[snooter66]

I am 33 years old and live in Massachusetts. My supposed father lives in Florida, we have recently contacted each other and after a couple conversations he agreed to do a DNA test, now all communication has stopped. I really need to know for sure if he is my father he has admitted to always knowing about me but he couldn't contact me because he was wanted by the law when I was born so he had to leave the state. Now my older sister and brother's father is listed on my birth certificate as my father but it has NEVER been a secret that he is not my father my mother just wanted all of us to have the same last name. She lost custody of me when I was young and the state took custody of me and I was put up for adoption but never adopted. I am married with two children of my own and it is very important to me to get this cleared up. Is there anything legally I can do about this?

[smoothy]

No... his legal rights excede yours in this case... all you can do is ask him.. if he says no.. you have to live with that.

[AK lawyer]

... Now my older sister and brother's father is listed on my birth certificate as my father but ...

Let me get this straight:

Your "sister" is shown on your BC? As your sister, not your mother, right?

Your brother's father is shown as your father? By "brother", I assume you mean half brother, born to your mother but not the son of your biological father. Am I understanding this correctly?

... Is there anything legally I can do about this?

Very doubtful. I am not aware of any states or countries which allow you to sue for paternity testing unless you are also contending that the defendant owes you money, such as child support (which would have been owed to your mother, not you, anyway). Since you are an adult, it is doubtful that even your mother could sue for child support at this late date. There are only two possible grounds for suing him, that I can think of:

1. A suit by the state for past-due chilld support( if your mother received public assistance to raise you - assuming the claim wouldn't be barred by the applicable statue of limitations); or
2. a suit by you, after he dies, for a share in his estate.

[snooter66]

Yes my Half brother and sister's father is listed as my father on my birth certificate but he is not my father. Yes my mother received assistance for me from the state until we were taken by the state and placed in state custody so seeing that how would I go about seeing if the state would go after him for me?

[AK lawyer]

... how would I go about seeing if the state would go after him for me?

Contact them and ask them. You might want to tell them that (if I understand you correctly) you have recently discovered his whereabouts and want to know if they would be interested in pursuing it.

[snooter66]

Thanks so much I am going to look into it :)