood is still held at the hospital.. I'm going to see if I can go that route, but if I can't.. what kind of rights do I have, or options??

thanks

fredg

Hi, Jenny,
I am not a lawyer, nor a Professional in this are.
I would contact a lawyer and see what your legal options are. DNA testing can now be done with just a swap of saliva, but getting the person you want to test to agree with it, might take a lawyer; if it's possible.
I do wish you the best, and good luck.

Jenny429

Would you happen to know how long court records are kept and if I would be entitled to see the records? My biofather's daughter is claiming that the court records proved my father was not in the northeast during the conception period.