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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Can I refuse DNA paternity test? (Scotland)

4 replies

Edinburghgirl2 · 20/01/2023 13:54

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 allow the 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 of I do the DNA test or not?

I have also posted this in legal matters.

OP posts:
SVRT19674 · 20/01/2023 14:17

How come your lawyer hasn´t answered this? Just curious.

Back2Back2t · 20/01/2023 14:33

I'm sure OP said that it was His lawyer that made contact not her lawyer.

The only thing I can suggest OP is to seek professional legal advice.

Hoping others will come along with more advice soon x

TicketBoo23 · 20/01/2023 14:49

"Rights of women" might help you.

Menton the DA conviction.

Edinburghgirl2 · 20/01/2023 15:24

@TicketBoo23 @Back2Back2t Thank you both x

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