Question if a father of a child has passed away, how does a family member get a DNA test done on said child or children of deceased… one was born prior to the dad’s death, and one was born after? Legally what can the family of the deceased do to make sure this is their son’s children? And legal rights for custody or visitation
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Help a mama out and respond anonymously on our forum. How can you go about getting a DNA test if the father is deceased?
By testing his mother.
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Family members of the deceased
Test a relative of deceased
If father doesn’t have any siblings(DNA can be used) they can look at both parents DNA
Have the child who’s paternity is known to be the deceased tested against the child’s with unknown paternity. Or any member of the alleged fathers family will work.
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They could compare one child to the other dna wise or even using a parent or close relative of the deceased…im not sure if they would be able to press for visitation or custody though depends on the situation
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Test the sibling or any close relative of the deceased. Like his mother or father
Get DNA from the deceased father’s biological mother and father and compare it to the child’s DNA.
Test child against child. Will tell if they are pure blood siblings.
My brother passed away a month before his last child was born. We tested the new baby against the two we knew for sure was his for new child to recieve death benefits.
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If the children have the same parents their DNA should be tested to make sure they are full blooded relatives as far as visitation most states cover grandparents visitation and its done through family court
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You can have your child in common before his death tested, that’s what we are doing because the fathers family will not cooperate willingly and I’m not going through forcing the matter through the courts
Well to start, respect the memory of that family member by doing what he would’ve wanted. If he didn’t deny those kids, you shouldn’t either. That being said if you MUST, you can get a dna test done on a sibling of the deceased.
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Testing someone related to the dad
You can test a family member of the deceased. They will have the same generic markers as the father. I have a girlfriend who had to have this done the father died in an accident and the his mom claimed the child wasn’t his. They tested the father’s mother and the baby
The fathers mother. You can get it from her.
Paternal grandparents
If he had a full sibling (BOTH parents the same) that would be your best chance.
Any family member? Is that legal?
What about the mom? She could be receiving SS death benefits for that child.
Go to their families
A paternal grandparent or sibling
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The poor mother of the children in question dealing with these awful in laws on top of the loss of the father of her children….
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If he had a brother or sister they can use their DNA to confirm he is the dad! And they can fight for visitation rights if you are unwilling to allow them to be involved in the children’s lives!
Should be able to test against fathers parents
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Get a dna test paternal grandfather or Uncle
I went through this with my oldest daughter her dad was killed in a car accident days after we found out I was pregnant and his family claimed she wasn’t his. The state picked it up and they tested his mom and one of his sisters but if you had a child before with the same person you should be able to test that child also. The guidelines on legal rights depends on the state your in pretty much. I live in Michigan where there are no grandparents rights.
Or perhaps his toothbrush might have dna
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Through his family… we had to do this with my niece…
I’m sorry for your loss. I can’t imagine loosing a child.
I don’t think it’s possible for grandparents to request a DNA test. That’s usually done to prove whos responsible for the child. Since grandparents can’t be legally held responsible there’s no legal reason to do a test. Sadly I don’t think a judge will reward visitation either. Unless the children are in state care I don’t feel you have a chance of getting custody.
Please don’t take anyone on Facebook’s word for it. Contact a family law attorney. They would know the laws for your state & how to proceed.
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My daughter’s DNA was tested with her uncles DNA (her Father’s brother).
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Test a family member. Preferably his mother, father or full blooded sibling.
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DNA test with the other siblings. Also they have no legal rights depending on where you live. The could have visitation. But that’s it.
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Get a dna test thru one of the living relatives like mom dad sister or brother
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Test against a female from those known to share genetic material.
Any of his blood relatives can give u enough
Mitochondrial DNA is passed on from the mother to the child. If you compare their DNA to that of the decedent’s mother, that will tell you if they’re related.
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Should be able to get DNA from the said fathers parents or any of his blood relatives !
test the dad mother. if the father of the childs mother is the father’s bio mom then they will share the some dna. let me clarify by saying I went through the same thing. the grandmother can be tested as well as the father’s father the father’s sister the father’s brother.
The grandparents dna should be equivalent to the fathers
I’ve heard of “grandparent test” or “sibling test” DNA tests that c the likelihood of extended relation. And depends on ur state. I live in texas. What I’ve seen in order for a grandparent to have rights to a child there needs to b “an established relationship with the child” no stranger danger situation.
