A member asked:

Can a doctor preform a dna test on a baby without the mother's consent, when the mother is underage and is a victim in a statutory rape case?

7 doctors weighed in across 2 answers
Dr. Carla Enriquez answered

Specializes in Pediatrics

Depends: Whoever has legal custody of the child must give consent for all treatments, exams, or tests given or ordered by the physician. This varies somewhat by jurisdiction. Check with a family lawyer or attorney general's office in your state or province.

Answered 10/3/2016

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Legal issue: If there is an open case concerning the rape, the presiding judge, as an agent of the state, can authorize testing with or without the mothers cooperation.Each state defines the rights and responsibilities of parents in their family statutes. Most decision making is granted to parents,assuming they will make good ones.When the state decides they don't (child abuse laws) the state takes over.

Answered 7/5/2014

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