My boyfriend of almost 9 years denies sleeping with this girl which at the time we were separated, but she got pregnant and is saying the child is his. He denies it's his child and wants to do a paternity test but the mother of the child will not agree. The baby is now 2 months old and the mother of the baby named him after my boyfriend. Can he take her to court for the paternity test since she named the baby after him without his consent? What are his rights?

Someone who knows actual law will be around soon enough but I need to say some things...

Does she really need his consent to name the baby "after him"? It's just a name.

Is she asking for support? If she's not, then a paternity test may be a bad idea... what if it comes back that he IS the father?

This is a legal question so has been moved from the children forum.

A parent is allowed to name their child whatever they want. But unless she is listing him as the father or asking for child support I don't see the grounds for demanding a paternity test. However, if there is anything happening that identifies him legally as the father, then he will have the right to demand a paternity test.

She can name the baby anything she wants,

He will just need to file a motion in family court for a DNA test, she can not refuse a court order

He files for visitation based on the fact the child "might" be his. That way he can get a court ordered DNA test. She can not refuse.

Ok well if it turns out not to be his child can he force her to change the baby's name since its not his?

No, a mother is free to name her child any name she wishes, He has no control over that.

So she can honestly make the baby a junior n use his last name of its not his? That doesn't seem right or fair

I could name my child Michael Jackson for example. Junior is just a title, not part of the actual name.

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

An OTC paternity test won't do anything but cost you money as it is not recognized by the court.

He doesn't care if it is recognized by the court he just wants to know if he is the father. If he is or isn't either way he wants nothing to do with the child he is taking it to stop drama not for visitation or rights of the child. Is it illegal to do an OTC test without the consent of the mother?

No, it's not illegal. Keep in mind that the results are not 100%, which Court-recognized testing is.

If he wants nothing to do with the child ("if he is or isn't either way he wants nothing to do with the child")why is he taking the test?

There will be no drama if either party takes the other to Court.

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

How does he expect to do it himself without a DNA sample from the cihld?

Does he need the mother of the baby consent for an OTC paternity test or can he just buy it and do it himself?

First, as AK noted, a DNA match requires two samples. Unless the mother is allowing him visitation how would he get a sample from the child?

Second, If he doesn't have access to the child ans would be the case if he is denying it is his, then an OTC test would do no good since it would require the mother to consent to supply a sample.

I didn't catch the part where he doesn't see the child. I believe he can do home DNA testing using saliva of the child (and, of course, himself) without the mother's consent. Of course, the test isn't Court-recognized but...

I didn't catch the part where he doesn't see the child. I believe he can do home DNA testing using saliva of the child (and, of course, himself) without the mother's consent. Of course, the test isn't Court-recognized but ...

True, but it's hard to imagine how he would get a saliva sample. It's done on TV using subtrafuge, but...

Generally he would have to be in the same place with the child and then steal a baby bottle or something. :)

He only sees the child if the mother drops the baby off at the grandmothers (my boyfriends mothers house).

This is the deal, the OTC test is not 100 percent. And how would that stop any drama, mother can claim he never did it, or had someone else do the test, not the child. A OTC test proves nothing and will not stop any drama.

Next sorry, but if he is, the father and the mother proves it though the court, he will be writing a check every month for the next 18 years.

In your original question you stated he is denying the child and his upset over its name. You asked what his rights are. We told you he has none unless she tries to support from him.

If he wants to do an OTC to see, in his own mind, whether its his child or not then he can get a sample while the child is at the grandmother's (apparently your boyfriend's mother thinks it his child). But that is the ONLY thing the OTC will do, give him a probability that the child is his. Then he can decide to pursue visitation and ask that the court order a test. Or the mother can pursue support and he can demand a test be done first. That's the story.

True, but it's hard to imagine how he would get a saliva sample. It's done on TV using subtrafuge, but ...

Generally he would have to be in the same place with the child and then steal a baby bottle or something. :)


Not that I have any experience in this type of thing but a friend's dog told me that you swish the swab around in the baby's (drooling) mouth and that's that.

As I said, not that I would know.

And, yes, the argument would be that it was the dog's saliva.

My boyfriend of almost 9 years denies sleeping with this girl

I'm a bit confused. Why does he want a DNA test when he didn't have sex with her? You stated that he wants to know if he's the father. Well, in order for him to be the father, he'd have to have had sex with this woman. If he didn't, which is what you said in your original post, then I don't understand what the issue is.

I'm a bit confused. Why does he want a DNA test when he didn't have sex with her? You stated that he wants to know if he's the father. Well, in order for him to be the father, he'd have to have had sex with this woman. If he didn't, which is what you said in your original post, then I don't understand what the issue is.

Good point - excellent point, in fact - but I read that the "father" wants the DNA test in connection with the mother naming the child after him and what can he do about it - ? The answer, of course, is nothing.

Maybe the DNA will prove he's not the father.

I think the "average" person would simply say he's not the father and see if the mother pursues a Court action.

But then again - who knows.

Does he want the test done or do you want the test done? If he didn't sleep with her, end of story. He has nothing to worry about and the two of you shouldn't be concerned about it.

However if you don't believe him about not sleeping with her, perhaps you want the test done.

Odd that the baby sometimes goes to his mother's house if he can't be the father since he didn't sleep with her. How is she the grandmother if he is not the father?

Does he want the test done or do you want the test done?

However if you don't believe him about not sleeping with her, perhaps you want the test done.

Bingo!


Odd that the baby sometimes goes to his mother's house if he can't be the father since he didn't sleep with her. How is she the grandmother if he is not the father??

Another good question.

Well, "Doula" certainly summed it all up - and very well.