Can I Sue My Father for Stealing My DNA?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My mom and father were married for many years. They divorced and now that I am 30-years-old, my father took my DNA without permission and told people I was not his daughter. I’m not sure it was even mine. I feel that is was not right for him to tell people that. I have a mental illness and it had made me worse for awhile. He sent me the results so I know he tested it. Can he do that or can I file suit on him for telling people I am not his daughter? I did not want the test done and I sure didn’t want him to tell people this. What recourse do I have?

You will not be able to take any action against your father for making such statements due to his freedom of speech (1st Amendment rights). Depending on your state law, you might be able to file a cause of action against him for taking your property (DNA) without your permission. I recommend you talk with a local property attorney to see what he/she advises on how to proceed with legal action.