Although laws for paternity testing differ from one state to the next, all states have a procedure in place to identify the child's father using DNA tests. Once the biological father is identified, the child take steps to receive support. The father also has the right to petition the court for custody or visitation privileges.
Contested Paternity
A contested paternity suit arises from one of two circumstances: Either the child's mother files a suit against a man who disclaims that he is the biological father, or a man can file a paternity suit if he suspects that a woman has had his child. Contested paternity actions can arise when either party initiates a legal action or when the state intervenes on a party's behalf.
Establishing Paternity
Once a paternity suit is filed, the court will issue orders mandating that DNA paternity testing be completed. The court can specify the approved method of testing, as well as the laboratory to be used. Laboratories must be certified through the AABB (formerly known as the American Association of Blood Banks). Paternity tests are usually done after the child is born. A buccal (cheek) swab is taken from the child, the child's mother and the alleged father. DNA paternity testing using this method is almost 100 percent conclusive and admissible as evidence in court. T he biological father can still contest paternity even after he is identified through court-ordered paternity testing. He must provide his own independent study results, if approved by the court. However, the result of court-ordered paternity testing is by itself, sufficient ground for an award of child support.
Evidence
Prior to DNA testing, states required that a child's paternity be established by a preponderance of the evidence. In legal terms, this means that it is more likely than not that the child was fathered by a certain man, even if the evidence tipped the scale only slightly over the 50/50 likelihood mark. Courts looked at other factors, such as whether the alleged father had sex with the child's mother around the time of conception, as well as the nature of their relationship. However, the DNA test establishes clear and convincing evidence of a child's paternity, rendering all other factors irrelevant.
Home DNA Testing
Home DNA testing kits are readily available over the Internet and at some drugstores. A cheek swab is taken from the child and alleged father (and sometimes the child's mother) and sent to a laboratory, which returns the results to the person who registered the kit. However, these kits are used for curiosity testing only and are typically not admissible in court to establish legal paternity. Self-presented evidence such as home DNA tests do not satisfy the chain of custody rule, which requires that evidence to be objectively accounted for from the time it is taken until the results are delivered to the court. Home DNA test results do not satisfy this legal requirement.
Uncontested Paternity
Each state gives the alleged father the option to acknowledge paternity without DNA testing. This is typically done at the hospital at or soon after the child's birth by signing an acknowledgment of paternity form. Men who feel sure that a child is theirs without paternity testing can consent to the entry of a paternity order by signing this form. However, if a man later finds out through paternity testing that the child is not biologically his, his legal responsibility will most likely last for life based on his initial acknowledgment of paternity.
Benefits
Even though states' paternity test laws may vary on small points, the common goal of all paternity laws is to establish proof of the relationship between a child and his biological father for purposes of establishing child support and custody orders. At the same time, paternity testing laws also protect men from allegations of paternity fraud if tests prove no biological connection to the child.
Tags: paternity, test, laws, paternity testing, alleged father, biological father, child mother, that child, paternity suit, acknowledgment paternity
