Paternity Testing in North Dakota
Paternity testing is a legal procedure used to determine the biological father of a child. In North Dakota, the laws governing paternity testing are outlined in the North Dakota Century Code (NDCC), specifically in sections 14-20-49, 14-20-50, and 14-20-43. These laws provide a comprehensive framework for the process and consequences of paternity testing, including the rights and responsibilities of all parties involved.
Refusal to Submit to Paternity Testing
According to NDCC 14-20-49, an individual whose paternity is being determined can decline to submit to genetic testing. However, the court may adjudicate parentage contrary to the position of that individual if they refuse to undergo the test. This means that if a man refuses to take a paternity test, the court may rule him as the father based on other evidence.
Role of the Mother in Paternity Testing
The NDCC 14-20-49 also stipulates that genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. This means that a mother cannot prevent a paternity test from being conducted on her child by refusing to submit to the test herself. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
Court’s Authority to Deny Motion for Genetic Testing
Under NDCC 14-20-43, the court has the authority to deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father. The court may make this decision if it determines that the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage. This means that if the court believes that the actions of the mother or the presumed father have effectively accepted the paternity of the child, it may deny a request for a paternity test.
Conclusion
In conclusion, while a mother can refuse to submit to a paternity test in North Dakota, her refusal does not prevent the court from ordering a paternity test on the child and the man whose paternity is being determined. The court also has the authority to deny a motion for genetic testing if it determines that the conduct of the mother or the presumed father has effectively accepted the paternity of the child. As always, individuals involved in paternity disputes should consult with a qualified family law attorney to understand their rights and responsibilities under North Dakota law.