County of San Diego v. Mason

Michel Mason appeals a judgment of paternity issued by the San Diego County Superior Court based on Mason’s failure to comply with an order to submit to a DNA (deoxyribonucleic acid) paternity test at a county contracted laboratory. Mason contends that he has a constitutionally protected privacy interest in his DNA that grants him the right to *379 select a private facility to conduct the paternity test in place of the laboratory with which the San Diego County Department of Child Support Services 1 maintains an ongoing contractual relationship. Because Mason’s privacy interests are protected by statute and the County has a compelling interest in selecting a laboratory to make an accurate paternity determination, we determine that the trial court’s order was proper and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Ardella Muhammad is the mother of E.M., and at the time of the complaint was receiving public assistance from the County on behalf of E.M. To offset public expense, the mother was obliged to assign to the county the right to any child support up to the amount of that assistance. (Welf. & Inst. Code, § 11477.) As assignee of the rights to child support…