I have heard from attorneys (in my state) that even if a father has signed the birth certificate if he is not married to the mother he is not legally presumed the father until he files for paternity in a court of law. Hence, he has no custodial or visitation rights. If he wants rights, DNA testing is done and he is declared the father. This is not my question. My question is about the infant DNA tests preformed hospital I hear people taking about. If the father were to request a DNA test while the baby is still in the hospital I am under the impression the mother would have to approve it (before the courts are involved). Are the early hospital DNA tests admissible in court? If they are I'm sure it would give the father a head start in obtaining rights. Or will the father still need to have another one done when he files for paternity (and the visitation or custody rights that can be obtained with that)?

If the father is listed on the birth certificate, I see no reason they can not OK medical tests for their child in the hospital.

It will be up to the court, many courts only accept certain labs who are state certified.

If properly documented, a hospital DNA test should suffice. But the father also has the option of signing an acknowledgement of paternity and, if done, this forgoes the need for a DNA test.