Through his siblings or mum
Test one kid with the other kid if they have the same mom and dad there dna will match ???
Go to court and get a court order. Grandparents have rights in some states if the father is deceased or in prison.
Test someone in the family of question. No one would have rights unless established by court
Only did it one time. Went to the Funeral Home. Had a nurse discreetly pull several hairs from the decedent. Had to have the roots too
If kids have the same father use the other kids dna
Grandparents can get it done
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Test the mother of the deceased.
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If both are from same father you can test other child and you 
not sure of legalities cause not sure of your location
DNA test re baby’s fathers family
If he’s dead u can try for garments right… only like 2 days a. Month as ur not the kids parent…
Have a close member of his family do one it’ll come back as grandma, aunt, uncle etc.
Relatives dna like the grandparents or brother will be better same mom same dad but I don’t think Grandparents are granted rights or visitations though but it can be different in each state also you have to proof mother unfit to be granted custody of the children which I hope you have in you want to go that route if not you will lose the opportunity to be in their life
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Grandparents or siblings can getvyou dna answeres
I had this situation with my son. I lost him a yr and a half ago to cancer and we found out he may have a son. His father and I gave DNA samples…really easy.
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Well, DNA is genetic so a member of his family can test their DNA against the children’s DNA to see if there is a familial match.
Bone marrow or ashes carry dna
You can test the children for the probability that they have the same father.
Test confirmed siblings of the child and of the alledged father. Or the parents of the alledged father.
Help a mama out and respond anonymously on our forum. How can you go about getting a DNA test if the father is deceased?
You’d have to get the mothers permission…and doing it without her consent could cause arguments etc. I suggest you tell her your worries and if she has nothing to worry about she will comply
Ask her, yea this may cause arguments but it needs to be done! If she refuses go through court to obtain a DNA order. My step dad did this to his previous wife, it took a little while but she did it in the end
Help a mama out and respond anonymously on our forum. How can you go about getting a DNA test if the father is deceased?
In Florida the Maternal grandparents (mothers parents) have rights before the paternal grandparents (fathers parents). They could submit their DNA and match it to their grandchild’s DNA and it will show a percentage of a match it won’t be a 99% match but it would show there is a relation between child and grandparents.
When Farrah from teen mom did it her baby daddy’s sister was tested with Sophia. There will still be genetic markers. Just ask someone in his immediate family like a sibling if he has one or even one of his parents if they’ll do it. And not all states have grand parents rights so even if baby is his, visitation is completely up to you. Look up grand parents rights for your state and then just talk to them after paternity is confirmed and go from there.
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If the parents were married or he signed the birth certificate, there’s not much you can do to prove otherwise
As far as custody goes. They can file for grandparent rights and request visitation
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If you don’t wanna go thru courts you can order yourself and children a dna kit if they are for sure directly related to you it’ll say in matches the relation based off your samples
I think they can get some visitation if it is their grandchildren if DNA matches. But every state is different. I know in my state they can. I know someone that gets her granddaughter on visitation. Her son died and never knew he had a child until the mother came to his mother. They tested his brother and they found dna matches so she got visitation rights.
My ex husband was killed. I still give his mom the same visitation that was granted from the divorce. However she an I have always had a good relationship. I think the situation should try to be dealt with outside of court first. You can check with DNA Diagnostics for home DNA kit’s. His mother or one of his blood siblings can be used along with said children for the test. Best of luck for all concerned.
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If the child born first is his child they can do DNA on him its called siblings DNA or something. If not they can test dad’s siblings or parents. Grandparents rights in florida don’t exist. Unless the father passes and they were involved they could get some visitation but it’s impossible to get.
Grandparents or a sibling of the father or another child’s of the father could all prove DNA. However, mom would either have to cooperate with it or you would need a court order.
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Your best bet is to contact a family law attorney that knows the laws of the state you are in. You will get the best, most accurate answers that way. Prayers for your family! I really hope you get the outcome you are hoping for.
