Paternity Testing in North Dakota
In North Dakota, the legal framework surrounding paternity testing is primarily governed by the North Dakota Century Code. This code provides detailed provisions on the circumstances under which paternity testing can be ordered, the procedures for such testing, and the legal implications of the test results.
Requesting Paternity Testing
According to the North Dakota Century Code 14-20-27 (503), a court can order a child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding. This statement must either allege paternity and state facts establishing a reasonable probability of the requisite sexual contact between the individuals, or deny paternity and state facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
Paternity Testing for Adults
The North Dakota Century Code does not explicitly provide for an adult child to request a paternity test. However, it does not prohibit such a request either. The code primarily focuses on the rights and responsibilities of the alleged father and the mother, and the best interests of the child during their minority.
Genetic Testing Requirements
The North Dakota Century Code 14-20-27 (503) outlines the requirements for genetic testing. It 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.
Adjudication of Paternity
The North Dakota Century Code 14-20-50 (623) allows a respondent in a proceeding to adjudicate parentage to admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing. If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Disproving Paternity
According to the 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.
Conclusion
While the North Dakota Century Code provides detailed provisions on paternity testing, it does not explicitly address the question of whether an adult child can request a paternity test. Therefore, it would be advisable for an adult child seeking a paternity test to consult with a family law attorney to understand the potential legal avenues available to them.