Can the Parents of a Deceased Child be Forced to Submit to DNA Testing?

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“Can the parents of deceased son be forced to submit to DNA testing. The son died eight years ago and the paternity of the child had never been established. Now the maternal mother has threatened to file a civil suit against the parents of deceased son if they do not comply with her request to submit to DNA testing. This is not a life-threatening situation.”

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I am trying to figure out circumstances would allow for this action to go forward, by mother against alleged grandparents and I’m coming up blank. If there had been an order for support, then that would have been enforceable against decedent’s estate. However, without established paternity, there would not have been an order for support. I could find no case in California that would justify a post mortem increase in support, much less an initial order for support. Perhaps if this was a will contest on an ommitted child theory, but one would have to think that probate is already over by now. Additionally since it is a “threatened” civil suit, that would lead me to believe it has nothing to do with an ongoing probate situation, nor am I aware of any grounds to open up a case based on the facts that I see. I cannot think of a cause of action that would result in decedent’s parents being forced to take a DNA test.

If grandparents were interested in finding out whether they were kin to mother’s child, a DNA test would be the way to go. In California, they should not be too concerned about potential ongoing child support. Under Family Code section 3930, “[a] parent does not have the duty to support a child of the parent’s child,” so there is no grandparent support duty.

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Author: House Attorney

A house attorney has answered this question.

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