Paternity Testing in North Dakota
In North Dakota, the legal framework for paternity testing is outlined in the North Dakota Century Code. The law provides for the establishment of paternity, which can be crucial for various legal matters, including child support, custody, and visitation rights.
Requesting a Paternity Test
According to North Dakota Century Code 14-20-27 (503), a mother can request a paternity test after the child’s birth. The court may order the 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 can include the mother alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals.
However, it’s important to note that a support enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father (North Dakota Century Code 14-20-27 (503)).
Genetic Testing Procedures
The North Dakota Century Code 14-20-27 (503) also outlines the requirements for genetic testing. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially. However, if a request for genetic testing of a child is made before birth, the court or support enforcement agency may not order in utero testing.
Adjudication of Paternity
Once the genetic testing is complete, the court can issue an order adjudicating the child to be the child of the man admitting paternity, as per North Dakota Century Code 14-20-50 (623). This is provided 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.
Limitations on Disputing Paternity
The North Dakota Century Code 14-20-63 (705) places limitations on a husband’s ability to dispute paternity. If a wife gives birth to a child by means of assisted reproduction, the husband may not challenge his paternity of the child unless he commences a proceeding to adjudicate his paternity within two years after learning of the child’s birth and the court finds that he did not consent to the assisted reproduction, before or after the birth of the child.
In conclusion, a mother in North Dakota can request a paternity test after the child’s birth. The legal framework for this process is outlined in the North Dakota Century Code, which provides detailed procedures for genetic testing and the adjudication of paternity.