It’s one of the most important questions anyone can answer for a child: who’s my biological father? Many people get a paternity test simply for peace of mind. They want to put long-held nagging suspicions to rest or confirm a biological relationship for medical or other reasons. But for others, there are legal situations that absolutely require a paternity test. Results from legal DNA paternity tests are accepted by courts worldwide as a definitive method for determining the biological relationship between a possible father and a child. Here’s a quick overview of the five most common legal reasons why people might need to get one.
#1 Legal Reason for a Paternity Test: Child Support and Custody
If a child is conceived and/or born while the couple is married, the man is presumed to be the father. If the couple separate and divorce later, in most cases the man is still considered legally and financially responsible for the child, even if a paternity test determines he is not biologically related.
If the couple isn’t married, then a legal relationship must first be established between the child and the father before a child-support order or custody arrangement is approved by the court. DNA tests have become popular choices for the legal system in most states, but they’re not always required. If a man has doubts about whether or not he’s the biological father, it is wise to request a paternity test before signing the birth certificate or an acknowledgment of paternity. For court-admissible results, DNA collection and sample submission must be witnessed by a disinterested third party.
LEARN MORE ABOUT LEGAL PATERNITY TESTING.
#2 Legal Reason for a Paternity Test: Inheritance Rights
Sometimes, as in the case of the late singer Prince, there are situations where inheritance rights are in dispute. The alleged heir may be known or unknown, a minor or an adult, and the rights may or may not be in dispute. Whatever the case, a legal DNA paternity test (or maternity test, if the mother is deceased) can quickly and efficiently put any doubts to rest, ensure that the right people receive what is rightfully theirs, and make certain that everyone involved is treated fairly. And by doing a legal test, the results are court-admissible, should the situation require it.
#3 Legal Reason for a Paternity Test: Benefits
Along with inheritance rights, there are other benefits that heirs may be entitled to upon the decease of a biological parent (mother or father). Social Security and life-insurance benefits often require that a beneficiary provide proof of paternity. A medical examiner is usually court-ordered to collect the DNA sample, which he then submits to an accredited lab, like IDENTIGENE. Using DNA evidence mitigates the trouble of having to research, locate, and produce other documents as proof of paternity.
#4 Legal Reason for a Paternity Test: Immigration
DNA is the go-to method for all government entities to help prove a close family relationship when birth certificates and other documentation are not available. An immigration paternity test is most often ordered to prove either paternity and maternity, but it can also include sibling tests and grandparent tests. As a highly-accredited lab, IDENTIGENE works closely with U.S Citizenship and Immigration Services (USCIS) as well as nearly 200 embassies all around the world. We make all the arrangements and guide you every step of the way. Keep in mind that, like other DNA tests that are used for legal reasons, an immigration test requires that DNA collection and submission to the lab be witnessed.
#5 Reason for a Paternity Test: Adoption
The desire to know our biological roots is extremely strong, and so adults who are raised by adoptive parents or who have been conceived through donors often go searching for their birth-mother or birth-father. In many of these cases, a home paternity test or maternity test strictly for peace of mind is suitable. But if the child needs the relationship information for any of the reasons listed in this article (immigration, social security, inheritance, etc.), then a witnessed legal DNA test is needed.
RESIDENTS OF NEW YORK STATE
Did you know that all residents of New York State must get a legal paternity test even if they don’t plan on using results for legal purposes? This is the current requirement from the New York State Department of Health (NYSDOH). LEARN MORE ABOUT PATERNITY TESTING IN NEW YORKThe Bottom Line
Before taking a paternity test , it’s important to consider how you’re going to use the results. If you want a test simply for your own information and peace of mind, then testing at home is the perfect choice; but it you’re going to use the results for any type of legal reason, it’s essential that you contact the lab right away before opening your kit. Many customers simply err on the safe side: they go ahead and do legal testing even if they don’t anticipate ever needing to go to court. That way, they only pay for testing the one time and their bases are covered. It’s up to you!
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Sources
“Child Support 101.2: Establishing Paternity.” NCSL.org. National Conference of State Legislatures, n.d. Web. <http://www.ncsl.org/research/human-services/enforcement-establishing-paternity.aspx>.
Hertz, Frederick. “Paternity Issues and Child Support | Nolo.com.” Nolo.com. NOLO, n.d. Web. 12 Aug. 2016. <http://www.nolo.com/legal-encyclopedia/paternity-issues-child-support-29847.html>.
Marquit, Miranda. “What Is Child Support – Laws & Guidelines for Payments.” Money Crashers. SparkCharge Media, LLC., n.d. Web. 12 Aug. 2016. <http://www.moneycrashers.com/child-support-payments-laws-guidelines/>.
Wolf, Jeff. “Establishing Paternity in Court.” – MassLegalHelp. Mass Legal Services, July 2013. Web. 12 Aug. 2016. <http://www.masslegalhelp.org/children-and-families/establishing-paternity>.
sourendranath says
whether samples for legal DNA test can be collected by a third party or the concerned parties have to go directly to the laboratory to submit samples
Identigene says
Hi! You don’t have to go to the lab, although that’s an option. For results to be court-admissible, the test has to be ordered directly through the DNA lab and testing materials are sent to an approved DNA-collection facility. You cannot use an at-home kit, although if you’ve already purchased one, we reimburse you for it.
Adielah says
Will a court grant a DNA test to a father if the motivation is driven by the fact that his son raped his daughter. Different mothers though. The son did not grow up with his father, but in foster care. The bilogical mother abandoned him at about 6 months old, after taking her son without the father kniwing. The father last saw the son at the age of 6 months, then were reunited with him when his son was about 10 years old, via the social services. Court case running for the rape. Very complicated & devastating issue, but the results of the test would be in the interest of funding the truth & decision making .
Identigene says
Hi, Adielah. That is entirely up to the court’s discretion.
Erricul says
What if the father die and one of the kids by another mother do not belong to him but they are receiving benefits. DNA test proves he is not the father. But the also signed the birth certificate.
Identigene says
Since the father is on the child’s birth certificate, that child is entitled to benefits regardless of DNA test results.
Lynn says
I have a question related to paternity. My daughter is 12 years old. She spends the summers in Ohio to be closer to her father and family. My daughter and I live in Oklahoma. This summer her father what did an at home DNA kit and swabbed our daughter without my knowledge or consent. Her father and I have had a split custody agreement since 2013. We also have established child support since 2008. We were in a long term relationship were together before our daughter was born in 2006. He was there every step of the way during the pregnancy. He signed her birth certificate and has already filed a paternity affidavit to get split custody, all in Ohio courts. The results from the 14.99 Dna test shows he is not the father. He now doesn’t want to pay child support or be apart of her life anymore. What can be done to protect our daughter
HomeDNA Identigene says
Hi, Lynn. How best to protect your daughter is a question best answered by a family-law attorney. Keep in mind that any court will act in the best interests of the child, regardless of the results of a DNA test.
P.S. If he did a home paternity test (and it sounds like he did), those results are not court-admissible since identities of participants was not independently verified nor was DNA-collection supervised.