DNA testing?

My sister has been divorced for 4 yrs, and just found out her ex’s new wife had my sister’s son swabbed for paternity. Is that legal? Can they do that without my sisters consent or knowledge of the testing?
My sister is the custodial parent. The boy is 14. She’s been preparing herself for her ex to sue for custody since her son turned 12. The only thing I can guess is the new wife isn’t going to help him pay for a custody suit unless she has proof the boy is actually his.

And for those wondering what the big deal is………… the father has never denied paternity, IS the biological father and has helped raise him for 14 yrs. I just can’t believe he’d let someone else put doubt in his mind like that. My sister would have gladly consented, but we were just wondering if it was legal to do without her consent or knowledge.

Chosen Answer:

Technically no, as your question was put anyway. But it would be legal for the ex to do so. Fighting it would be pointless as she only needs a parental consent which I am sure the ex would say he gave.
by: Jeff C
on: 28th August 07