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What Do You Mean by “Legal Paternity?”

by HOMEDNA on 05/03/2021

“NOTE: This information-only article may help you better understand the terms, definitions, and language used in legal paternity situations and is not legal advice. For specific legal advice, please contact a lawyer in your state.

Studies show that one in ten people have a paternity-related question. Often the question of paternity is a simple one, and those involved just need the peace of mind that comes with knowing who is the father. But legal questions about paternity can get far more complicated. For example:

Who is allowed to go to court to determine the father of a child ?
When can a case be filed with the court and how much time do you have to establish paternity?
What is the court process in a paternity case?
What evidence is used in paternity cases to prove the existence of a parent-child relationship?
How does one go about getting a legal paternity test?

Having answers to questions like these can give you a better understanding of the legal paternity process, and may be important to protecting your right to be involved in the child’s life.

Using the State of Colorado as an example, we’ve researched a few answers to commonly-asked legal paternity questions. Of course, laws vary from state to state and you should contact a local lawyer where you live for answers to your specific questions.

Who is allowed to go to court to determine the father of a child ?

The child
The biological mother
The alleged father
A representative from the State of residence
A representative from the Department of Human Services
A county department representative of social services

When can a case be filed with the court and how much time do you have to establish paternity?

A paternity case can be filed anytime before the child’s 18^th birthday, if trying to prove a parent-child relationship.
To prove that a man is NOT the father of the child, parties must file within a reasonable time after the man finds out someone may claim he is the father, and definitely before the child’s fifth birthday.
Child support enforcement agencies can bring an action on behalf of the child at any time before his or her 21st birthday, if the amount of time allowed to bring the suit was less than 18 years when the child was born. A child can bring an action anytime before his or her 21st birthday.

What is the court process in a paternity case?

An informal hearing is scheduled first with the court. If it is determined by the court to be in the child’s best interests, a hearing is then ordered to have the case heard before a judge.
The court may determine that in the best interest of both parties, the hearing may not to be open to the public.
A record of what happens at this hearing will be kept if any party requests it.
If any witness refuses to testify, the court can order the witness to testify and produce evidence related to all relevant facts in the case.
Any party may seek a restraining order, injunction, temporary orders as to custody, parenting time, and support as soon as the court enters an order determining the existence of the parent-child relationship.

NOTE: Issues of temporary custody, parenting time, and support are decided under a different set of rules established by each State.

What evidence is used in paternity cases to prove the existence of a parent-child relationship?

Evidence of sexual intercourse between the mother and the alleged father at any time that would make it possible for the child to have been conceived during that encounter.
An expert’s opinion that based on the duration of the mother’s pregnancy, there is a chance that the man could be the father.
Medical or anthropological evidence
Legal DNA Paternity Test (through DNA Diagnostics Center, which is the parent company of HomeDNA ) with a witnessed 3^rd party collection

How do I get a legal paternity test?

It should be noted that there is a difference between a ‘personal’ HomeDNA paternity test, and a ‘legal’ DNA paternity test. To be considered a ‘legal’ test, the swab collection needs to be performed with a witnessed third-party DNA collector. Typically, an additional fee per person is paid to the collection service for this process. This unbiased collection prevents sample tampering, and provides a chain-of-custody process for samples: from collection to results
An at-home kit cannot be used for legal purposes, but a legal paternity test can be ordered through our parent company DNA Diagnostics Center (DDC) or by calling 800-681-7162. Already have a home kit? No problem: We’ll credit your account for the cost of the kit
We will set up an appointment with a collector near you
In order to maintain chain of custody, we must send the kit directly to the approved collector. You cannot take a kit with you to the appointment
Collectors will send documentation and collected samples back to the lab on your behalf
After samples arrive at the lab it will take two (2) business days to receive your results. The secure and private results will be available online (where you can also print them).

(Colorado Judicial Branch. For State-specific information, call the courthouse in your community.)

Read related stories with more information regarding Legal Paternity Testing:

Establishing Paternity and Legal Paternity Testing

Do I need court-admissible DNA results?

