Can I refuse DNA paternity test? (Scotland)

[Edinburghgirl2]

HI, I'm looking for some advice.

I was previously in an abusive relationship which ended when i found out i was pregnant. (He was found guilty of DA in court).

I am now the mother of a 3 year old girl and have heard nothing at all from this man since months before she was born (like i say, shes now 3)

Last week his lawyer contacted me saying that this man is looking for a DNA test with view to visitation.

Obviously life moved on and i have been with a great man since just after my daughter was born and he is essentially her dad. She calls him dad, his family accept her as their granddaughter, we are a very happy family, she knows no different and absolutely adores him. I've never even thought about the biological dad in years.

As terrible as it may sound, after what this man did to me, his history of abusing woman in various ways and the fact that this guy disappeared off the face of the earth before my daughter was born (so shes never met him and tbh our relationship was very short and ive not seen him in over 3 years so hes a stranger to me too) I have instructed my lawyer to refuse the DNA test.

We are in Edinburgh and apparently in Scotland the mother cant be forced to alllow a DNA test on her child BUT that results in "Inference" in court meaning that the judge just assumes the guy MUST be the biological dad as the mother won't allow a dna test.

So I'm looking for more info on "Inference"...does that mean the judge will automatically proclaim this man as the biological dad and allow him on the birth certificate?
Will this have the same outcome if I do the DNA or not?

I have also posted this in legal Matters.

Have you spoken to your solicitor for advice or just asked them to reject the request?

Is he on the birth certificate?

I had parental rights removed from abusive ex husband but we were married and he was about for a year and a half.

Do you think the letter from his solicitor is legit ? Or just him trying it on?

@Randobelia I have asked for advice so she's looking at the situation surrounding his arrest, etc but for now we have said that we are denying the DNA request.

He's not on the birth Certificate and has never met her or enquired about her. We've had zero contact since a couple months before she was born.

It is a legit letter as my lawyer has confirmed that and been in touch with his lawyer as we all thought it very strange that he waited such a long time to crawl out of the woodwork and do this.

Hopefully you will get some good advice from them. I'm sorry, it's a horrible situation and must be really stressful. Perhaps with him not being on the birth certificate, having the DA on his file and not having bothered for years, if he did take it to court the judge would throw it out? He hasn't done anything to warrant being involved so hopefully any judge would see that. And hopefully wouldn't even get anywhere near that stage.

Please please remember a solicitor will send anything to anyone.. Unless a judge orders a dna test just file the letter away op.

@Eastereggsboxedupready @Randobelia Thank you both for your help x