What to Do When the Mother Refuses a DNA Paternity Test in Maine
If a mother refuses a voluntary DNA paternity test in Maine, an alleged father must file a formal court complaint to seek a judge's intervention. By filing a Motion for Genetic Testing under Me. Rev. Stat. tit. 19-A § 1911, the court can compel the mother to submit the child to testing.
Discovering you might be a father is a life-changing event, but it can quickly become deeply frustrating if the mother denies you access to the child or outright refuses to cooperate with a DNA test. In Maine, an unmarried father has no legal authority to force a mother to perform a genetic test privately. Pharmacies sell over-the-counter DNA kits, but without the mother's consent to swab the child, these are useless. To assert your rights, you must rely on the judicial system. Whether you are dealing with a situation in the Maine District Court, Portland or the Maine District Court, Lewiston, you have clear legal avenues to compel genetic testing and establish your parental rights.
Step-by-Step Guide When Faced with Refusal
When communication breaks down and voluntary cooperation is impossible, you must elevate the situation to the family court. The legal process is designed to find the truth, but it requires strict adherence to Maine's procedural rules.
Step 1: Filing for a Court-Ordered DNA Test
You cannot simply ask a judge for a DNA test in a vacuum; there must be an active legal case. Your first step is to file Form FM-006, Maine, Judicial Branch, Complaint for Determination of Parentage, Parental Rights & Responsibilities, Child Support with the District Court. Alongside this complaint, you will submit a written motion for genetic testing filed in accordance with the Maine Rules of Civil Procedure. Under Me. Rev. Stat. tit. 19-A § 1911, upon the request of a party, the court is generally required to order the child, the mother, and the alleged father to submit to genetic testing to determine parentage.
Step 2: Serving the Mother with Court Papers
Once you file the complaint and the motion, the court does not automatically call her in. You must have the mother officially "served" with a copy of the lawsuit by a county sheriff or a professional process server. This legally puts her on notice via Form FM-038, Maine, Judicial Branch, Family Matter Summons and Preliminary Injunction that a paternity action is pending and she is required to respond within 21 days under M.R. Civ. P. 105(a).
Step 3: Consequences of Ignoring a Maine Judge's Order
If the mother ignores the initial summons, you can request a default judgment, meaning the court may declare you the legal father without her input. If she shows up but flatly refuses to comply with a direct court order for genetic testing, she faces severe consequences. The judge can hold her in contempt of court. Contempt can result in heavy financial fines, mandatory payment of your attorney's fees, and in extreme cases of defiance, jail time until she complies with the order. Maine courts take willful disobedience of a testing order very seriously, utilizing civil contempt proceedings under M.R. Civ. P. 66 to enforce compliance.
Step 4: What if She Flees the State?
Sometimes a mother will attempt to cross state lines-moving to New Hampshire or Massachusetts-to avoid a pending paternity case. If she does this, do not panic. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically Me. Rev. Stat. tit. 19-A § 1745, Maine retains jurisdiction over the child if Maine was the child's home state within six months before the proceeding started. You can still file the case in Maine, and a Maine judge's order for a DNA test can be enforced across state lines. If she flees with the intent to evade a direct court order, interstate warrants can be issued.
How Much Will This Process Cost?
Forcing genetic testing through the court system requires financial preparation.
| Service / Expense | Estimated Cost (USD) |
|---|---|
| Court Filing Fees | $120 initial filing fee |
| Service of Process (Sheriff) | $40 - $75 per attempt |
| Legal DNA Testing (Court Ordered) | $300 - $500 (usually advanced by the requesting party) |
| Attorney Fees (Litigating Refusals) | $2,000 - $4,500+ Retainer |
How Long Does It Take to Get Results?
If the mother is actively avoiding you, it may take 2 to 4 weeks just to successfully serve her with papers. After filing the Motion for Genetic Testing, it generally takes 30 to 60 days to get a hearing before a judge. Once the judge orders the test and the swabs are collected at a certified laboratory, the results are typically returned to the court within 2 to 3 weeks.
Frequently Asked Questions (FAQ)
Can I use a home DNA test kit for court?
No. Maine courts do not accept over-the-counter home DNA tests because there is no chain of custody to verify whose DNA was actually swabbed. The test must be performed by an AABB-accredited facility ordered by the court.
Do I have to pay for the DNA test if she refused it?
Initially, the person requesting the test usually pays the laboratory fees. However, if the test proves you are the father, you can ask the judge to order the mother to reimburse you for half or all of the testing costs, especially if she unreasonably refused testing prior to litigation.
What if the mother claims another man is the father?
If the mother asserts that another man is the biological father, the court will likely order that man to be joined as a party to the lawsuit and tested as well, ensuring all potential parentage claims are resolved simultaneously.
Can the court deny my request for a DNA test?
In very rare circumstances, yes. If a child already has an established presumed father (like a husband) and the court determines that ordering a test would go against the child's best interests or disrupt a long-standing family unit, a judge has the discretion to deny the motion.
Dealing with a parent who refuses to cooperate can be incredibly stressful, but the law is on your side if you follow the correct procedures. Use our directory to find an experienced Maine family law attorney who can file your paternity complaint and compel the necessary genetic testing.
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