QUESTION

Can a DNA test be court ordered and can the military assist?

Asked on Mar 02nd, 2015 on Estate Planning - Nebraska
More details to this question:
The only thing that I have ever known to be true about my biological dad is his name. That is because his name is on my birth certificate, not signed but it reads his name and what state he was from. His age, from what I gather is near 67. Based off what my mom and uncle have shared with me, along with a few other relatives, I did some investigating and researching that in turn led me to one person, who I tracked down and met. He's a Vietnam Veteran and has had some misfortune. He suffered some kind of head trauma and for whatever reason did not get it looked at. From my understanding, he's paralyzed from the chest down. I learned this after I got to spend almost an hour with the man. I asked him some questions, and based on his answers he could very well be my real dad. We spoke and he said he would consent to a blood test or DNA test. I couldn't stay. I had to go back, work and bills, you know how it is. I walked away feeling like I left a piece of me in that room with him. This happened almost a month ago, I have attempted to make contact but I have been informed by a social worker that he and his wife are not wanting to speak with me. I left a copy of my birth certificate, my name, my physical address, my email and my phone number with his nurse. There has been no contact made. I check my emails including spam daily. He did not have any kids and I don't believe he knew about me. With all that being said, what are my rights? Where do I stand as far as his wife is concerned? I did not have enough time to meet or talk with her . If it turns out he is my father, that's what I'm hopping happens, then I can get to start healing process, however if test say he is not my father, can the man sue me or have me arrested for harassing him.
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1 ANSWER

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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There is no law I know of that allows a person to mandate a DNA test of another person. Outside of criminal cases, DNA tests are required only to provide proof that a person is the biological parent of a minor and consequently is obligated to provide child support. As you are an adult, you would not have that option. I have several friends who, like you, are in the process of finding and attempting to reconnect with biological parents or children. It is an extremely emotional process. In some cases, the relationship works and in others it doesn't. The only way any relationship can go forward is if both parties are willing to let it. There may be a number of valid reasons why this gentleman does not want to meet with you. It may be that he knows for a fact beyond any doubt that he is not your father. It may be that he has extremely upsetting memories of that time in his life and has no wish to revisit the past. Of it may be that he is emotionally and/or physically so frail that his wife wishes to protect him from any situation that may cause him stress. It sounds like you have done everything possible to make the connection. You can only wait until he is willing to reach out to you. It may be worth your time to have a talk with his case worker and explain why you are attempting to make contact. While he or she cannot share any personal information about this man with you, he or she may be able to serve as a conduit between you two, should this man decide he wants to know more about you.
Answered on Mar 04th, 2015 at 9:54 AM

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