Obtaining a Legal Paternity Test: A Step-by-Step Approach
Legal Paternity Testing Defined
A legal paternity test, unlike its non-legal counterpart, can determine the biological father for purposes of legal issues. The types of legal issues a legal test can address include child support disputes, child custody affairs, immigration matters, and Social Security benefit determinations. However, there’s a caveat with non-legal paternity tests that does not apply to legal paternity tests – the parties cannot disavow the results of a legal paternity test. This means, once the results are established, the parties must adhere to the results and cannot change their minds.
Another difference between a legal paternity test and a non-legal (or peace of mind) paternity test is that legal test results are irrevocable without genetic cause. Peace of mind test results are considered final unless the parties agree otherwise. Beyond being inadmissible, the results of a non-legal paternity test may be inaccurate because of how the test was performed. A legal paternity test may not, and should not, be performed at home with an at-home test kit , but rather in an accredited laboratory setting.
As previously mentioned, legal paternity tests are required in order to establish legal relationships and obligations. Insights into these legal relationships and obligations include:
In other words, if a legal paternity test establishes that a man is the biological father of a child, he cannot suddenly change his mind later on in the child’s life when it comes to paternal obligations.
For a legal paternity test to hold up in a court of law, it doesn’t just have to be performed by a reputable laboratory, it also must be performed in the ways court deems necessary. What does this mean? The adult parties in the matter must consent to provide biological materials. These biological materials must be collected at the laboratory in an accredited facility, accompanied by an appropriate chain of custody, using lawful means of identification.
The reason behind these court guidelines is to protect the integrity of the test not only to ensure its accuracy but also to prevent tampering.
Starting the Legal Paternity Testing Process
To qualify for the legal paternity testing process, there are a series of criteria that should be met. The first is that there must be a question as to whether a specific man is the biological father of a child. This question may be asked due to a child support case, to determine inheritance or simply to find out who the biological father is. In addition, the essential feature of a legally admissible test is that it is taken in a manner that adheres to the strict requirements of the law. To meet these requirements, the DNA testing must be performed by an AABB accredited laboratory and supervised by a qualified, non-related third-party collector. The collection must be done at a location specified by the parties involved. The chain of custody compliance is of utmost importance to the court.
Selecting a Legal Paternity Test Provider
When considering undertaking a legal paternity test, one of the main areas that you will need to consider is which paternity testing service you will use. There are a number of factors that you need to take into consideration when choosing a service. Firstly, you should always ensure that the laboratory that you choose is accredited by an appropriate organization. In the USA, for example, the American Association of Blood Banks (AABB) and College of American Pathologists (CAP) are the two most recognized accrediting bodies throughout the country. In addition to accreditation, it also pays to find out if the testing laboratory is certified in the State in which they are located, as some States are more serious about testing standards than others. Perhaps one of the biggest considerations when choosing a paternity test is whether the testing laboratory that you are considering charges reasonable fees for their services, or if their costs seem excessive. However, you should also take into consideration some additional aspects of the laboratory. Considerations such as: You should also think about how may test you and your partner will require, as some laboratories only offer two or three test options, whilst others offer a significantly wider range of options. Finally, take into consideration how long the test results will take to reach you. It is estimated that the majority of testing facilities will take 2 single business day to provide the results. At the very most, you shouldn’t expect a waiting time of more than 4 days. Choosing a paternity testing service is an important step to take, and as a result you should always take some time to consider your options to make sure that you choose the right laboratory.
The Legal Paternity Test Procedure
It is important to remember the paternity testing process is a legal process from start to finish. All steps and procedures taken will dictate if the test meets certain legal requirements. A legitimate sample collection site can help your lab ensure chain of custody is completed.
Step 1: Collection of Samples
Typically the adult parties collect their own samples (oral fluid) at home. Sample collection kits are sent to the parties involved. The sample is fairly easy to collect. The inside of each person’s cheek is rubbed with the swab for approximately 10-15 seconds. There are a variety of medications that may interfere with DNA results, so make sure not to eat or drink anything prior to taking the test as outlined in the kit. Once you have finished collecting the sample the sealed envelope with names and dates, is then returned to the lab.
