About Paternity Testing
We can test Forensic Evidence to establish paternity when the father is not available for testing.
Establishing Paternity
Establishing paternity means being declared the legal father after the child is born. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.
Establishing paternity is important for both the child and the parents. A child is entitled to the sense of belonging and identity that comes from knowing both parents. Establishing paternity often has an important emotional and psychological benefit for the child. Also, until there is a determination that a biological father is the legal father, the child has no right to receive financial support from the father, to inherit from the father or to obtain insurance, veterans', social security or other benefits through the father. Likewise, until paternity is legally established, the biological father has no legal rights to the child, such as parenting time with the child. Additonally, he has no legal right to participate in major decisions about the child, such as medical treatment, education or religious training. Additionally, genetic diseases are inherited, thus knowing your biological ancestry can be useful in proactive care and transplantation.
Paternity laws tend to vary from state to state. Visit http://www.uslegalforms.com/lawdigest/paternity-law-digest.htm for individual state laws. The Uniform Parentage Act of 2002 by the National Conference of Uniform State Laws modernizes the law for determining the parents of children, and facilitates modern methods of testing for parentage. Current scientific methods for determining paternity use the power of DNA to achieve highly accurate results.
History of Paternity Testing
Before DNA testing became available, several blood testing methods were used to determine paternity. These tests, based on different blood group systems (BGS), were difficult to perform and often produced inconclusive results. Most courts now accept only DNA test results as evidence for paternity cases.
Paternity Fraud
Paternity fraud, or the false identification of a man as the father of a child, is a serious problem in the US and throughout the world. The LA Chapter of the National Coalition of Free Men estimates that there are over 7 million children in the US that are unknowingly calling the wrong person, Dad. Paternity Fraud forces thousands of men each year to pay for children fathered by other men. In many cases paternity is assigned by default without testing or appearance of the accused. Recent legislative trends in some states are providing justice for the wrongfully accused. On Sept. 28, 2004, California Governor Schwarzenegger signed assembly Bill (AB) 252 into law. Visit http://www.childsup.ca.gov/pub/policy/css/2004/css04-30.pdf to review. This Bill allows the court to set aside previously established paternity judgements and related child support orders if the court determines the father named in the court order is not the biological father of the child or children. This trend is likely to echo through other states throughout the country.
Method for Determining Paternity
When selecting a paternity test there are two types of Paternity tests.
1. Private or Peace of Mind
2. Legal
The only difference between a Private (Peace of Mind) and a Legal test is the method of collection. A private paternity test is self administered and can be accompished by testing only the alleged father and the child. A Legal paternity test is very similar to a private paternity test. The primary difference is that the samples must be collected by a competent person with no interest in the outcome. Samples are collected, identification will be verified, photograph will be taken and sample collection witnessed. Legal paternity tests are required for consideration by the courts.
Commonly Asked Questions
Can the test be done without testing the mother?
Yes, but it is better to test the mother if possible. Her genetic profile should be compared to the child's, to exclude alleles in common. Otherwise testing of the alleged father to determine paternity must be more extensive to acheive a probablility of paternity of 99.9999%. Testing of the mother is basically free of charge, as testing costs are the same to encourage testing the mother whenever possible.
Can a Paternity test be performed before the baby is born?
Yes, but it generally is not a good idea. Amniocentesis is an invasive procedure that involves inserting a needle into the mother's abdomen to withdraw a small amount (10 ml) of amniotic fluid from the amniotic sac which surrounds the developing fetus. This procedure can lead to damage or loss of the baby in up to 1% of cases. As a result, it is recommended that patients wait until the baby is born unless they are already undergoing this procedure for medical reasons. A sample can be collected after the birthing process and done by buccal cheek swabs and is completey safe and painless for the baby. We advise waiting when you can.
Can we give our specimans at different times?
Yes, we can set separate appointments and collect samples separately, even if you live in different cities. We have collection facilities across the United States and our office can schedule your appointment at a site nearest each of you.. A photograph and ID is obtained from everyone tested along with a SS#. This allows the photographs and ID's of alleged father, mother and child to be viewed and identity verified in the case of an undesirable, surprising or controversial result.
Can a test be performed if the alleged father is not available?
Yes, known relatives of the father can be tested instead. The best situation is if the alleged father's parents are available. If not, we can use other relatives such as siblings or known children of the alleged father. If you need a paternity test without the alleged father's speciman, it is best to call TLC Drug & Paternity Testing and discuss your specific situation. We will get the answers for you.
Can two siblings determine if they have the same father?
Usually DNA samples from only two siblings would not be sufficient and samples from other relatives are helpful in the analysis. It generally requires at least two direct relatives of the alleged father. A direct relative is a biological parent, full sibling or known child.
Isn't blood better than cheek swabs?
No, your DNA is the same throughout your body. The DNA from your cheek cells is exactly the same as the DNA from your blood. The accuracy of a paternity test is exactly the same, whether the laboratory tests blood or cells from swabs.
Is the test confidential? Who can get the results?
The test is completely confidential. The mother of the child and all adults tested are entitled to receive the results of the test as well as an attorney specified. No one else is allowed any information about the test without your permission. However, the mother and alleged father are not able to receive personal information about each other such as addresses or social security numbers, etc.
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