Q: What happens if a father files a paternity suit in the United States against a pregnant women, before her child is born? The man can prove to the court he got this woman pregnant but cannot prove that she gave birth to a child or got abortion. A medical doctor is willing to testify that she was pregnant but does not know if she gave birth or got an abortion.
A: David's Answer: The Court would be extremely unlikely to order a DNA test on a fetus. Thus, such a petition would generally need to await the child's birth. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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