When partners disagree about paternity or when one or both want to make sure that the person is, in fact, the true biological father, the issue of paternity sometimes ends up in court.
Should legal issues arise by either the mother or the suspected father refuses to determine paternity or one of the parties demands that paternity be established, the court will be inclined to order paternity testing. This article explains the process and some of the other uses and benefits of paternity testing.
When Paternity Is Contested
Court-ordered testing is usually the result of the following:
- The father seeks more visitation rights or custody
- The mother seeks a child support order from the alleged father.
- The mother married someone, and the suspected father wants to biologically confirm paternity.
Accuracy of DNA Genetic Testing
The initials for DNA stand for (deoxyribonucleic acid) and is the molecular code for human life. Every one of us has a unique DNA identity.
A DNA paternity test can scientifically and conclusively determine through exclusion if a particular person is the child’s biological father. For example, most DNA paternity tests can exclude 99.9 percent of non-fathers.
How genetic material is obtained from the person tested
A person’s DNA is captured by swabbing the interior cheeks of the child, mother, and suspected biological father.
Paying for the genetic testing
In most paternity disputes, if it was the mother who legally filed a legal action for support payments, the court will usually order the mother to pay for the testing.
Other courts take a more neutral position by requiring the parties to split the cost.
Home paternity tests
At-home paternity tests are highly accurate and are often used as evidence in a legal paternity action. A paternity test is used in court to establish child support for matters such as social security or other child custody issues.
While blood samples are acceptable, most people choose to be tested by a buccal swab that is gently rubbed on the interior side of the cheek.
DNA paternity test kits
Today, DNA testing kits can be purchased over the counter in most pharmacies or online.
Online orders for DNA testing kits are directly shipped to the consumer.
The kit usually includes three swabs for each participant. Each participant will swab the inside of their cheek three times (three samples are collected per participant).
Then each of the three swabs is inserted into one of two protected envelopes and mailed to the lab for testing.
How long does it take for the lab to complete testing?
Depending on the lab, once they arrive, most samples will take 48 hours to provide you with the results.
Legal Admissibility In Courts
Most labs will charge you an additional fee for those who wish to use their test results in court. The chain of custody must be established before the test can be accepted as evidence of paternity.
The cost of Legally Admissible Testing per participant from major laboratories ranges can be expensive. Non-Legal testing (not provided for court to establish paternity) can be found for about $100.
Who is required for paternity testing?
Most courts will accept a paternity test that compares the child’s DNA with the DNA of the alleged father. You can order a home paternity test for approximately $125.00.
Some services will come to your home for an additional fee to perform the testing.
This is sometimes advised if the court requires the party to prove the sample’s chain of custody at the time of the court hearing.
Maternity Testing To Qualify For Paid Family Leave
A Maternity test is now commonly being used to establish that a woman is legally entitled to receive maternity leave from her employer.
Under 2021, the recently revised Family and Medical Leave Act mandated that there be up to three months of paid leave for the birth of a child. Employers are always free to provide additional paid leave time.
Paternity testing is also sometimes required if requested by the mother’s group health benefits to be maintained during the break.
The average cost of a home kit
A home kit costs about $125.00. The average turnaround time for such testing is 3 to 7 days.
Other Advantages of Paternity Testing:
- The test confirms if a child is eligible for public and private benefits through the mother and father
- The test can confirm if the child is legally entitled to inheritance rights through both parents
- Provides the child with a fuller sense of identity
