Thank you for joining me. My name is LaSheena Williams and I am a Maryland family law attorney. My firm helps our clients take control of out-of-control domestic situations. Today, we will be discussing Paternity and how to prove paternity when your child’s father is deceased.
What Is Paternity Testing?
Paternity testing is using a genetic test to prove that your partner or former partner is the biological father of your children.
When Would This Situation Arise?
Some people may need to determine paternity after their partner has passed for a number of reasons. You may need to determine paternity if you are seeking social security benefits for your child on behalf of their father and that father has passed, or if there are estate issues or will issues, and you want your child to be able to collect on an estate or through your partner’s will but paternity wasn’t determined prior to their death.
Requesting Genetic Samples From An Autopsy in Montgomery County, Maryland and Prince George’s County, Maryland
There are a few different ways that you could assert in paternity through paternity testing when your child’s father has passed. You may be able to request genetic samples from an autopsy if the autopsy happened previously you can make that request or if it happened if the death happened recently you can request that an autopsy is completed so that you can obtain genetic samples.
Request DNA From Close Genetic Relatives
If, for some reason, you’re unable to obtain an autopsy and receive genetic samples you can request that a parent or a sibling, whether it’s a brother or a sister or close relative, provide you with a sample of their blood to see if there’s a similarity in the testing. It’s a little bit more difficult with this option because it’s preferred if you can get a volunteer but there are circumstances where you may not be able to get a volunteer then you may have to make a request through the court.
Affidavit of Parentage in Montgomery County, Maryland and Prince George’s County, Maryland
If your partner signed an affidavit of parentage or birth certificate you may be able to use that affidavit to show that your former partner at minimum believed themselves to be the father. If that’s the case and the court believes that that is also true you may not necessarily have to actually do paternity testing if they’ve already acknowledged being the parent of your child.
Contact An Experienced Maryland Family Law Attorney Today For Your Paternity Case In Montgomery County and Prince George’s County, Maryland
There are a number of ways to prove paternity when your child’s father has passed. If you have any questions about paternity or any other family related issues, Please feel free to give me a call at (301) 778-9950 or you can subscribe to our YouTube channel today.