Is it legal for a grandparent to be allowed to prove paternity for her son? If so, how do you go about it?

Question

Is it legal for a grandparent to be allowed to prove paternity for her son? If so, how do you go about it?

Answer 1

You have to be specific about your goal.  If the mom doesn't want a paternity test taken, she doesn't have to have one done.  Only the purported father has the legal right to go to court to demand that a test be performed.

That said, if mom wants to get Military or social security benefits for the child and the purported father has died, then yes, you can use grandparent DNA to prove paternity to get benefits.  They do not require that the body be exhumed to get proof.   If you want to prove that the child is your sons for inheritance reasons, and the mom is willing, then you can do that as well. Then, you can go to the court with mom and the judge can rule that your son could also be added to the birth certificate.

If you are just trying to rule your son out as a possible father, it is totally up to the mother if she wants to go along with that.  I would recommend, in that case, you use one of those $99 tests from online as they are cheap, from an accredited lab and will answer the question. (ok, the grandparent one may be more than $99, but still cheaper than a local lab).

Answer 2

if the babies father does not want to take a paternatiy test, but his mother does.. sure but it only proves that g-ma is related to the father. it will not show which one of her family members is the dad. it is given the same way a normal DNA test is given.

Answer 3

It depends on the local laws and the situation

Factors:

The age of the father

Mental status of the father

If the father is alive

There are many reasons that a court could use to justify letting a grandparent request a test.