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If the father is deceased I don’t think there are any legal rights to custody or visitation unless the mother loses custody through cps for some reason and the child needs to be placed…
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In most states the grandparents would have to motion the court for the test. Then once done it goes from there. Each state is different
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A DNA test can be requested if all parties agree a living sibling or the parents of the parent can show a DNA match; but usually this wont be court ordered unless the child has healthcare needs that would require a match (transplant, etc). Another reason for a DNA test to be court ordered would be to have the child draw death benefits (SSI) they be entitled to on the parent who passed away.
The families best bet is to contact a family law attorney and be advised of the requirements to have met to even be able to legally request family visitation. Chances are they do not meet those.
Also, if bridging with the child’s paternal family is possible it will help the child to work through the trauma of loosing said parent, help them get a sense of who that parent was, and feel connected to their family when older. Every child has questions eventually and the paternal family is a great source on the deceased parent as long as they arent Danger and can have a healthy relationship
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In Pennsylvania grandparents have a right to visitation
Your best bet is to create a good relationship with the mother. You will have to check your area but many do not recognise grandparents rights and you would be foolish to steam ahead with demands. Remember she is raising these children alone which isn’t easy. Be patient and respectful and put the kids first, be kind to their mother.
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Testing the closest relative of the deceased should work, but unless Mom is unfit, there will be no legal rights or custody for the family of the deceased.
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I literally just had to do this when I fiance died while I was pregnant. You have to get the next of kin to contact the judge who signed off on the death certificate to release samples from the medical examiners office. I went through ddc and it was $550 I had to get the DNA plus a full chain of custody so I could get survivors benefits for my baby girl. It was a long drawn out process but 5 months down the road I just started getting it. Prayers for you. Literally the worst thing to go through. You’re strong mama be patient it will all work out.
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You can test his parents I believe (the paternal grandparents)
You can do a DNA test with the closest relative to the deceased. Most states do not recognize grandparents rights or family rights.
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Sibling testing can determine if they have the same dad and then can be tested against the parents or siblings directly related to the father for a comparison match.
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You can utilize a grandparents DNA. My kids parent is alive but they said if he didn’t submit to a DNA test that they would go to his mother instead.
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She’s probably trying to claim SSA benefits and would need to prove paternity.
Closest relative to the father should work.
And, she’s probably worried if she does this, the fathers family might try and seek custody/visitation.
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Grandparenting rights for the grandparents its same visitation schedule as the father would get if granted which if you try to withold the kids they’re more likely to get. The parents or a biological sibling to the father can be used to verify DNA and relation
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Familial DNA testing with a paternal grandparent would prob be best
Ask the mother to do a dna test to be sure. Grandparents of deceased individuals can take the test. If needing to file for social security benefits of a deceased person, a dna test from a grandparent will work. Some states don’t even push for it as long as the parents of deceased person confirm that the child in question is their sons.
Grandparents can motion for custody or visitation however if there is an issue of paternity then the courts may want verification before giving rights to them. A lawyer or courthouse could probably answer these questions more accurately based on your situation and parties involved
Agree with everyone else but under no circumstances do it behind the mothers back that’s opening a can of soup you won’t wanna eat …
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It depends on what state you live in. In Texas I’m unsure of DNA testing but the grandparents have a right to get legal grandparent access to the child(ren) if the parent is deceased.
Ok so I’m 29, father died when I was 1 and a half never got a dna bc my mom dumped him from having a child with her cousin (I’m older) anywho, well I know the name and live in the small town now that he was buried, saw the last name on a check and asked them if they knew so and so and he said yes that was my baby brother 
so I found my potential family but scared doing a dna test bc all these years I’ve know him as my dad but never any closer!!! And mind you not I had to cut my mom off bc of toxic stuff so haven’t spoke with her in years so it’s even harder:sob:
Test the closest relative. However, grandparents rights and visitations you are not entitled to unless they are in the foster care system or it’s in the child’s best interest in the court’s eyes.
I’ve heard they test a close family member in certain cases.
Reading through comments I see a lot of comments that my state has no grandparents rights. Yet when I Google search that state, there are grandparents rights. Most states rely on the Supreme Court case from 2000. Many states list the first reason why a court will consider visitation for grandparents as one parent has passed away.
My friend went through this with her daughter and they told her the dads parents or siblings could provide DNA
The mom or sibling of the deceased can give their DNA
See if you can locate a sibling to the father maybe they can do the test