Fathers' Rights in Paternity Testing
Paternity means legal fatherhood. Paternity rights are questioned, challenged and established through a family court proceeding. Each state has different requirements and policies regarding paternity rights. The state and county in which the action is filed depends upon the place of residence of the mother and father.
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Identification
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In most family court cases, a judge must decide the outcome based on testimony and opinion using his or her interpretation of the law; however, paternity testing is purely scientific. Paternity is established by a DNA (deoxyribonucleic acid) test. DNA testing labs can give percentage results as to the certainty that the child and person tested are related.
Testing
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The test is accomplished by taking either a blood or saliva sample from the child and the possible father. The ability to test DNA using a saliva swab has given people a painless approach for the test results. All samples must be taken by a laboratory to avoid any contamination of the sample. Tests can be purchased without the necessity of a doctor and shipped to a lab for results.
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Positive side of paternity testing
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Paternity tests have a reputation for being a confrontational matter, but in recent years they have become a supportive way for parents to determine their child's biological father. It is true that paternity tests are used in many family law cases to determine paternity rights, which may have the mother seeking financial support from the father, but they also establish a way for a father to be certain a child is his in order to develop an emotional connection. Financial support is important and necessary, but the love and encouragement from a father who is involved in the child's life is also fundamental to the child and the father.
Benefits
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There are other benefits to determining paternity of children:
• The ability to inherit from the father's estate
• Obtain Social Security or disability benefits of the father
• Knowing the father's family medical history
• Access to the father's health insurance benefits
Misconceptions
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The law in most states is that a child born during a marriage is assumed to be the child of the husband and wife. The assumption of this is not a given and therefore the husband has the right to take a paternity test. Also, a common misconception with paternity is that in most states, just because a person's name is listed as the father on the child's birth certificate does not prove paternity of that child.
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