How to Get Paternity Test Results

In many states, a child born to an unwed mother is legally considered to have no father--and therefore cannot receive child support from the other parent until paternity is established. Most states allow an acknowledgment of paternity form to be signed by both parents right after a child is born -- in which a father agrees that a new baby is his biological child. In cases when an alleged father denies paternity, however, certain tests are required. Establishing proof of a child's father relies on obtaining accurate paternity test results and presenting them to a court of law that determines matters of child custody and support. If you are an unwed mother, here are the things you need to know about paternity testing.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• A court order compelling DNA testing A DNA testing center approved by the American Association of Blood Banks

How to Get Paternity Testing

1. Know your rights--and the rights of your child. If you know or suspect the identity of your child's father but he adamantly contests paternity, your attorney can file a court order requiring him to submit to DNA testing. Alternately, the attorney general's office will compel paternity testing when a new mother signs up to receive state assistance (e.g., Medicaid) for her child. Court-ordered paternity testing must take place at a hospital or medical facility under the supervision of medical personnel. Courts will not consider the results of home DNA test kits.

2. Remember that the purported father has rights, too. Just like you can compel the court to order DNA testing to prove paternity, if a man suspects that he is the father of your child, he too can file a court order to require paternity testing. If a court-ordered paternity test concludes that a man is the father of your child, he can contest; however, he will still have to submit independent results from a DNA testing facility of his choosing as long as the process of testing meets with the court's approval.

3. Wait until the child is born to establish paternity results, if possible. DNA testing post-birth poses no risk to a new baby. Post-natal testing can involve taking samples from both parents and the child through blood testing or a buccal (cheek) swab or by taking a sample from the umbilical cord. DNA testing involves testing all three parties--the child and the child's parents.

4. Use prenatal testing only if necessary. Establishing a child's paternity can be done before birth, as long as it is conducted within certain time constraints. Amniocentesis can be performed between the 14th and 20th weeks of pregnancy. Using a thin needle that is inserted into the uterus, a doctor withdraws a small amount of amniotic fluid, which is used for testing purposes. Another form of prenatal DNS testing can be conducted by Chorionic Villus Sampling (CVS), which is similar to amniotic testing, although a needle is inserted through the vagina into the cervix to obtain tissue on the uterine wall. This method can be performed between the 10th and 13th week of pregnancy. There is a small risk of harming the fetus or miscarriage using prenatal testing methods.

5. Know the ramifications of established paternity. If DNA testing proves that a man is the father of your child, the child is subject to the same rights and privileges as a child born of a marriage. The child can receive financial support from a biological father, as well as health insurance, social security and certain veteran's benefits. Additionally, if a child's father dies intestate (without a will), the child will be an heir by operation of law. The father also has certain rights, including custody or visitation rights. Unless a court finds an extremely compelling reason to refuse contact (e.g., the father is abusive or neglectful), it will act in the best interest of the child--which is to ensure that a father and his son or daughter establish a relationship.

Tips & Warnings

• States have a vested interest in ensuring that a biological father provides financial assistance for his child so the child won't have to receive state assistance. Contact your state's attorney general's office if you do not have legal representation. This governmental entity, which enforces child support laws, can help you obtain a court order compelling an alleged father to submit to paternity testing.
• Paternity testing can cost anywhere from $400 to $2000, depending on the method used. Most testing centers permit a payment plan. They will not release the results of testing, however, until an account balance is paid.

References

• Texas OAG: Paternity Testing
• American Pregnancy.Org: Paternity Testing

Resources

• Paternity.Net
• Expert Law: Paternity