Can a Paternity DNA Test Be Contested?

In a paternity case, a test of a man's DNA against that of the child may rule him out completely, or find a 99.9 percent probability that he is the father. Certain factors influence the reliability of a DNA test.

  1. Significance

    • Claims for child support make up the majority of cases where DNA tests establish paternity. Other situations include a man who suspects infidelity or paternity fraud, and wants DNA proof of his fatherhood.

    Time Frame

    • If a man suspects he is not the father of a child, he should have his DNA tested immediately because once he accepts responsibility for the child, he may not be able to contest paternity, and may be legally obligated for child support in some states even when DNA proves he is not the father.

    Function

    • If a possible father's DNA has no genetic characteristics in common with the child's DNA, then that man is scientifically excluded from paternity.

    Identification

    • If the man being tested has an identical twin, paternity results might be contested because twins have identical DNA and the other twin might also be the father.

    Considerations

    • A home DNA paternity test could be contested as home tests are subject to error and not admissible as evidence in a court.

    Prevention/Solution

    • A legally admissible paternity test from a facility accredited by the AABB (American Association of Blood Banks) is 99.9 percent accurate in establishing paternity. Legally admissible DNA tests include an official, notarized document verifying that the DNA samples were collected in person by an independent third party, who checked the identification of all parties and preserved the chain of custody of the DNA samples all the way to the testing facility.

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