So many important decisions rest on DNA results, and participants are often understandably on edge during the process. A common question in paternity testing is, “Can a paternity test be wrong?” Once a report is issued, the results are not always what participants expected (or hoped), and that’s when this question usually arises. So can a paternity test be “wrong?” Here are some answers.
When Paternity Fraud or Father-Identification Mistakes Happen
According to World Net Daily, 30% of positive paternity claims in the United States are thought to be wrong. This means when a mother names a man as the biological father of her child, up to 1 out of 3 of those claims are incorrect, either because the mother is trying to commit paternity fraud or she’s simply mistaken.
What Does Paternity Fraud Look Like?
Here are some ways paternity-test results can be manipulated so that they don’t indicate the correct biological father:
- The mother can submit the DNA for a known child of the possible father as the DNA of the child in question in order to get a positive result
- The possible father submits his buddy’s DNA as his own in order to get a negative result
- After DNA is collected from the right people, the mother or possible father tampers with the mailing envelopes and submits DNA for different people
Can’t the Lab Catch Fraud?
In some cases, fraud or mistakes are easy to catch. If a child is supposed to be male, but a female’s sample is submitted, for example; in these cases, an accredited lab will suspend testing right away and start asking questions and/or request new samples. But the lab can’t always catch fraud, especially for at-home tests. This is because DNA collection is in the hands of the customer and is not supervised by a disinterested witness. This is also the reason why reports for at-home tests are not court-admissible results: because there’s no way to verify whether the DNA the lab is given actually belongs to who the customer says it does.
Example: For at-home testing, the lab is answering this question: Is Possible Father A the biological father of Child A? If DNA for someone else is submitted as if it belonged to Possible Father A, then the answer may be very different that what it should have been, couldn’t it? The results from the lab are actually scientifically correct based on the samples provided, but if DNA for someone other than Possible Father A’s was submitted—which is fraud— the report could show a false negative for him even if he really is the father.
SOLUTION: When doing an at-home paternity test, we recommend that all participants witness each other swabbing their cheeks and the child’s cheeks and sealing the swabs in the paper envelope. It’s also important to go to the post office as a group to drop off the mailing envelope, thereby preventing any post-DNA-collection tampering. If participants live in different states and there is reason to believe someone might want to monkey around with results, it might be wise to consider choosing a legal, witnessed test instead.
When Possible Fathers are Close Biological Relatives
When two alleged fathers are close biological relatives, they share a relatively large percentage of the same DNA.
- Father/Son: 50%
- Brothers: 25%
- Uncle/Nephew: 25%
- Grandfather/Grandson: 25%
Because of the shared DNA, when testing the minimum 16 DNA markers for paternity (HomeDNA tests a minimum of 20), there is a possibility that the man who is not the possible father could match the child being tested at every location. This scenario can create what is called a “false positive” result.
SOLUTION: Ideally, both possible fathers who share a close genetic link should test. But when only one man is available or willing to test, it is absolutely essential that the person ordering the test let the lab know before testing starts that there is another possible father who is a close relative of the man being tested and what the biological relationship is between the two men. This way, the lab can take this information into account as it does its analysis and generates a probability of paternity, plus it can test additional genetic markers if necessary in order to get conclusive and accurate results.
Why It’s Important to Choose the Right Lab for Testing
Like any other business, some labs are better than others. If you want to ensure results are correct for your paternity test, be sure to select one—like ours!—that maintains the highest standards of accreditation in the industry. Being accredited means that the lab’s practices and processes are held accountable by outside independent entities that come in regularly to do inspections and make sure everything’s kept on the up and up. Our lab is actually the only one to have every paternity test performed twice—by independent teams—to ensure complete accuracy.
About HomeDNA
Our home paternity test has been a leader in high-quality affordable DNA paternity testing since 1993 and is the most popular choice offered at retail stores from coast to coast, including CVS, Rite Aid, Walgreens, and Walmart. With a test this important, it just makes good sense to go with the best.
Sandy says
Please send me names of the best laboratories for DNA paternity tests
HomeDNA Identigene says
Hi, Sandy. I can only recommend our own, of course. Identigene is the at-home testing brand of DNA Diagnostics Center (DDC)located outside Cincinnati, Ohio.
