Paternity Testing Legal Resources:
Legal Questions for Paternity Testing
If you are involved in a paternity lawsuit or are thinking about trying to establish paternity through DNA testing there may be some questions that you have regarding the process. In this article we'll try to address some of the more common legal questions that arise out of paternity testing and help you better understand the legal process behind it.
Q: Can I be forced to take a paternity test?
A: Yes. If you are brought up as the alleged father in a paternity lawsuit the court will order you to take a paternity test usually at the expense of the party bringing the lawsuit against you.
Q: Are paternity tests absolute?
A: For the most part modern DNA tests are guaranteed to be 99.99% accurate when done according to prescribed methodologies. There are of course areas that an error can be made, namely in the collection of the samples and such but for the most part an error in DNA paternity testing is a rare event and if there is any doubt the test will be performed again.
Q: What does an inconclusive result mean? I thought modern DNA paternity tests were definitive one way or the other?
A: On occasion the test can come back as inconclusive for a number of reasons including a tainted DNA sample, the presence of a twin brother that may share the suspected father's DNA and the inability to extract markers from the DNA that cannot be classified to the mother. However, all of these situations are extremely rare.
Q: If the suspected father is not available, or deceased, how can I prove paternity?
A: Thanks to modern DNA techniques most samples can be obtained even from deceased subjects. If the subject is not available DNA can be lifted from hair samples, old blood stains and other items that might be available. DNA is found in almost every part of the human body making it a very universal identifier.
Q: Are at-home tests suitable for establishing paternity in a court of law?
A: Some at-home tests are admissible, but this varies greatly by state and local jurisdiction. Many courts require court-approved tests to establish paternity. Consult with your lawyer to find out which tests are admissible as evidence.
Q: What is the timeframe for having a paternity test done?
A: Paternity tests can be performed at any time during the child's life. DNA remains the same in each individual from the day they are born and is not changeable in any way.
Q: Can I refuse to give a DNA sample?
A: No. Refusal to submit will have the court issue a warrant for your DNA which will be collected by law enforcement personnel.
Q: I'm trying to establish paternity but am not sure of the father. Can I submit a list of possible fathers to the court to have them order a test on each one?
A: This depends on the court and the reason behind the paternity test. Remember the cost of the test is usually placed on the plaintiff (yourself). In addition, because of privacy concerns, most courts only allow a discreet list of suspected fathers to be submitted. Again, consult your lawyer for more information on this area.