Can I order a paternity test if my spouse had an affair in which his mistress is pregnant?

UPDATED: Sep 30, 2022

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Can I order a paternity test if my spouse had an affair in which his mistress is pregnant?

My husband had an affair and the mistress is pregnant. Can I order a paternity test even if my husband is claiming this to be his child?

Asked on March 23, 2016 under Family Law, North Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you cannot. Your husband would have the right, if he were contesting paternity; and the mistress could get a paternity test ordered, if he were refusing to pay child support; but you are not a parent or potential parent, and therefore have no right to order a paternity test. You may wish to consider, however, divorce, if your husband is not just having an affair but fathering children with other women. At the least, speak with a divorce or matrimonial law attorney to understand your rights and what you'd likely get in divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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