Daniel says
Hello my name is Dana. I Took a DDC DNA test. And I was just curious a man passes down the Y-chromosome on to his son. Which is 23 genes. And the mother passes down the X-chromosome which is 23 genes. A man cannot pass down the Y-chromosome and the X-chromosome to their son. But yet the test I got they used the Y-chromosome from me and X-chromosome from me. The 2X chromosomes from his mother. And the X and Y-chromosome from my son. And they say he is my son because the DNA match its. But yet The Y chromosomes have like 8 or 9 that are not the same. And I know basic biology says that the Y chromosomes are passed down from generation to generation from grandfather to father to son. And that is without change. So can you help me with my answer to this question.
HomeDNA Identigene says
Hi, Dana. Only a Y-chromosome test actually analyzes the Y chromosome. In a regular paternity test, the sex chromosome is displayed in the report only for identification purposes. In other words, that part says, yes this participant is a male and yes this participant is a female. There is no other data associated with the sex chromosome in the report, so I think you might be assuming falsely that the data in the column directly above the “Y” and “X” is associated with the sex chromosome. It is not. A man cannot pass down his X chromosome to a son…but he DOES pass down the Y. Every time. The son gets the X from the mother. Remember, a child gets 50% of their DNA from mom and 50% from dad. It’s the other data from the test (19+ genes analyzed) that provides probability of paternity for paternity test, and it’s every bit as reliable as a Y-chromosome test. Hope this helps!
Herchel says
Hi, I have also done a Paternity test and it happened to be negative. My blood was not taken. the test was done with only the father and the daughter. Till today I feel in my heart and soul that this is his child. I just feel that this test was wrong. can you please make contact with me. I need those tests to be analyzed again.
Thank you
HomeDNA Identigene says
Hi, Herchel. Blood does not need to be taken for a paternity test and conclusive results can be obtained with only the possible father and daughter participating. If you’d like to do another test, just to be certain, please contact us at 800-681-7162.
Misti says
Hello how did this turn out for you? I’m currently in the same situation
Piper says
I would like to know how this turned out as well. My boyfriend did an at home paternity test without my knowledge and showed me the results. There are 5 non-matches but very close numbers. I don’t understand how the test says he couldn’t be the father when he was the only one I’ve been with. Please explain. He wants a second opinion, and I’ll be going to get tested this time as well. However, I’m also this close to suing the first lab because I know for a fact he’s the father.
John says
Hi my name is Johns, I just did a paternity test with my daughter in the UK DDC and the result was negative. I am not satisfied with the result because am convienced that she is my daughter. After researching, I discovered that there could be error or eating before the sample is taken could affect the outcome of the result. Please can someone help me by contacting me to analyse the test result i just received.
Thank you
HomeDNA Identigene says
Hi, John. Eating, drinking, or smoking within an hour prior to cheek-swabbing cannot change DNA: it can only affect the quality of the sample. If you were issued results from an accredited lab like DDC, then you can assume that DNA was able to be extracted from the swabs for testing and that contamination wasn’t a problem. Had the swabs been contaminated, the lab would have suspended testing and asked for new samples, without issuing results. You can be sure your results are accurate for the samples the lab was provided.
Mindy says
I really never considered the possibility of someone submitting someone else’s DNA to avoid having paternity confirmed! I imagine that’s pretty rare, depending on their ability to trick the lab. My friend recently had a child and there was some question of who the father was. She’ll have to get a paternity test just so her child can know who her father is someday.
Tracy says
I have done two dna test for the paternity of my son and it still come out inconclusive . We have done it twice and I am confuse . What could be the cause of it .
HomeDNA Identigene says
Hi, Tracy. I cannot give you a reason or cause. There is no reason in this day and age, with the technology available, why a lab would issue an inconclusive result for a paternity test. Is the lab you’re using accredited? In order to get conclusive results, the lab should add the mother’s DNA and/or test additional markers. I suggest you call and talk to one of our experts at 800-681-7162. Or you can contact us privately on our Facebook page to discuss the tests you’ve done: https://www.facebook.com/HomeDNAIdentigene/
Hannah says
My question is, once a paternity test result establishes the paternity between an alleged father and a child, there’s NO WAY another man can be the father of said child right?? UNLESS of course the second man is a close relative or a relative of that child’s alleged father right? I ask because even though the paternity has been established between my child and the alleged father doubt still crosses my mind and I don’t know if I should do another paternity test with the other man just to be reassured and to completely rule him out. I submitted all the samples for the child myself and alleged father #1 so there was no tampering with anything or any kind of fraud done. I will specify the second man has NO FAMILIAL RELATIONSHIP of ANY KIND with the man who the paternity was established with. I just get overwhelmed because the child doesn’t look so much like the man who IS deemed the father. Should I totally trust the results of the paternity test or should I do another test with the other guy?? My mind keeps making me doubt so I want to discard all the possibilities of doubt. Results were 99.9999997% matching at all 20 loci and combined PI is 4,836,323 (without mother) with me included the combined PI was 2,608,735,487 and 99.999996% but in this second test they only tested 17 markers. I did do 2 tests (thru DDC) because of my doubts. Please help.
