Under what circumstances is a physician allowed to write a script for paternity DNA testing?
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A little back ground. My ex's adult step daughter is claiming our sons are not his. She is saying SHE is going to get a DNA test on our sons. What she apparently doesn't understand is that in NYS the law requires either a court order or a physician's script for it. My question is, can a physician write a script for Paternity mtDNA testing on a child if it's not medically necessary? I work in a lab and we don't get any paternity DNA walk ins. I know that a physician cannot legally write a script for any lab work that he/she cannot show, should it come into question, was not medically necessary or that he reasonably believed it was. But does this apply to paternity DNA to establish paternity for purposes of child support/custody/visitation? Can someone walk into his doctors office and ask the doctor to write a script for paternity DNA testing on himself and his children and the dr. just write the script? Also, this little whatever whatever is so devious, I know what she plans to do is order one of those home tests, put her own dna on it since she isn't his biological child, have one of her friends sign off as the necessary uninterested third party witness. And will either forge the man's signature as the father on the paper work, or convince him to sign it without him even knowing the laws, or reading the rules. Since the tests are coming out of NY, will these home kit companies even run it since the samples will not be accompanied by a dr.'s script or court order as required by law? And if they do, can I sue them for it? And when the results come back they are not his, PROVING that she tampered with/falsified the samples, can I have her arrested for anything? Can she be charged with anything at all, serious or not? If she does this and they come back not his, I will personally petition the court for the DNA test and prove she falsified the samples. I will definitely sue her on my sons' behalf. But can she be arrested for it? Please say yes! Trust me people, I'm not trying to find out how to prevent her from doing it. I'm just hoping that if she goes through with her little plan that she does it all kinds of illegally. Nobody tries to hurt my kids. Not in any way. I want to make sure that she suffers the full consequences of her actions.
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Answer:
He can write a script for DNA testing, but how would he get a sampling from the father for a paternity test. A script has no legal authority under the law. Join these groups for more help. http://groups.yahoo.com/group/2ndwifeclub http://groups.yahoo.com/group/Dads_House_Ed_Ctr/ http://dads-house.org/EducationalManual
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Other answers
when you take it
You can have her sued for fraud. And when and if this gets back to your husband he would flip out. So the next time you see your husband in regards to your son, tell him that he needs to take a DNA test with the son, so the son/father situation can be protected by law, and that you are going to do the same too, so any future step-relatives can't mess around with any legal biological family relationships. I'm sure he will go for that.
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