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View Full Version : DNA testing for an adult child, and which state do I proceed?


scpierce
Dec 19, 2010, 09:43 PM
My mother and biological father were not married.when I was born, he forced my mother to sign a legal document stating that I am not his and will not claim that I am at any time in the future. My mother married and her husband adopted me when I was 2 and raised me until I left home at 15. My mother gave me the name, address, and phon e number of the man who she days is my fahter. I contacted him. At first, his wife insisted he have the DNA test done, then changed her mind and mentioned te legal document my mother signed. I want to know if this man is my father for many different reasons. I feel that this is my God given right. He feels as if I am not entitled and changed his phone number. I would like to proceed and have this done. He resides in Ohio, I was born in Ohio, I now live in Tennessee. Is there laws that can help me to force the issue? If so, in which state do I file? Any advise? Thanks for listening. Cathy

Fr_Chuck
Dec 19, 2010, 09:52 PM
No, there is no way you can force him to do any DNA test.

The paper your mom signed has nothing to do with it, and would not have been binding even on here.

She could have forced the DNA test when you were a child, but now there is no legal motion or legal action in court that could cause a test to be required.

And no, sorry you have no " GOD given right" I hope the dad who loved you enough to adopt you, was a good dad and he is your "real" dad since he was the one that was there for you.

There is nothing to file, so there is no where do I file answer

scpierce
Dec 19, 2010, 10:18 PM
In a perfect world he should have been there for me... but since we both know it is not perfect, that is not the way that it is. I appreciate you trying to help and advising me with the legal information, but I feel that you are a bit sinister with your opinion, although it was probably well intended. You have your beliefs, as I do, and yes I believe it is my right to know what my father looks like, and what health issues I may have to look forward to. The people in this world are slacking when it comes to responsibility, whether it be accecpting it or taking it. After talking to him, and finding that he is a negative source of emotion, I thought I may let this go, but I am still curious and want to know. Thanks for your input.

J_9
Dec 19, 2010, 10:34 PM
Legally, since you were adopted at age 2, your biological father is in no way required to submit to a paternity test.

Again, LEGALLY you don't have a right to this information.

scpierce
Dec 19, 2010, 11:37 PM
Isn't it a shame... people breed like dogs and can have just as much morality.. I am not heart broken, just that society has lost by lack of trying. Thank for your input

J_9
Dec 19, 2010, 11:45 PM
Yes, it is a shame. I am a labor and delivery nurse, so I see this kind of thing virtually every night that I work.

Synnen
Dec 20, 2010, 01:18 AM
As a birthmother, I COMPLETELY support the right of biological parents to NOT have to submit to DNA tests. You have absolutely ZERO legal connection to this person, and cannot force a DNA test.

You have NO RIGHTS to this person's life. Sorry, but the decisions about your life were made for you when you were too young to make them for yourself. I'm all for reunions when BOTH parties want them, but obviously one party in this situation does not.

I hate to sound harsh here, but you need to get over it. You do NOT have the right to know what he looks like. You do NOT have the right to hear his side of the story. You do NOT have the right to disrupt his life. Your rights end where his start--and his right to privacy is greater than your right to information.

The ONLY exception to this is if you have a medical condition that requires your medical history---and even then, it has to be done through the courts, and he doesn't have to have ANY contact with you when giving that information if he does not want to.

Get counseling and learn to live with the fact that your father (the one that raised you) loved you enough to adopt you and legally claim you.

PS--I wasn't slacking when I chose adoption for my child. I was making a choice based on the best interests of my child. Adoption does NOT equal "slacking".

ScottGem
Dec 20, 2010, 04:51 AM
So you have been told (and correctly) that you have no legal right absent a medical condition. Your mother wimped out (sorry to say) and signed a piece of paper that had and has no legal bearing. Even if she signed that paper it is NOT legal and if she had gone to court for child support, it would have been thrown out. I mention this only for other people reading this thread who might think such a document would be legal.

But, since you were adopted by your step father, that adoption ended any legal rights or responsibility of your biological father. This is assuming of course that the adoption was handled legally. The bio father would have had to agree to it but I can't see him not doing so.

No as to what you call your "God given right". You forget that the possible bio father also has rights and your rights end where his begins. Yes it's a shame that people don't take responsibility for their actions. But you can't force them to unless there are laws to do so. And the law favors him in this case.

scpierce
Dec 20, 2010, 04:08 PM
It was a question about my legal rights, if any. I understand this is a sore spot I only voiced my feelings. This is not a place for attacks on others... or is it.. so the law doesn't support adult children, fine,I don't agree with it but dang, chill

scpierce
Dec 20, 2010, 04:17 PM
That is what I am asking and that is it... is there laws.. No, there is not, I got that... why is it that so many people are angered or put on the defense by this simple question?

