Genetic Paternity Technique Testing
When it comes to identifying a child's biological father, genetic paternity testing results, which are almost 100-percent accurate, are considered the most reliable evidence and supersede all other extraneous factors. There are a variety of testing techniques used to ascertain the identity of a child's father. However, post-natal testing is the method most frequently used, as it is least invasive and poses no harm to the child.
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Post-Natal Testing
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Paternity testing is typically undertaken after a child is born and includes taking a buccal (cheek) swab from the child, the child's mother and the putative (assumed) father. Home DNA-testing kits allow cheek swabs to be taken privately, mailed to the company's laboratory and results provided to the party who registers the kit, usually by mail. However, results of such "curiosity testing" are not acceptable to a court of law if a paternity suit is filed either by a child's mother or putative father and the issue of paternity is in dispute. To be accepted into evidence, the DNA samples provided by all participants to the suit are subject to the "chain of custody" rule, which means that they must be accounted for at all times by an objective third party, such as a laboratory technician.
When a Father is Deceased
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It's possible to establish paternity even when a father is deceased. This type of testing might be necessary if the father is not listed on the birth certificate, identified by court order or through another legally-binding document, such as an Acknowledgment of Paternity (AOP) form. A governmental agency may require proof of parentage before allocating survivor's benefits to a child (Social Security). Additionally, if the father dies without a will or the child is a pretermitted heir (accidentally left out of the will), paternity testing may be required. This can be accomplished by using preserved tissue from the father. Alternately, the child's DNA can be compared to that of the father's closest relatives. This generally provides sufficiency evidence to a court to make a determination of paternity.
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Prenatal Testing Methods
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There two methods that can be used to determine paternity while a child is in utero: amniocentesis and chorionic villus sampling (CVS), both of which pose a slight risk of miscarriage and harm to an unborn child and therefore require a doctor's consent. Amniocentesis involves inserting a thin needle through the mother's abdomen to collect a sample of amniotic fluid from the uterus, while CVS involves inserting a needle through the vagina to collect a sample of tissue from the uterine wall. Prenatal paternity testing is generally done through agreement of both the mother and putative father and will not be mandated by a court for purposes of establishing the identity of the father.
Court-Ordered Paternity Testing
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Either the mother of a child or a putative father can compel paternity testing by filing a paternity suit, after which the court issues an order that establishes where and how the testing is to be conducted. Once a child's paternity is established and a father is named on a birth certificate, this gives the child's biological parents the same rights and responsibilities they would have had they been wed. A child's mother can seek child support payments from the biological father, and the biological father can request custody or visitation. Additionally, if the father dies, the child may receive Social Security survivor's benefits and other retirement benefits, as well as be named an heir by operation of law.
Is a Court Order Necessary?
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Genetic paternity testing is not required in order for a man to be named a child's father. A putative father has the option of signing an AOP, which is usually supplied by the hospital at the time of the child's birth. This form is submitted to the court, and for all intents and purposes, the man becomes the child's father and assumes the same legal rights and responsibilities as a father who is or was once wed. It is almost impossible for an unwed man to retract admission of paternity, even if DNA testing later reveals that a child is not biologically his.
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