HomeDNA Identigene says
Hi, Hannah. The type of results you gave would be accepted in court as proof of paternity, had you done legal tests with court-admissible results, so chances are that the alleged father is the biological father. A 99.9999997% probability, which is pretty darn high, coupled with a 2 billion to 1 chance that it’s someone else is extremely conclusive. If it would make you feel better to have the other man tested and it’s just going to nag at you if you don’t, then why not do it? Small price to pay for complete peace of mind.
Hannah says
I would do it and I’m considering it, but I fear the new results might say the past results were wrong or something like that and that really sacares me.
Anxiety much!
Ms stewart says
My grandson did a test but not all of the markers matched some were like 12 16 alleged 14 16..why are there so many differences if he’s 99.999 probability
HomeDNA Identigene says
Hi, Ms Stewart. Without having the test in front of me to look at, I’m going to assume you may be misinterpreting the data. Because a child gets 50% of their DNA from the biological father and 50% from the mother, your grandson’s data only has to match one of the numbers at every genetic location to be considered the biological father: not both numbers. For example, if your grandson has 12 16 at one genetic location and the child has 14 16, then the number 16 matches. The number 14 for the child would come from the child’s mother.
Lane says
Because my adoption was covered up with so much secrecy, I was told my parents were not the ones on the unsealed birth certificate.
Although the bio mother & fake mother are from the same town, and distant cousins.
The fake mother had 2 daughters a couple years apart..the 2 daughter’s are close or 1st cousins..is it possible that one is a relatives child?
HomeDNA Identigene says
Lane, I suggest you contact the company you did ancestry testing with. They’ll be able to look up your data and give you more accurate answers than I could without any data in front of me.
Lane says
Now DNA has me linked to the uncle to ..1st cousin..but my close/1st cousin will not budge with what she knows…is possible we are 1st cousins with same father/different mother’s…
I am so confused
Sandra says
My daughter has stated she had had a DNA test with my sister, and that it proves my dad is father to both of them. I know categorically that it’s not true, so how have they managed to get this result.
HomeDNA Identigene says
Hi, Sandra. All you have is her word to go by. Did she provide any proof, like a copy of the report?
Malia says
Hello. I’m Malia. I’m curious to know why doesn’t your company supply plastic bottles to secure the DNA samples before placing the samples into the envelopes for those being tested. An sample not only leaked through the envelope where it was being sealed for the individual but also leaked through the envelope that your company provided to collect all the samples. Where a mail carrier could’ve made contact on the samples do to not having the samples being safely stored while mailing to the address your company had provided with the home kit. Did we get a defective kit? Do the kits come with safely store bottles for samples? I’m just curious cause I watched a family perform their home kit in person and they had safely store bottles for their samples. Everything else was the same besides when my family and I submitted our samples we did not have the store bottles.
HomeDNA Identigene says
Hi,Malia. Storage bottles are for saliva samples and not for swabs. Putting swabs in bottles could result in possible mold growth during transport and contamination of the samples. Paper envelopes “breathe,” which prevents that type of contamination. As America’s #1 paternity kit, we’ve been successfully using paper envelopes for nearly 25 years and it is a safe and secure means of transporting cheek-cell samples. If by some chance a swab is contaminated in any way or contains two DNA profiles, the lab requests new samples (we’d send out new testing materials free of charge) without issuing a result, so there’s no danger of getting false results. For the thousands of samples we receive every month, the percentage of new samples requested is extremely small. No worries!