Fr_Chuck
Dec 20, 2010, 04:23 PM
Sorry, this is where legal advice, not moral support comes at,

You will get a lot more "love" and feelings" in the family area, if you want to talk about how it feels, or why it is not fair.

We can only speak from a legal side.

Even if the step parent had not adopted, as soon as the child is a adult, he and the mother loses the right to take the bio father to court, in almost all cases.

If there was an adoption, then the legal father is the adoptive father and all of the "rights" are his, under the law.

scpierce
Dec 20, 2010, 04:45 PM
I asked the question, do I have a legal right to find out if a certain man is my father? I was answered. no. I have no rights. Fine. Let me say, I have not lost any sleep nor am I crying over this. Yes, it was upsetting when they got my hopes up for the DNA test, and was let down. No big deal. I am 40 years old. I have wondered for years who he is. Some people say God doesn't give me the right to know this. Fine. I feel differently. God did give me the intellect to ask questions, to want and to pursue my desires in life. I am not forcing nor am I trying to force, nor aggravate a very sensitive situation. I asked a question. I gave the scenario. There was not DNA tests then for this situation. One person's word against another. There are test's today that do invade the "so-called" privacy of people who do not want to claim a child as their own. Now that there are such test's available, adult children from that time have no rights? Fine. This question was not about adoption. I am all for it and am blessed that the man I call dad did give me the moral and social values he did. We all have ideas and feelings to get upon our soap box and exclaim. Please, do not forget... we all have feelings, we all need something. We have only one life. There is no need to assume, point fingers, blame or ridicule anyone but ourself. After all, that is who we truly know. Thanks to everyone who answered my legal question. I know none of you to be assuming anything about you. I only had a question, no judgements. This is a sensitive topic for All who have ever been in it. Feel free to ask but not to assume.

scpierce
Dec 20, 2010, 04:53 PM
I never asked for my feelings to be supported here. I never asked for opinions. Many opinions/feelings were posted in reply. I asked a legal question, and given much more than I asked for

ScottGem
Dec 20, 2010, 05:45 PM
First, please don't use the Comments feature for followups.

Second, Yes you asked a legal question and you got that answer, but in addition you spoke about your "god given rights" and expected the law to support them. I think that is where you went off the track.

The nature of this site is that we try to help people not just answer their questions. So sometimes, after answering the specific question we offer additional advice that we feel will help the OP deal with their situation.

scpierce
Dec 20, 2010, 06:04 PM
So if not in comments where do I comment?

ScottGem
Dec 20, 2010, 06:25 PM
Use the Answer options for followups.

scpierce
Dec 20, 2010, 07:14 PM
How is this, many of the same ones are picking apart and getting stuck on certain terms and other's interpretations of the question and comments and using them to support how they feel personally about my question (and I am told this is not a place to look for support for my feelings?) but yet you can expect me to support and or not question yours? Again I said "i feel it is my God given right".. feel, I did not ask if you feel the same, I did not ask for empathy,I am not letting this man manipulate my feelings to where I need to go to counseling. I do not need a shoulder to cry on. This has gotten out of hand I am sick of you guys continually attacking a stinking question and a comment on what I believe God has given me... that has nothing to do with the legal question I asked, I was not politically incorrect and or stereotypical or attacking or demanding in any way... we know that we all have our own interpretations of the Bible and Life ( and we also know you don't persecute other's for their feelings or beliefs. Don't we?) some took a yes or no question and made it your place to vent and carry out your personal beliefs/agendas and expected no rebuttal.
I am quiet aware of the purpose of this site, that is why I came here in the first place for legal advise. I don't mind constructive or instructive information given. But I got so many of you saying one thing then the other contradicting the one before, each of us have varying opinions on what is right. But don't attack me because I don't agree.. that I, as an adult child of an unknown party, should not have a right to know who he is. The law is the law and I am all right with that.

ScottGem
Dec 20, 2010, 07:30 PM
No one "attacked" you. But there appears to be nothing more that needs to be said.

