Can The Court Order Men To Take A DNA Test?

georgia divorce lawyerQuestion:

My ex-girlfriend was unsure who the biological father was so she listed some other man’s name on the birth certificate.

How can I have a DNA test performed on this man and myself to determine who is the biological father? Will the court pay for the test if I cannot afford it?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia paternity laws where I am licensed to practice.

The mother can file a case with the division of child support services naming you and the person listed on the birth certificate as possible fathers.

The division of child support services will file an action against the gentleman listed on the birth certificate. If he does not believe he is the father, then he has the right to request the judge order a DNA test.

If the DNA test comes back negative, the state pays the fees for it. If it comes back positive then that person will have to pay for the test and will then be required to pay child support for his child.

If it is positive you will have your answer. If it is negative they will dismiss the case against that person and file one against you.

At that time you can request a DNA test; however, if it is positive you will be required to pay for the test and an order will be entered requiring you to pay child support.

If you are only worried about the costs of a DNA test then there are over-the-counter tests that are not too expensive that you can purchase at any drug store.

Please keep in mind that an over-the-counter test is not admissible in court. The best thing to do if you find you are the child’s father by using an over-the-counter method is to have the biological mother sign an affidavit saying you are the father.

Further, if you do find you are the biological father, you will still be required to file an action for legitimation and custody before you can obtain custody of your child.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.

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