Privacy and Accuracy With Paternity Testing

Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Top 7 Myths about DNA Testing: Get the Facts!

by HOMEDNA on 04/12/2021

DNA Testing: Fact vs. Fiction

When you hear “DNA testing,” the term itself is kind of intimidating, isn’t it? We see it used all the time in popular shows like CSI and others, where it’s given a white-hot spotlight and success or failure rests on results. Evidence at the crime scene is sent away to a mysterious lab, where it is processed super-fast and, in less than one hour (!), the “bad guy” is identified, booked, convicted and sent away for life. Fact? Well, it makes for good TV, but the way it’s usually portrayed is pure fiction, and the reality is a lot less sexy.

In real life, for most of us a diagnostic DNA test will involve testing for paternity or some other family relationship. Did you know a landmark study (Bellis) suggests that as many as 30% of children involved in a paternity test are actually being raised by men who think they are the fathers, but aren’t? This isn’t TV fiction: This is a serious issue, involving real families and raw emotions.

Thousands of paternity test samples are processed at our lab each year using the latest DNA test technologies. It’s a reliable test that works! Despite the fact that at-home paternity testing kits have been available at local stores since the HomeDNA Paternity brand introduced them to the public in 2007, there are some misconceptions that persist. Here are the Top 7 myths about paternity testing: debunked.

7. MYTH: DNA testing is too expensive

FACT: With the advances in DNA analysis, paternity testing keeps getting more and more affordable. In fact, you can purchase a HomeDNA Paternityhome collection kit from your local pharmacy for less than $30 and then the testing fee for a straight paternity test is just $139. If you need to use the test for legal purposes (such as child support or custody, or for social security) or if more extensive testing is needed for any reason, there are added costs. But it’s a small price to pay for peace of mind! Need it for court? Contact us directly at 800.929.0847.

6. MYTH: Paternity tests are an invasion of privacy

FACT: We handle each case with absolute confidentiality. We understand that this kind of testing is intensely personal and we take every step to safeguard your privacy.

5. MYTH: You have to wait for the child to be born before you can do a DNA test

FACT: Actually, prenatal DNA testing to determine paternity is a reality. However, some of the methods for collection (Amniocentesis and CVS) are quite invasive and may put the baby at risk, so many obstetricians will not agree to test strictly for paternity. A Non-Invasive Prenatal Paternity (NIPP) procedure is also an option, it’s completely safe, and can be an excellent choice for those who need or want results before the baby’s born.

4. MYTH:Paternity tests are complicated and painful

FACT: No needles! Let’s just get that out of the way, because many people assume that DNA test collections involve nasty needle-pricks. Not true! Test samples are obtained by using buccal (cheek) swabs. Participants swoosh the inside of their cheeks for 30 seconds (the parent may need to collect samples for the child if they’re young), and that’s it! Even newborn babies can have their cheeks swabbed. Each kit contains full instructions on what and how to do everything from start to finish, so it’s an easy as well as pain-free process.

3. MYTH: DNA testing divides families

FACT: Conducting a paternity test actually has lots of positive benefits and can unite families through adoption, immigration, establishing genealogies and more. It can also help resolve issues involving child support and other similar dilemmas. If someone has nagging doubts about paternity, that alone can emotionally divide a family. A simple paternity test gives clarity as well as peace of mind, because everyone can move forward and make important family decisions once they know the truth.

2. MYTH: Paternity testing takes too long and results are complicated

FACT: The super-fast, one-hour results they show on TV are fantasy, but in real life, getting results doesn’t take as long as you might think. Each paternity test kit includes a business-reply envelope, so you don’t have to pay postage. Depending on where you live, it takes 5-10 days for the samples to reach our lab. Once here, you get your results back in just two (2) business days!

1. MYTH: DNA Paternity tests are not really accurate

HomeDNA Paternity tests are the most reliable results available and the results are proven accurate. Typically, positive test results probabilities are greater than 99.99%. Because our parent company, DDC, runs an accredited laboratory, we follow strict scientific guidelines for every test. In addition, every paternity test is processed twice, so you can be absolutely confident in your results.

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If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Bibliography & Resources

Bellis, Mark A., Karen Hughes, Sara Hughes, and John R. Ashton. “Measuring Paternal Discrepancy and Its Public Health Consequences.” BMJ.com. Journal of Epidemiology & Community Health, 22 June 2005. Web. 15 Sept. 2015. <http://jech.bmj.com/content/59/9/749.long>.

Bowman, Julia. “Child Paternity Test: DNA & At Home Paternity Testing.”Child Paternity Test DNA At Home Paternity Testing. N.p., 18 July 2010. Web. 15 Sept. 2015. <http://childpaternitytest.com/category/child-paternity-test-info>.

