Lawsuits brought to establish paternity are known as filiation proceedings. This request is typically made as part of a lawsuit filed by the man to establish paternity. Can a Potential Father Request a Paternity Test?Ī man who alleges that he is a child’s biological father may ask a court to permit him to undergo paternity testing. This means that, if a man refuses to submit to paternity testing, the court may order the man to make child support payments. Remedies include payment of child support. A default judgment is one that automatically gives a plaintiff (in this case, the mother) the remedy they sought. In addition, a man who refuses to take the test, and otherwise fails to respond to the lawsuit, can have a default judgment taken against them. A man’s refusal to be tested can constitute contempt of court.Ĭontempt of court is punishable by jail time and fines. When a woman files a lawsuit seeking to establish paternity, the court orders the man to submit to testing. However, the refusal is not without penalty. This means that a potential father can refuse to submit to testing, even after the mother, child, and other potential fathers have been tested. Can Potential Fathers Refuse to Take Paternity Tests?