scpierce
Dec 20, 2010, 07:45 PM
See, again that is NOT what I said.. but u are right... the horse is dead

cdad
Dec 20, 2010, 07:46 PM
how is this, many of the same ones are picking apart and getting stuck on certain terms and other's interpretations of the question and comments and using them to support how they feel personally about my question (and i am told this is not a place to look for support for my feelings?) but yet you can expect me to support and or not question yours? again i said "i feel it is my God given right".. feel, i did not ask if you feel the same, i did not ask for empathy,i am not letting this man manipulate my feelings to where i need to go to counseling. i do not need a shoulder to cry on. this has gotten out of hand i am sick of you guys continually attacking a stinking question and a comment on what i believe God has given me ... that has nothing to do with the legal question i asked, i was not politically incorrect and or stereotypical or attacking or demanding in any way...we know that we all have our own interpretations of the Bible and Life ( and we also know you don't persecute other's for their feelings or beliefs. don't we?) some took a yes or no question and made it your place to vent and carry out your personal beliefs/agendas and expected no rebuttal.
i am quiet aware of the purpose of this site, that is why i came here in the first place for legal advise. i don't mind constructive or instructive information given. but i got so many of you saying one thing then the other contradicting the one before, each of us have varying opinions on what is right. but don't attack me because i don't agree.. that i, as an adult child of an unknown party, should not have a right to know who he is. the law is the law and i am alright with that.

I am going to say this. And I hope you understand it in context. Our constitution is based on "god given rights" and those have been passed into law. So even the "feeling" doesn't make it so. And on this section we adhere to the law to the best of our knowlage. We volunteer our time to answer the questions of others. So when you say its YOUR "god given right" and the law addresses it. Then there is no alternative. We have to tell you no it is not.

scpierce
Dec 20, 2010, 07:50 PM
Oops I did didn't I... well its been interresting

scpierce
Dec 20, 2010, 07:56 PM
Never said it did "make it so", only that is how I feel... my feeling, it has been picked apar since I said it in the initial statement. Nothing to do with my legal question, but sure has stirred up a hornets nest

Fr_Chuck
Dec 20, 2010, 08:12 PM
This is a legal section, and of course people here will often discuss and argue specific words, and the meanings of those words. That is what law is all about, discussion of specific meanings.

scpierce
Dec 20, 2010, 09:04 PM
And I have honestly enjoyed it, thank you

cdad
Dec 21, 2010, 04:09 PM
Comment on Fr_Chuck's post

--------------------------------------------------------------------------------

And I have honestly enjoyed it, thank you



Have a look around and check the other sections also. Welcome to AMHD.

ladyd215
Jan 13, 2011, 12:10 AM
@ scpierce. I agree with you 100%. I am not a lawyer but my father is going through the same situation. The people on here did attack you and they are wrong for doing so. They say the laws are built off the Bible well in the Bible it say "Thou shall not judge" yet we have judges to judge ones actions, Lawyers who bend the truth to get the judge or jury who judges to find you guilty or not guilty. Smh They can't point a finger. You do have the God given right to know. He changed his number well get it legally and call him back and talk to the wife and let them know what these lawyers said about the paper your mom signed not holding up in court and tell her you just want to know about if he is or isn't and about his Medical history. They have LEGAL sites where you can get information about people on the internet. You mat have to pay a fee but if you really search you'll find all the information you need for free. Like Numbers and addresses oh and kids neighbors even criminal history. Get back in touch with him and convince him to et it done and over with... :)

scpierce
Jan 13, 2011, 01:50 AM
Thank you for your input, I did locate his number and have his address, he acts so immature in this situation and his finger pointing and such, he misses my whole point. It's pretty sad to see a grown man to act this way. I may try again.

ScottGem
Jan 13, 2011, 04:27 AM
You do have the God given right to know. ...He changed his number well get it legally

This question was posted in the Family LAW forum here. Responses here have to conform to actual statute. While you may feel the OP has a "God Given" right to know. The law says otherwise. If the question had been posted in a different forum, your response may have been appropriate. In this forum it is not.

You tell the OP to get the new # legally. How do you propose to do that? If its an unlisted # or a cell number there is no way to get it legally and no court will compel him to give it.

And the OP was not "attacked", disagreed with yes, but not attacked.

Fr_Chuck
Jan 13, 2011, 06:12 AM
Also if he has told her not to bother him and she continues, he can get a restraining order or a protective order against her. *** which will not really look good on her record.

The mom should have, could have or would have, done many things, but she did not. A adult child except in rare cases has no standing in law, to require a DNA test of another adult.

tonyasquire
Jul 19, 2012, 10:22 AM
I am angry with all the people that answered with hostility. I have the very same situation. There apparently is no legal recourse but yes, we do have the right to know who our parents are , We do have the right to medical history and we do have the right to not be humiliated by having to say to ANYONE , I do not know for fact who my father is. Not because we do not know but because there is no proof. Morally if not legally , WE DO HAVE THE RIGHT!

JudyKayTee
Jul 19, 2012, 11:07 AM
I am angry with all the people that answered with hostility. I have the very same situation. There apparently is no legal recourse but yes, we do have the right to know who our parents are , We do have the right to medical history and we do have the right to not be humiliated by having to say to ANYONE , I do not know for fact who my father is. Not because we do not know but because there is no proof. Morally if not legally , WE DO HAVE THE RIGHT !!


