Can I force someone who may be my father into taking a paternity test?
A subpoena may only be issued by a court officer, such as an attorney or court vclerk. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 7611 or whose presumed father is deceased may be brought by the child. The court may, and upon request of a party, shall, require the child, mother, or alleged father to submit to genetic tests, including blood tests.
The process for determining parentage in the State of California begins with the filing of the Petition. The Respondent is then served with a copy of the Petition and a Summons. The Summons informs the Respondent of the action and informs the Respondent of their duty to respond to the action.
Generally, the Court will order a Pretrial Hearing after service of process. This Pretrial Hearing is generally informal and the public is barred. the judge conducting the hearing will evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties, which may include any of the following: (1) That the action be dismissed with or without prejudice; (2) That the matter be compromised by an agreement among the alleged father, the mother, and the child; (3) That the alleged father voluntarily acknowledge his paternity of the child.
If a party refuses to accept one of the above recommendations and genetic tests, including blood tests have not been taken, the court shall require the parties to submit to genetic tests, if practicable. Thereafter the judge shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial.