Girl claims pregnant with my recently deceased brother's baby, won't take DNA

[SisterSue1]

Girl: Military wife; husband in Iraq and coming back in January. She claims she was the last one to talk to my brother, before his suicide last month, and that she is pregnant with his child. She says that she told him she was pregnant and that my brother told her, "When I am gone, please tell my family about the baby". She said she knew for 2 months he was going to kill himself. She does not want money from us, but she wont prove it is my brother's either. She says that her husband is going to sign birth certificate and pretend it is his so the baby can get benefits.

1. Can I take her to court to order DNA testing?

2. Husband is not real father and he cannot put name on BC. I know this because my husband was told, by a lawyer, that he can adopt him, but not legally sign BC.

3. Can't the guy get into trouble for lying about paternity of the child she claims is my brother's?

4. Why would she deny me to pay for DNA testing?

5. Can she not get into trouble for not telling anyone that my brother was going to commit suicide?

What do I do here???

 

[irish223]

If she is married, then the legal father of her baby is her husband. He doesn't even have to sign the birth certificate to be declared the legal father. The law in most, if not all, states is that any child born during marriage is a child of the marriage.

I doubt that you would have any standing to challenge paternity.

I don't know if she can be held liable for doing nothing about your brother's suicide.

Sorry for the loss of your brother.

 

[Duranie]

I agree, if she is married then her husband is the legal father anyways. Nobody can do anything to challenge paternity unless the husband decides too. a court order needs to e in place to establish paternity for your brother. The medical examiners office usually keeps a DNA sample.