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pioji · May 22, 2014, 11:05 AM

My uncle lived in another country years ago, now some guys is saying its his son. Can they get a dna test long distance? Or does my uncle have to flight out there?

pioji · May 22, 2014, 11:09 AM

Can an adopted over 18 kid, get rights, money a last name over the biological father who never knew he existed?

smoothy · May 22, 2014, 11:10 AM

Your uncle doesn't have to fly anywhere... they are making the accusations... they will have to file through the courts... the courts if they find cause will order them to go to a local lab to had them done and the results will be retained within the court system... and forwarded. Private DNA testing isn't admissible due to chain of custody issues... meaning either the sample or the results could be altered.

smoothy · May 22, 2014, 11:14 AM

Originally Posted by pioji

Can an adopted over 18 kid, get rights, money a last name over the biological father who never knew he existed?

It all depends on where you live. Most places you have no "rights" to anything if there is a will that leaves you nothing. Particularly since upon adoption all legal rights of either side pertaining to each other are severed...

But again... laws vary... and the world is a very big place... What country and even what state you live would be needed before a more specific answer can be given.

pioji · May 22, 2014, 11:15 AM

Thank you. This kid is 18 and he only wants to know who his father is, I think he was adopted, somehow he found his biological mother and she told him about my uncle. But his not even sure this is his son u know?

Originally Posted by smoothy

Your uncle doesn't have to fly anywhere... they are making the accusations... they will have to file through the courts... the courts if they find cause will order them to go to a local lab to had them done and the results will be retained within the court system... and forwarded. Private DNA testing isn't admissible due to chain of custody issues... meaning either the sample or the results could be altered.

smoothy · May 22, 2014, 11:22 AM

At 18, then the suspected father can't be compelled to even take the test... If they were adopted out... they certainly can't be compelled.

Some might do it willingly.. because there are no legal issues involved... if the interested party would be willing to pay for the testing, and the suspected father would be willing to take the test... then private test could be done.

That really does make a huge differnce because most times someone is trying to track down a parent for child support issues... which being they are already an adult, can't be claimed in this case. For those cases it would need to be done through a court.

ScottGem · May 22, 2014, 01:25 PM

An adoption effectively severs any legal attachment between the bio parent and the child. Your legal parents are now your adoptive parents. I don't know anywhere that would give you inheritance rights to a bio parent's estate.

What rights are you looking for?

Cat1864 · May 22, 2014, 02:20 PM

pioji, I have merged your threads to keep the information and advice together because they are dealing with the same issue. You can continue to ask questions and give more information, if needed, in this thread.

Thank you.

AK lawyer · May 22, 2014, 03:56 PM

Can they get a dna test long distance?

Yes. As I understand it,a saliva swab is taken from each person, and the swabs are sent to the lab. But, as Smoothy indicates, if it is to be used in court there are chain-of-custody considerations.

Fr_Chuck · May 22, 2014, 05:38 PM

It can be done from two countries.

1. the rules will depend on if there is court action. Non approved procedure or labs would not be legal ( or stand up in court)

2. just for knowledge, it is a easy test, and the possible "father could pick the lab and have it done to their satisfaction.

GV70 · May 27, 2014, 12:40 PM

Originally Posted by ScottGem

An adoption effectively severs any legal attachment between the bio parent and the child. Your legal parents are now your adoptive parents. I don't know anywhere that would give you inheritance rights to a bio parent's estate.

What rights are you looking for?

It depends on adoption.
Example:
MA Uniform Probate Code Section 2-114
a) Except as provided in subsection (b), for purposes of intestate succession by, through, or from a person, an individual is the child of his natural parents, regardless of their marital status. The parent and child relationship may be established under applicable state law. (b) An adopted individual is the child of his adopting parent or parents and not of his natural parents, but adoption of a child by the spouse of either natural parent has no effect on the right of the child or a descendant of the child to inherit from or through either natural parent.