“Paternity Testing – American Pregnancy Association.” American Pregnancy Association. American Pregnancy Association, 24 Apr. 2012. Web. 15 Sept. 2015. <http://americanpregnancy.org/prenatal-testing/paternity-testing/>.

Paternity Issues: When Unmarried Parents Split Up

by HOMEDNA on 03/29/2021

You and your partner have welcomed a sweet little baby into the world. You’re busy changing diapers and arranging schedules and figuring out the ins and outs of daily life that all new parents face.

In the middle of the hustle and bustle and sleep deprivation, probably the last thing on your mind is the thought that the two of you might split up someday.

You haven’t married, but that’s not really necessary nowadays, right? When it was just the two of you, probably not. But now that you have a little one, it’s important to know what happens when unmarried parents split up and what the paternity laws are both at the federal level and in your state.

Establishing Paternity Rights: Taking Care of Business

In most states, when parents break up, the mother is presumed to have the primary (natural) right to custody of children born when she isn’t married (Clarke). In fact, the court often gives sole physical and legal custody to the mother (Saukas).

A biological father who has established legal paternity has substantially more say over custody and care of a child than one who has not.

If an unmarried father hasn’t yet made his paternity legal, he should do so immediately by signing a voluntary Acknowledgement of Paternity Affidavit and take steps to have his name added to the child’s birth certificate.

You can find out how to do this where you live by visiting the National Center for Health Statistics and clicking on your state.

Paternity in Question: Not Sure You’re the Father?

If the father has any doubts about whether or not he is the biological father of the child, he may want to request a legal paternity test. He should make sure to do so before signing the Acknowledgement of Paternity Affidavit and/or being listed on the birth certificate.

If the mother doesn’t agree to a paternity test, she may be compelled to do so by the courts. Once a man signs the affidavit or birth certificate, he may be liable for child support until the child is an adult, even if a later paternity test shows he is not the father (Padawer).

Are Paternity Rights for Unmarried Fathers Constitutional?

According to the U.S. Department of Health and Human Services, the U.S. Supreme Court has recently affirmed a series of adoption cases involving the constitutional protections afforded to unmarried fathers. These protections came under the 14^th amendment. But this does not mean this protection will be afforded in every case, especially if legal paternity has not been established. In those cases, states still very much have the last word.

The Bottom Line

Parents splitting up is hard on everyone involved, whether they’re married or not, but the consequences can be especially tough for unmarried couples. Getting informed and taking proactive steps now to protect future relationships with a child is the wise thing to do. If you are unsure about what to do or what the laws are in your state, you may want to consider hiring a family-law attorney or other type of legal resource in your area. When the ongoing connection with your child is at stake, paying a few legal fees is a small price for what is essentially a priceless relationship.

Get a Paternity Kit

Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Resources

Clarke, Peter. “Child Custody Laws between Unmarried Parents.” Child Custody Laws between Unmarried Parents. Legal Match, 11 Jan. 2016. Web. 09 Mar. 2016. <http://www.legalmatch.com/law-library/article/child-custody-between-unmarried-parents.html>.

Padawer, Ruth. “Who Knew I Was Not the Father?” The New York Times. The New York Times, 21 Nov. 2009. Web. 09 Mar. 2016. <http://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html?pagewanted=all>.

Saukas, Gail. “Married vs. Not: The Difference It Makes in a Custody Battle.”WOTV4womencom. WOOD Television, LLC, 30 Apr. 2015. Web. 09 Mar. 2016. <http://wotv4women.com/2015/04/30/married-vs-not-the-difference-in-makes-in-a-custody-battle/>.

“State Statutes Search.” – Child Welfare Information Gateway. Department of Health and Human Services, n.d. Web. 09 Mar. 2016. <http://www.childwelfare.gov/topics/systemwide/laws-policies/state/?hasBeenRedirected=1>.

“The Rights of Unmarried Fathers.” – Child Welfare Information Gateway. Department of Health and Human Services, Jan. 2014. Web. 09 Mar. 2016. <http://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/putative/>.

“Where to Write for Vital Records.” Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 16 Sept. 2015. Web. 09 Mar. 2016. <http://www.cdc.gov/nchs/w2w.htm>.

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