Can “I” as the child request a paternity test at 30yrs old?

[doriannvasquez]

I am 30 years old and would like to request a paternity test for the man I believe is my father. My mother never did it because my biological father was never interested in me and he is also my mothers second degree cousin (lots of shame within the family). When I was 2 years old my mother married my step father and he adopted me. (My mother claims that it wasn’t a true adoption because when they went to the health department or wherever they had to go my step father just said he was my father). My biological father has always denied me and my mother has not had any type of contact with him since before I was born. She has never requested any type of child support etc. I’ve done some research and in the state of Utah where I live there is no statue of limitations for requesting paternity, but he lives in New York and NY is 21 years. Is this something that’s worth persuing? Or am I going to waste time and money and not even be able to get a paternity test?

 

[Just Blue]

I am 30 years old and would like to request a paternity test for the man I believe is my father. My mother never did it because my biological father was never interested in me and he is also my mothers second degree cousin (lots of shame within the family). When I was 2 years old my mother married my step father and he adopted me. (My mother claims that it wasn’t a true adoption because when they went to the health department or wherever they had to go my step father just said he was my father). My biological father has always denied me and my mother has not had any type of contact with him since before I was born. She has never requested any type of child support etc. I’ve done some research and in the state of Utah where I live there is no statue of limitations for requesting paternity, but he lives in New York and NY is 21 years. Is this something that’s worth persuing? Or am I going to waste time and money and not even be able to get a paternity test?

You will waste your time. No court in this country would order a DNA test under these circumstances.

There is no such thing as a "second degree" cousin...The term is just second cousins. And no shame in that.

 

[doriannvasquez]

It’s a shame that I’ll never be able to have proof of who my biological father is. Thanks for the reply

 

[justalayman]

Unless the man you wish to be tested agrees to the test, no state in the US would require him to subject himself to a test given your fact set.

Given your statements about the man, wouldn’t it be more of a negative to learn he actually is your father rather than having hope it was somebody else? After all, as your bio father he would have had the right to be involved in your life yet he has refused to do so.

 

[doriannvasquez]

Unless the man you wish to be tested agrees to the test, no state in the US would require him to subject himself to a test given your fact set.

Given your statements about the man, wouldn’t it be more of a negative to learn he actually is your father rather than having hope it was somebody else? After all, as your bio father he would have had the right to be involved in your life yet he has refused to do so.

 

[justalayman]

Well, then unless he submits to a test you’ll have to live with never knowing.

 

[doriannvasquez]

No. I would like to know the truth. I think I have the right to know who my biological father is. But this post isn’t about my “feelings”. I don’t expect people to understand what I’ve felt growing up. I more so wanted to know if the court would order the test, but it doesn’t look like it. Thanks for the reply.

 

[doriannvasquez]

Well, then unless he submits to a test you’ll have to live with never knowing.

 

[doriannvasquez]

My previous response wasn’t complete, thanks for your input

 

[justalayman]

Your rights do not supersede those of the man you believe is your father. While I understand your desire to know, he has a right to say no and there is really nothing you can do to change that, through the courts anyway.

The only option I can see is attempt to establish a relationship and ask him to submit to a test.. He isn’t at risk of it causing him financial liability so maybe he would consider it.

 

[Just Blue]

No. I would like to know the truth. I think I have the right to know who my biological father is. But this post isn’t about my “feelings”. I don’t expect people to understand what I’ve felt growing up. I more so wanted to know if the court would order the test, but it doesn’t look like it. Thanks for the reply.

If the bio-father has a sibling or child perhaps they might do the DNA test. That would give you the info you need.

 

[Just Blue]

Your rights do not supersede those of the man you believe is your father. While I understand your desire to know, he has a right to say no and there is really nothing you can do to change that, through the courts anyway.

The only option I can see is attempt to establish a relationship and ask him to submit to a test.. He isn’t at risk of it causing him financial liability so maybe he would consider it.

Per OP's 1st posting there is some type of bizarre "shame" in the family because the mom and bio-father are 2nd cousins. I don't get it...This is not incest of any kind.

 

[doriannvasquez]

Your rights do not supersede those of the man you believe is your father. While I understand your desire to know, he has a right to say no and there is really nothing you can do to change that, through the courts anyway.

The only option I can see is attempt to establish a relationship and ask him to submit to a test.. He isn’t at risk of it causing him financial liability so maybe he would consider it.

 

[justalayman]

Per OP's 1st posting there is some type of bizarre "shame" in the family because the mom and bio-father are 2nd cousins. I don't get it...This is not incest of any kind.

Ya, I read that but she can try.

Your suggestion may serve the same purpose though,if it’s possible

 

[doriannvasquez]

Your rights do not supersede those of the man you believe is your father. While I understand your desire to know, he has a right to say no and there is really nothing you can do to change that, through the courts anyway.

The only option I can see is attempt to establish a relationship and ask him to submit to a test.. He isn’t at risk of it causing him financial liability so maybe he would consider it.

And just to be clear his “rights” are because so much time has passed correct? I don’t want to beat a dead horse, but after some research, I found a website that shows the statue of limitation for every state in the US. For Utah it says "No limitation" and that it "may be brought by child, even if adult, at any time". Maybe I am not understanding it correctly. But when I comprare it to other states, like NY for example it says “until child reaches 21”. I can't figure out how to post a screen shot of it, so I will attach the link, if anyone would like to take a look. Again I appreciate the info! https://www.legalmatch.com/law-libr...te-of-limitations-to-establish-paternity.html