“Is a judge allow to deny paternity test and rule the test out of the court if one is taken?”

Under certain circumstances I could see a judge disallowing admission of a paternity test. If it was administered improperly (chain of control broken) it would be inadmissible. If their is a presumptive father, then the DNA test might not come in on relevancy grounds. If a person had signed a voluntary declaration of paternity, and the time to take it back had passed, a judge also might not want to see such DNA test. There probably are other situations, as well.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.