NSW Get Court Order for DNA Testing?

[Flyn Vandenbergh]

Hey all!

I really hope I can get some help.

I am 29 years of age, and on my Birth Certificate it says father "unknown". My "father" had made comments to my sister who is one year older then me, that he is not my father.

It also states on Birth Certificate that there are no previous children of the relationship (when there is). I have no idea why he is not there? Unless he is telling the truth, but he is known for his lying so I can't trust anything.

Now, I have emailed him a couple of times asking, and he refuses to respond. I have not spoken to him in many years and we never had a great relationship. I can not ask my mother as she is disabled.

Am I able to get a DNA testing via a court order? Or because I am over 18, does that change anything?
Is it a good idea to see a lawyer? And what sort?

Any opinion is helpful.

Thank you in advance

Kind regards

 

[sammy01]

Would big sister do a DNA test? I don't know but couldn't you check her DNA against yours to find out if you're brother and sisteror genetically half siblings. If you know what I mean....

 

[Flyn Vandenbergh]

Would big sister do a DNA test? I don't know but couldn't you check her DNA against yours to find out if you're brother and sisteror genetically half siblings. If you know what I mean....

I wish i could! But she has a great relationship with my father, and you don't bite the hand that feeds you. So she isn't talking to me anymore either. Wish it was that easy.

 

[sammy01]

I don't think you could get a court to order him to have a dna test...

 

[Flyn Vandenbergh]

What makes you say that?

Surely there is something in the law that has been implemented specifically for humans like my "father". How disheartening if there is not.

I don't think you could get a court to order him to have a dna test...

 

[MartyK]

Am I able to get a DNA testing via a court order? Or because I am over 18, does that change anything?
Is it a good idea to see a lawyer? And what sort?

You do not need to be under 18 years of age to be considered a 'child' in all areas of law.

Don't quote me on it but you may (?) be able to apply to the Supreme Court for an order under the Status of Children Act 1996 (NSW)?

Hopefully someone more learned in this area of law would be able to confirm this for you and/or assist you further.

I expect if you were able to make any application to the Court that you would need to give more compelling reasons than, I just want to know, for the other person to be ordered to submit to testing?

"Is it a good idea to see a lawyer?" Yes in my view.

Good luck

 

[Hayder Shkara]

Hi Flyn

Do you want to know for official or legal reasons, e.g. do you want to put his name on your birth certificate for a specific purpose?

If so, what is the purpose?

Or are you just curious as to whether or not he's your father?

If you are just curious - you can find out by ordering a DNA test and getting a sample of his dna. Could be a mouth swab but a lot of places will accept hairs, nail clippings, etc. As to how you would obtain this - my opinion is to be creative.

 

[Flyn Vandenbergh]

Hi Flyn

Do you want to know for official or legal reasons, e.g. do you want to put his name on your birth certificate for a specific purpose?

If so, what is the purpose?

Or are you just curious as to whether or not he's your father?

If you are just curious - you can find out by ordering a DNA test and getting a sample of his dna. Could be a mouth swab but a lot of places will accept hairs, nail clippings, etc. As to how you would obtain this - my opinion is to be creative.

Hi there,

I would like to know if he is or not, in hope to put this to rest. If he is my father, it still shows what a narcissistic, evil human he is, and if he isn't, I would like to know who my father is.

I wanted to know if there was legal action I can take. Because of the sort of person he is, I know he won't comply.

Creative? My creative side is not always the best. Haha

Thank you

 

[sammy01]

No way? Can you really steal someone's DNA via a hair sample and get it tested without their consent? F I hope not.

 

[Hayder Shkara]

I wanted to know if there was legal action I can take.

Would you really want to spend thousands, 10's of thousands of dollars on such a case? Legal action is very often not the best way to approach certain matters.

NO way? can you really steal someones DNA via a hair sample and get it tested without their consent... F I hope not

Yes, of course you can. What's stopping you from doing it? Order the paternity test, send in the DNA samples. But you will not be able to use these results for putting the father on say one's birth certificate.