DNA TESTING ORDER TO DETERMINE PATERNITY

DNA TESTING ORDER TO DETERMINE PATERNITY

Manhattan Surrogate Rita Mella decided to order a posthumous genetic marker test in the contested proceeding to compel the account of the estate’s administrator The court noted it must determine if ordering the test was practicable and reasonable and would impose undue hardship on decedent’s family.  The Court also reasoned that  directing a test before any effort and expense was incurred in discovery was proper as the results may dispose of the proceeding and no proof of decedent’s open and notorious acknowledgement of paternity would be required.    This New York County decision is another in the trend toward ordering DNA testing to determine paternity.  Seeing as the test is generally undisputable and fairly easy to administer we expect to see more and more courts ordering DNA testing to determine paternity and other legally significant relationship issues.

Matter of Estate of Taylor