Carmina says
Hello, I had an at home paternity test done. In reviewing the results, I noticed there is the statement: the probability of paternity is calculated by comparing to an untested, random individual of the general population. It doesn’t state our race which is of the Hispanic population. I received a probability of paternity of 99.99999998 with a CPI of 7,180,582,378.
How Important is the race factor and would it completely change the results if it would read of the Hispanic population?
Thank you!
HomeDNA Identigene says
Hi, Carmina. No, factoring in race is only important in determining the strength of the CPI. It wouldn’t change the actual outcome. The man tested is considered the biological father.
Carmina says
Thank you!
Isabel says
Hello so i did a DNA test eith you guys and i was there i cheek swabbed the assumed to be dad and cheek swabbed my son so the results came im and it said %o but i am paranoid because my son kind of looks like him. Do you think theres anyway possible they could’ve made a mistake?
HomeDNA Identigene says
Hi, Isabel. We have multiple processes in place to prevent any kind of error or mix-up during the testing process, so the answer to your question is no. Remember, physical appearance is subjective; only DNA can confirm a biological relationship.
Nadina says
Hi
I just came across your site and want to do a test thru your company. I currently tested at a different lab and so did the man claiming to be my father. It came back that he is not my father… but still insists he is. Many many similarities and look just like him and his family. We did the chick swab.
HomeDNA Identigene says
Hi, Nadina. You didn’t mention where you live or if you need an at-home test or a legal test. Our kit is in U.S stores only and is not available to purchase online, but you’re welcome to contact the experts at our parent company, DNA Diagnostics Center and they can help you determine which test is best for you and purchase it as well.
U.S.A: 800-681-7162
International: 1-513-881-7800
Available M-F 8 am to 8 pm Eastern Time U.S.
Nikki says
Do the mom take the home test with child and the father?
HomeDNA Identigene says
Hi, Nikki. In most cases, a conclusive probability of paternity can be obtained without the mother. But sometimes, depending on DNA data, her DNA can help strengthen results. This is why we recommend that the mother test too (and why her participation is included in the lab fee).
Edouard says
I got a DNA result from your company when my first daughter was born 6 years ago. I checked on the form that there is no close relative that I suspect to be the father. The result came back that I am the father. Now many people suspect that my second cousin is the father because my daughter looks so much like him and he was living with us when my wife was pregnant. I did a second DNA test through DDC when my 2nd daughter was born. This time, I did the test for both daughters. It all came that I am the father but one daughter possibility was in 1 billion and the second in millions. Should a retest my first daughter? Thanks.
HomeDNA Identigene says
Hi, Edouard. No, there’s no need to retest. The difference in the Combined Paternity Index just means that the DNA you share with one daughter is more common in the general population for your race than the other daughter’s. But they’re both equally yours!
Edouard says
Thanks a lot. I feel much better.
Kaley says
Can first cousins or distant cousins cause a false positive???
Thanks!
HomeDNA Identigene says
No, cousins don’t share enough DNA to make a difference.
Maya says
Hi,
I made 2 dna test, one was when i was pregnant, so prenatal paternity test at DDC, and shows that my patner is father, than other i did in my country for court and shows the same result (99,9999995% and pi 192.000.000, made on 15 loci). But my child does not look like partner, i think that is even more similiar to the other man. So my question is, what do u think, that could be a reason that test is wrong or what to do. Or u think that result must be accurate. I dont want to keep searhing for answers and doing tests. And i dont want other man involved in to that. Thanks
HomeDNA Identigene says
Hi, Maya. Only DNA can determine the paternity of a child. Physical characteristics are subjective to opinion and are never absolute proof. Trust in science.
Maja says
Hi,
You think if i do another test (extended), with more loci (tested on more markers) that will show the same or different result.
Thank you for answer.
HomeDNA Identigene says
If the same people’s DNA is tested, the results will be the same.
Maya says
Hi,
one more question. If i take test – male line, on y cromosome, and take swab from father and son, test must show the same/similar results? Can this test shows my doubt in paternity test? Does your company offer that testing and how much will cost. Thank you for answer.
HomeDNA Identigene says
Our parent company offers this test. You can learn more here: https://dnacenter.com/dna-testing-services/male-lineage-y-chromosome-comparison-test/
Norman says
Can you swab somebody mouth while sleep and test comes out right or do they need to be woke and how long can swabs stay in the home before sending them ?
