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This question isnt about alienation of affection. I want

This question isn't about alienation...
This question isn't about alienation of affection. I want to ask the legality of a third party ordering a paternity test on my daughter. The DNA lab actually sent her the "legal" results with no proof of her having a legal interest in the matter. And they currently protect the privacy of the third party...as their "client".
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9/1/2009
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

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Answer:


Only a court can actually order a paternity test.

Further, a third party who is neither purportedly the mother nor the father generally has no interest in such a matter and cannot obtain such an order. Further, a testing facility should not release such information to a third party. Doing so could result in a violation of HIPAA. To report a HIPAA violation, a person can contact the US Office of Civil Rights:
US Office of Civil Rights
1-800-368-1019


HIPAA does not provide for a private cause of action. However, state privacy and consumer protection laws often do. You would be wise to consult, in person, an attorney about this matter. He will help you evaluate whether or not a lawsuit is a prudent alternative, given the details of your circumstances.

More useful information can be found at:
http://www.healthlawtoday.com/hipaa/files/righttosue.htm

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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