Can Fathers Get a Paternity Test Without the Mother Knowing?

Potential fathers may want to get a paternity test on a child either to confirm the child is theirs or that they’re not. While many might prefer to obtain this information discreetly, perhaps even without the mother’s knowledge, there are several things to keep in mind. In this article, we explore some legal issues someone may want to consider before getting a paternity test on a minor without the mother’s consent or knowledge.

If you’re a possible father looking for some answers, consider speaking with a family law or father’s rights attorney. The legal landscape surrounding some of these questions can be tricky to navigate. While your options will depend heavily on the specific circumstances and jurisdiction, you’ll want to understand some underlying principles. 

How Paternity Tests Work

A paternity test is a scientific procedure used to determine whether a specific person is the biological father of a child. When administered correctly, paternity tests have a high accuracy rate.

Paternity tests compare the DNA profile of an alleged father with the child’s DNA profile. The biological mother’s DNA is rarely involved.

To collect the DNA samples, someone usually swabs the inside of the child’s cheek and that of the potential father. These are called buccal cheek swabs. The swab samples are then analyzed in a laboratory or testing facility.

The results typically list the probability of paternity as 0% or 99.9+%. Essentially, they either confirm or exclude the person as the biological father of the child.

In recent years, DNA paternity tests have become more accessible and affordable. This has helped people get answers about biological relationships. Results from official legal DNA tests can also affect legal matters like child support and custody.

Official Paternity Tests

An official paternity test is one that’s conducted to determine paternity for legal purposes. Parties and courts can use the results of these tests in legal actions. Cases in which these official or legal paternity tests can have implications include:

• Child support
• Child custody
• Inheritance
• Adoption
• Social Security benefits

The testing process follows strict procedures to ensure accurate results and admissibility in court. For example, a neutral third party, such as a healthcare professional or a lab technician, collects the samples and verifies the identities of the individuals being tested.

The chain of custody must be documented and adhere to protocols. Only testing laboratories that meet certain accreditation standards can perform the analyses.

Official tests are generally more expensive than at-home paternity tests due to the rigorous procedures involved.

“Peace of Mind” Tests

Home paternity tests, also known as “peace of mind” tests, are different from legal paternity tests. As the name suggests, peace of mind tests are designed more for personal knowledge.

You can purchase these home test kits online or at pharmacies. They include cheek swabs and instructions for collecting samples at home. The kits also contain the materials for sending the collected swab samples to the testing facility for analysis. Depending on the company, you may get the results within a few business days to a week.

Although they produce just as accurate results as official tests, you usually can’t use home test results in legal actions. They use the same scientific methods and laboratory processes to analyze the DNA samples. However, they typically lack professional/legal oversight as well as the strict chain of custody protocols required for a paternity test to be admissible in court.

Consent

Some form of informed consent to DNA collection is required for all parties involved in paternity testing. This means that a biological parent or legal guardian must provide consent for a minor to undergo a paternity test. Often, both parents' consent is needed to test a child.

The applicable consent requirements can depend on the type of test. For example, an official legal paternity test on a minor child will generally require either a court order or consent of both parents.

Court Orders

Courts regularly order official paternity tests over one or both parents’ objections for various legal reasons. This means the mother of the child can’t necessarily prevent you from getting the conclusive results of a paternity test.

After all, you may have very good reason to request a court-ordered paternity test. But if you go this route, the court will notify the child's mother.

In other words, you’ll hit some rather immediate roadblocks trying to obtain a legal paternity test on a minor without the mother of the child knowing.

Legal Standing

Under certain circumstances, however, you could have better luck with a home paternity test. This is because peace of mind tests are intended for personal use and play no role in legal actions.

If a possible father has legal standing, he may be able to provide informed consent on behalf of a minor for a home paternity test. Legal standing in this context means the potential father is recognized as having parental rights, such as being listed on the child’s birth certificate or having legal custody.

State Regulation

However, state laws primarily govern the specifics of consent and procedures for paternity testing. So, a father who can perform a home test on a minor in one state without involving the biological mother may not be able to legally do so in another.

Also, home paternity testing companies’ consent policies don’t always align with the laws of your state.

How Should You Proceed?

Proceed with caution. Collecting another person’s genetic material can raise ethical concerns and pose unanticipated consequences. Your relationships and trust aren’t the only things at stake. Without the proper authority, obtaining someone’s DNA can be serious, even criminal.

You may have intended to pursue a legal paternity test after seeing the results of a home one. But before even starting down that road, you’ll want an idea of how the courts in your state view “secret” paternity tests.

It’s also essential you understand the consent and privacy laws in your state that govern paternity testing. They will seldom explicitly mention peace of mind or home paternity tests, so you’ll want to work with a father’s rights attorney experienced with the legal requirements for paternity testing in your state.

Getting Legal Help 

Before taking action, consider speaking confidentially with a qualified lawyer licensed in your state. You can share the specifics of your situation with them. They can help you understand your options so that you can proceed in a way that’s best for you and your loved ones.

These are not small stakes. You deserve answers. But you also owe it to yourself to make informed decisions about the best course of action. It could affect you and those around you for the rest of your lives.

This journey may be difficult but finding someone that can help doesn’t have to be.

Findlaw’s dedicated directory of father’s rights attorneys can get you started. Just click on your state. You’ll see contact information for several lawyers experienced with the paternity laws in your area. You can also narrow your search results by city.

Either way, don’t go it alone. A trusted advocate may be your most important ally at this time.