HomeDNA Identigene says
Hi, Norman. Many parents swab their babies or small children while the little ones are asleep. DNA doesn’t change whether it’s collected while the person is awake or whether they’re not. After swabbing, swabs are viable for about 6 months, as long as they’re kept in a cool, dry place.
Irene says
Hello I did a DNA tes in my pregnancy at 9 weeks comes negative on the man I thought was the dad but I still have a lot of thoughts you think I have te do a tes after the baby born?my lab was DDC
HomeDNA Identigene says
Hi, Irene. If DNA collection for the man tested was witnessed (if you did a chain-of-custody test), then you can be absolutely sure the man tested is not the biological father and there’s no need to test after the baby is born. The prenatal paternity test by DDC is the best one there is and results are accurate for the samples provided to test.
Sharon says
A paternity test was done with a swab from my husband and daughter came back he was excluded. I meant my husband when I was 16 I’ve never had sex with another man. How is this possible. ???Reason for the test was because he didn’t show up on an ancestory. Com test. We have been married 48 years . Are there reasons for a test to be wrong…
HomeDNA Identigene says
Hi, Sharon. You have two independent sources confirming the same conclusion: that your daughter and the man assumed to be her father in fact do not share a biological relationship. Unfortunately, that’s very conclusive information.
Bj says
Hey Sharon did u ever take another test ?
Anonymous says
My test came back my husband wasn’t my son’s father and I was a virgin when I met him. I don’t trust this company results.
Tyler says
With a mouth swab test from DDC on (suspected father), daughter, and mother with a 99.999999998% probability of paternity and a 591,542,713,838 CPI is there any way that that could be wrong in any situation?
Ben says
Hello, Can you carry out a paternity test BEFORE the baby is born – I am told in the UK its not possible (and possibly dangerous to the baby if they tried) whereas a company in Hong Kong have said yes no problem with a sample of the fathers hair or nails ?
I would value your opinion please
HomeDNA Identigene says
Yes. Our parent company DDC performs this test. In fact, it’s the only prenatal paternity test accredited by the AABB. It can be performed as early as 7 weeks, and requires a cheek-swab sample from the possible father and a small blood sample from the mother. We perform these all the time for customers in the UK. It’s completely non-invasive, which means it’s absolutely safe for both the mother and the pregnancy. You can learn more here on the UK site: https://dnacentre.co.uk/dna-paternity-test/prenatal-paternity-test/
Ben says
Thank you for your answer – I am from the UK but living in Thailand, is it possible to send it OR have a centre here ?
HomeDNA Identigene says
Our UK office can help you best with that question, Ben.
Sam H says
Have you ever had a false positive? Two men could have been my sons father but the one that the test was positive for doesn’t feel quite right now that my son is older. I have a hunch I’m the 1 in whatever number to get a false positive. What should I do, How do I get help?
HomeDNA Identigene says
Hi, Sam. The only way to get a “false positive” is if the two men share a close biological relationship, such as father/son or brother/brother, and the lab was not notified of this possibility ahead of time. If the two men are unrelated, then this is not an issue.
Maria says
Hi. I’d like to get some help. I am married and have a babyboy that’s almost a year now. I was fooling around with a guy around the same time I was with my husband in trying to conceive prior to getting pregnant. I got pregnant about 2 weeks after. I did have sex with my husband. I did NOT have sex with the other guy. But, we did have oral sex. And I read that if there is semen on the hands and it is penetrated inside the the woman’s vagina, she could become pregnant. Since I fooled around with the other guy (only oral sex no actual penetration), I wanted to rule him out as the father. So I decided to the non-invasive prenantal test with him. He agreed although he called me crazy. The results were 0% which I was relieved to see. I started thinking about this again and now I’m going crazy. So, I want to do a DNA test with my husband instead to get piece of mind. He has no idea but now this is driving me crazy. Can the other guy be the dad even though there was no penetration? Could the test have been Wrong? I’ve seen bad reviews from DDC and that’s who I went with and now I’m so worried thinking that the other guy could be the father. I just want to live life and leave that past behind. Please help me.
HomeDNA Identigene says
Hi, Maria. DDC is our parent company; yes, some people leave bad reviews for a variety of reasons…this is an emotion-filled test. But be assured we stand behind the test and results are correct for the DNA samples we are provided to test. As for your other question: Sperm are persistent and it only takes one in the right ZIP code to impregnate a woman; so if a man’s hand has semen on it and it penetrates a woman, the odds are low, but she could get pregnant.