I'd be happy to read who/what/where you got that right.

You're on a legal board - we take pride in our answers. Your righteous indignation helps no one.

If you want to preach morals, go on another thread.

If you want to know how the law reads, post here.

Maybe your father doesn't want you to know who he is.

Synnen
Jul 19, 2012, 11:35 AM
I am angry with all the people that answered with hostility. I have the very same situation. There apparently is no legal recourse but yes, we do have the right to know who our parents are , We do have the right to medical history and we do have the right to not be humiliated by having to say to ANYONE , I do not know for fact who my father is. Not because we do not know but because there is no proof. Morally if not legally , WE DO HAVE THE RIGHT !!

I don't have any proof that my father is who my mother says he is, other than that she said he is. And he RAISED me.

I would never even THINK of asking for a DNA test to "prove" he's my father.

Your issue is with your MOTHER, not your father and not the justice system. Either you believe her or you don't. If you don't like the fact that your MOTHER doesn't know who your father is--you need to seek counseling, not a lawyer. The LAW doesn't guarantee you ANY such right.

ScottGem
Jul 19, 2012, 12:07 PM
I am angry with all the people that answered with hostility. I have the very same situation. There apparently is no legal recourse but yes, we do have the right to know who our parents are , We do have the right to medical history and we do have the right to not be humiliated by having to say to ANYONE , I do not know for fact who my father is. Not because we do not know but because there is no proof. Morally if not legally , WE DO HAVE THE RIGHT !!

Normally I would have removed your post since it was posted a thread over a year old. But your anger and indignation deserves addressing.

The title of this forum is Family LAW. Answers here have to conform to statutory law. We agree that you have a right to medical history. But you do not have a legal right to anything else. And if there was any hostility in this thread it was due to people claiming a legal or even moral right that they do NOT have. Morally a person has the right to privacy. That right supercedes any rights you think you have.

scpierce
Jul 24, 2012, 09:03 AM
I don't have any proof that my father is who my mother says he is, other than that she said he is. And he RAISED me.

I would never even THINK of asking for a DNA test to "prove" he's my father.

Your issue is with your MOTHER, not your father and not the justice system. Either you believe her or you don't. If you don't like the fact that your MOTHER doesn't know who your father is--you need to seek counseling, not a lawyer. The LAW doesn't guarantee you ANY such right.

Apparently you did not read the post.. you know the issue that my father denied me and I have learned I have a right to my medical history and if he denies and I cannot prove I cannot get the medical history..

Great your situation has been perfect, not everyone is that blessed..

AK lawyer
Jul 24, 2012, 09:17 AM
apparently you did not read the post..you ....

Huh?

You started this thread some time ago. But recently, somebody else, "Tonyasquire", picked it up. Synnen was responding to Tony, not you.

So why should Synnem read your post to respond to Tony?

scpierce
Jul 24, 2012, 09:49 AM
Huh?

You started this thread some time ago. But recently, somebody else, "Tonyasquire", picked it up. Synnen was responding to Tony, not you.

So why should Synnem read your post to respond to Tony?

He is passing judgement on others who he knows nothing about and I feel he was wrong to assume where the issue lies. There was not enough detail to come to that conclusion only his opinion and since this IS a law providing thread, opinions are irrelevant, as was already stated by so many willing to throw their opinions around. Sorry if you feel that I am wrong, but I do not. This has turned into a bashing session over the past year and perhaps they could discuss their opinions of this matter else where.

JudyKayTee
Jul 24, 2012, 10:07 AM
He is passing judgement on others who he knows nothing about and I feel he was wrong to assume where the issue lies. There was not enough detail to come to that conclusion only his personal opinion and since this IS a law providing thread, opinions are irrelevent, as was already stated by so many willing to throw their opinions around. Sorry if you feel that I am wrong, but I do not. This has turned into a bashing session over the past year and perhaps they could discuss their opinions of this matter else where.


I thought SHE said very clearly that the law does not grant you the right to demand to know (or know) anything about your parents.

ScottGem
Jul 24, 2012, 11:19 AM
He is passing judgement on others who he knows nothing about and I feel he was wrong to assume where the issue lies. There was not enough detail to come to that conclusion only his personal opinion and since this IS a law providing thread, opinions are irrelevent, as was already stated by so many willing to throw their opinions around. Sorry if you feel that I am wrong, but I do not. This has turned into a bashing session over the past year and perhaps they could discuss their opinions of this matter else where.

Who is he?

The fact is the law does not guarantee the right to know your biological parents. In many cases, you can get medical history info, but that is all. This was how you were answered when the question was originally posted.

Recently the thread was revived by Tony and HIS post was responded to similarly. I suggest you review my response to tony in post 33.