Paternity Testing in North Dakota
In North Dakota, the legal framework surrounding paternity testing is governed by the North Dakota Century Code. The code provides detailed provisions on the establishment of parent-child relationships, the presumption of paternity, and the procedures for genetic testing.
Requesting a Paternity Test
According to North Dakota Century Code 14-20-27, a party to a proceeding can request the court to order genetic testing. This request can be supported by a sworn statement from the party either alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals, or denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
Paternity Testing When the Mother is Married
The North Dakota Century Code 14-20-10 provides that a man is presumed to be the father of a child if he and the mother of the child are married to each other and the child is born during the marriage. This presumption also applies if the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation.
However, this presumption of paternity can be challenged. According to North Dakota Century Code 14-20-29, the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
Genetic Testing of the Mother
The North Dakota Century Code 14-20-50 states 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. 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.
Consequences of Establishing Paternity
Once paternity is established, it has significant legal implications. As per North Dakota Century Code 14-20-09, unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
In conclusion, if the mother is married, a paternity test can still be requested in North Dakota. However, the legal process can be complex and it is advisable to seek legal counsel to navigate the intricacies of the law. The court will consider all relevant factors, including the best interests of the child, in making a determination on paternity.