Common Questions About Paternity Testing
Posted on Mar 31, 2010 10:05am PDT
What does paternity testing do?
Paternity tests, sometimes referred to as DNA tests, are conducted to determine the biological father of a child.
Why take a paternity test?
Paternity tests are not always taken just because a man wants to know if he has a son or daughter. Sometimes a paternity test is taken so a man can enforce his rights to child custody. If the test proves he is the biological father then he has legal grounds to ask for child custody or visitation rights. Similarly, paternity tests are also taken so child support can either be enforced or refused. If the man is determined to be the biological father, the mother has grounds to ask the court to order the man to pay child support. If the man is not the biological father, he has grounds to ask the court to stop any future child support payments.
Can a paternity test be taken even if the presumed father is dead or missing?
Yes. If samples of the man's hair, blood, or body tissue are available, a paternity test can still be conducted. If not, the man's parents or siblings can be tested to indirectly determine paternity.
Can a paternity test be conducted without the mother?
Yes, however, the testing process is much easier when the mother is willing to participate. Furthermore, not all courts will allow a paternity test to be done without the mother's consent and/or participation.
Can a paternity test be conducted before the baby is born?
A pre-birth paternity test can only be conducted between the 10th and 24th week of a woman's pregnancy. If it is past the 24th week , then paternity testing must be postponed until after the baby is born. If it is still in between 10 and 24 weeks, a DNA sample can be collected from the fetus through amniocentesis or chorionic villi sampling, with the doctor's permission of course.
If you have any additional questions about establishing or disestablishing paternity, do no hesitate to speak with a knowledgeable family law attorney. Click here to locate a family lawyer near you who has experience in paternity matters.