Maria says
What are the chances that samples can get mixed? I was reading on trust pilot I believe it is that DDC provided incorrect DNA results to a customer. Therefore the father of the child that they provided 99.9% to actually ended up not being the father. I am now super afraid thinking this could happen to me. There really is no guarantee that results are always correct, no?
HomeDNA Identigene says
People say all kinds of things on review sites that are never proven. We would not have stayed in business for 26 years by providing wrong results. You can be sure your report is accurate for the samples provided to the lab for testing.
Sonia says
My whole life i was told my dad lived in Puerto Rico i live in jersey i sent my results to him in PR and he shipped both of ours today… it came back 0% i don’t know how and very shocked it’s been 28 years and finally decided to do a swab… i don’t understand all the other numbers can the test be wrong?
HomeDNA Identigene says
Hi, Sonia. If an accredited lab was used, you can be sure the result is correct for the samples provided to the lab for testing. There are two possibilities here: (1) He’s not your biological father, or (2) He submitted someone else’s DNA for testing instead of his own.
Gabriela says
Hi!
Is it possible a test can have a typing error? My husband which is the alleged father and her alleged daughter took a Dna test in Mexico. And it certainly show he is the father but in the amelogenin part shows that the girl is a boy (xy) and her test was originally made with blood stain and my husband swab. On the report says she had a swab test.
Can the test just be runned to my husband?
Or could be just a typing error?
HomeDNA Identigene says
Hi, Gabriela. You need to contact the lab where you tested right away to get answers about that discrepancy.
SF says
My niece did a test through Ancestry for her genetics and it came back with no Italian heritage at all, but all from England,Norway and Germanic Europe. Her mother’s family descended from Norway. We are Italian on both my father and mothers side and my brother (her father) passed away so they cant get a DNA sample from him. She is perplexed because her mother claimed there wasn’t another man, but the results are there. She asked me to take a test but I am concerned with privacy once results end up in a database. Does this show he was not her father ? Is there any way for her to get a test from something of his ?
HomeDNA Identigene says
Hi, SF. Be wary of making assumptions about paternity based on an ancestry test. It may just be that your niece didn’t inherit the genes from her ancestors that show her Italian heritage. If you want to confirm a biological relationship, you can do an avuncular (aunt/uncle) test with your niece. If she’s a minor, it would require permission from her mother. The chances of optimizing conclusive results are greatly improved if the mother also contributes her DNA. I suggest you contact our parent company DDC directly for a confidential consultation and to get all your questions answered: 800-681-7162 (M-F, 8 am to 8 pm Eastern).
Neli says
How many markers are tested in prenatal paternity test? U maybe know how much markers check DDC? Is this same as post paternity test? ( 16 is minimum right?) Thank u for answering.
Neli
HomeDNA Identigene says
Hi, Neli. DDC is our parent company, and the prenatal test analyzes up to 2,000 genetic markers since it’s a different and more involved process. Our postnatal test analyzes at least 21 markers.
Nadiyah says
I did a test with my child and boy friend and it came back 0% how can this be if I’ve never had sex with anyone else?
HomeDNA Identigene says
Hi, Nadiyah. There are two choices here: (1) He submitted someone else’s DNA instead of his own for testing, or (2) There is a different father
Who said says
My date of conception shows that my partner is my child’s father. We took a Paternity test through labcorp (buccal swab) and it came back that he wasn’t the father. Most of the weird numbers match. (12 alleles were the same) I was raped over 3 weeks after intercourse with my partner, the person wore a condom, I had began birth control, and my child was born at 39 weeks. My infant was eating within 5 minutes of being swabbed. Should I retest because I feel strongly that my partner is his father.
HomeDNA Paternity says
Hi. You didn’t mention whether the test was an at-home one or a legal one. If it was a legal one where DNA collection is witnessed and chain-of-custody is maintained throughout, then you can definitely trust the result to be correct. If you did an at-home test, the results may still be correct, but you cannot be sure unless you personally maintained custody of samples before mailing them to the lab and witnessed your partner swabbing his cheeks. If this is nagging at you, it wouldn’t hurt to retest, but this time do a legal test.