Other samples may include an umbilical cord tissue sample, blood sample or buccal (cheek) sample. If there is a deceased child or person, the lab will need a tissue/cord sample for testing.
Step 2: Chain of Custody
Chain of custody is the process of identifying the specimen from its collection to its testing in the lab. Chain of custody is very important, as it maintains the confidence in the collected samples, showing that it is connected to the test subject.
Every step of the process from collection to receipt at the lab is documented , dated and signed by the collector/sender. The samples must be packaged carefully and must remain in control until it gets tested at the lab. It is important to remember that anything that happens to the sample while it is in the hands of the sender or collector can break chain of custody.
Step 3: Identification of Individuals
As mentioned before, any legal paternity testing process must have proper identification to be valid. Every person taking the test must show proper identification. Copies are made of each person’s identification form, such as a driver’s license or passport. The samples are packaged along with the copies in an envelope.
Step 4: Selection of a Test Site
Most private testing labs have a variety of test sites throughout the country. You can also use a hospital, doctor’s office, dentist’s office or even a judicially appointed medical professional. If you are using an outside facility for your legal paternity test, make sure they are aware the samples are going to a specialty lab for testing. In addition, be sure the facility signed the lab’s Chain of Custody & Liability Waiver. Legal guards and custodians, or court personnel can also perform a sample collection in the presence of a witness. Also, There is often a fee associated with collecting a sample at a site other than your laboratory.
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Legal Paternity Test Pricing and Length
The cost of legal paternity testing varies depending on the company you hire. A simple cheek swab test for three people usually costs between $350 to $500 at most labs. If you choose to paternity testing on more than one child or person, the cost will increase by several hundred dollars. If you also need to test family members or potential relatives, like grandparents or siblings, it may cost several hundred dollars more. However, if you have more than three people, you should also be mindful of the potential for economies of scale that labs usually offer. If you test ten people, it may be significantly less expensive per person.
Some insurance plans cover at least part of paternity testing. Speak with your insurance provider to see what they cover. If you do not have health insurance, or your provider will not cover the cost of paternity testing, there are organizations that offer financial assistance for paternity testing. Low-income legal aid programs often have financial assistance programs available for paternity testing. Ask about financial assistance as soon as you contact a paternity testing laboratory.
Once the samples are taken, the testing laboratory will often complete the initial testing within five business days. However, additional time is usually required for shipping and receiving the samples, possible additional testing, obtaining the necessary court signatures, and providing you with the final report. It can take up to two weeks to receive the final report after the initial testing.
Using the Results from a Legal Paternity Test
Using the Results of the Test
When the legal paternity test is complete, the laboratory will present a detailed report that outlines the probability of paternity and any other relevant findings. The report is formatted in a clear, concise manner, making it easy to interpret and comprehend. Typically, one of two probabilities is provided for the child’s biological father: 1) paternity is not excluded (if the probability of paternity falls between 0-99 percent), or 2) paternity is excluded (if the probability of paternity is 99 percent or greater). Since there is no definitive way for a paternity test to establish who the father of the child is, only the probability of that paternity can actually be determined.
The report will also provide a range of statistical information about the DNA being analyzed, including standard haplotype frequencies for various populations and ethnicities. Without this information, the data provided in the paternity test report would not be statistically accurate or valid , so it is important to understand its significance. This information helps to ensure that the results are generalizable to the appropriate population.
Presenting the results in court is an important step to determine additional legal benefits. In most court proceedings, all of the parties involved will be asked to testify about the results before the report is accepted as evidence. In doing so, it is important to have legal counsel prepared to explain the report to the court. Though there is no universal answer for all legal paternity tests, the more information the court has about the report the better.
Paternity tests are an important pillar of modern family law. Establishing a father’s identity through a legal paternity test allows that relative to take legal action in child custody disputes, child support needs, and other related matters. A paternity test is the first step in establishing legal rights in a family law case.