How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118762
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My grandson, a minor at age 11, was DNA tested without parental

This answer was rated:

My grandson, a minor at age 11, was DNA tested without parental permission by his other grandparents.
What is your actual legal question for us tonight?
Customer: replied 5 years ago.
My grandson is 11 years old. While visiting his other grandparents (in NY) they took a DNA swab from him without permission of his mother (my daughter). They have no guardianship. The father has been absent with no legal responsibility or financial support since birth. There is no father listed on the birth certificate. They sent the sample to a lab in Canada, a "do it at home" kit for no legal reasons, just for their own information.

Is there anything we can press charges for against the grandparents? Certainly there was no physical harm, but there has been a great deal of mental anguish for my grandson and daughter. I was advised that it would be very difficult to follow up on whether they forged a permission form because they sent the sample to a foreign country.
Unfortunately, as to criminal charges, no, there was no criminal law broken. The parents can sue the grandparents for invasion of the privacy of the child, which is what this is and they can seek damages for that invasion of privacy. Thus, you would not need to prove the forged consent forms and if the grandparents want to claim consent and they produce the forms, then you have them for the forgery which you can add to your civil suit AND you can then file the criminal charges for forgery.

I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Criminal Law Specialists are ready to help you