Paternity issues when unmarried parents split up

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).

READ MORE ABOUT PATERNITY FRAUD

 In many states, there is a fairly short statute of limitations for challenging paternity. This is generally done to protect the child’s right to be supported by the people they consider parents. Keep in mind that if a man is named on the birth certificate but later wants to change his legal status in regards to the child, he may have as little as two years to do it. It is wise to be aware of individual state laws regarding deadlines for establishing or disputing paternity.

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 14th 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>.

Identigene DNA paternity testing

DNA Paternity Testing Samples: Blood, Spit, or Cheek Swabs?

by HOMEDNA on 03/22/2021

If you’re planning on doing  DNA paternity testing, one of the first questions you think of may be, ‘Is this going to hurt?’  As a top DNA paternity testing lab, we get asked all the time whether there are going to be needles involved. The answer is simply, ‘Probably not.’ The overwhelming majority of post-natal paternity tests are conducted using cheek (or buccal) cells, collected with a painless swab.

Here’s why blood, spit, or cheek cells may be used for DNA tests and also why cheek cells are the method of choice for most DNA paternity testing.

Is Spit Used for DNA Paternity Testing?

Saliva (spit) can be used for paternity testing, but there are some definite pros and cons:

PROS: 

  • It is an excellent source of testable genetic material and a large amount of DNA can be collected in a relatively small sample of saliva
  • It is non-invasive, meaning there are no needles involved and no discomfort

CONS:

  • It is extremely difficult to get a pure saliva sample from a newborn, so the risk of contamination during collection can be high
  • Testing materials (a vial plus specialized liquid for DNA preservation) are expensive when compared to cheek swabs, and that means higher testing costs for the customer
  • If an exclusion (or ‘not the father’) result is obtained and the lab only has one vial of the customer’s saliva to work from, results cannot be confirmed using a separate sample

Why Use Blood for Paternity Testing?

DNA is DNA, so there’s no difference between the genetic material in a blood sample and that collected by other methods. For the most part, DNA collected through cheek swabs or saliva is all that’s needed for fast and accurate paternity testing. But there are times when a blood sample is necessary:

  • For a prenatal paternity test, it is necessary to take a blood sample from the mother. Cells from the fetus free-float in the mother’s bloodstream and so a DNA profile can be obtained from these fetal cells and compared with the possible father’s. The possible father’s DNA is obtained via buccal swabbing
  • In certain cases when the possible father has passed away, a coroner or hospital may have retained a blood card containing the deceased’s DNA. That sample can be tested to help determine paternity

PROS:

  • The risk of accidental sample contamination is extremely low

CONS:

  • Needles are involved, so if you are squeamish or highly-sensitive to pain, this isn’t the optimal choice
  • Blood samples require refrigeration, which is inconvenient at best

Why are Cheek Swabs the Preferred Method for DNA Collection?

When you buy a DNA paternity test kit at a retail location, it comes with three sets of three cheek swabs. Buccal swabs aren’t like regular cotton swabs: they’re specially-designed to effectively collect and trap cheek cells within the fibers.  There are reasons why we use these swabs for most tests instead of any other method:

PROS:

  • Swabs are effective, yet inexpensive. Since three swabs per participant are included in the kit, the lab gets all the DNA it needs to perform the testing and the price of the test is low for the customer
  • It is a non-invasive method of collection: absolutely no needles or pain
  • Unlike collecting saliva, it is easy to collect good DNA samples from the littlest child-even a newborn!
  • Swabs do not require refrigeration. In fact, after samples are collected, they are good for up to six months as long as the swabs are kept in a cool, dry place
  • It is easier and faster for a lab to extract DNA from a cheek swab than from blood

CONS:

  • It is possible for cheek swabs to become contaminated if customers do not handle them per kit instructions. If this happens, however, it doesn’t affect results because it will be caught at the lab level during testing. The customer is then asked to collect new samples before testing resumes.

The Bottom Line

As you can see from these comparisons, the pros of using buccal swabs far outweigh the cons, which is why they are the DNA collection of choice for fast, accurate, and affordable paternity testing.

BUY A PATERNITY KIT NOW

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. 

IDENTIGENE 100% accurate home paternity test for $89

Home Paternity Test vs. Doctor’s Office

by HOMEDNA on 03/08/2021

If you’re considering paternity testing, the consequences of the results can be life-changing. So making an informed decision on where and how to do the test is always a top concern. As a premier DNA testing lab, two of the first things people ask us are, “Is a home paternity test like yours just as accurate as one ordered through a doctor’s office, and what are the main differences?” Also, “How much is a DNA test?” Let’s answer all these questions.

Is a Home Paternity Test as Accurate as One Ordered through a Doctor’s Office?

Short Answer: YES.

Now the details. When a paternity test is ordered by a doctor, samples are collected in the same way you would do with a home paternity testing kit: using a painless cheek swab. Some doctors may still draw blood to collect DNA and order a test called RFLP), but drawing blood is invasive and painful. Besides, the RFLP is also largely obsolete now due to the rise of more inexpensive DNA extraction and analysis techniques; as a result, cheek swabs are the widespread collection method of choice. Since DNA for one person is the same in every cell in their body, the accuracy of a test performed with cheek cells is exactly the same as a blood sample.

As long as a user follows kit directions carefully, the quality of the cheek sample when collected at home is just as good as one collected by a doctor or lab.

 What about the Quality of the DNA Testing Lab?

In an apples to apples comparison, the process for extracting and processing the DNA is the same at all AABB-accredited labs, whether you use a home paternity test or one ordered by your doctor. If you choose to go through a doctor for your paternity test, be sure to ask about the accreditations of the lab used by the practice.

As an example of competency and overall excellence of home paternity testing labs, the DDC lab (parent company of HomeDNA Paternity) maintains the highest levels of accreditation possible. What this means is that you get the accurate results you expect whether you pay $139 with HomeDNA Paternity or over $400 somewhere else.

FIND OUT MORE: Buccal Swabs vs. Blood Samples for Paternity Testing

How Much Does a Paternity Test Cost?

How much does home paternity testing cost? The lab cost for an at-home test for one possible father and one child is $139.

How much does legal home paternity testing cost?  The total cost for a legal paternity test with court-admissible results starts at $300.

How much is a paternity test from a doctor? Depending on what lab is used, the cost for paternity testing in either circumstance can be $400 or more.

There are big differences in DNA test cost, so be sure to do your homework before choosing.

Other Differences between a Home Paternity Test and One from a Doctor

Convenience

Home paternity testing: There’s no scenario more convenient or stress-free for participants than being able to swab their own cheeks and their child’s at home.

Doctor-ordered test: Participants generally must make a visit to an office, lab, or DNA sample collector’s location.

Court-Admissible Results

Home paternity testing: When you do an at-home, peace-of-mind test, the results are not court-admissible; this is because the court cannot verify that all participants were who they said they were at the time of testing. For results to be court-admissible, a legal paternity test must be done, wherein participants’ IDs are checked and sample collection and mailing are supervised by a third-party witness. You must call us directly at 800-929-0847 (M-F, 8 AM to 8 PM Eastern) to make arrangements for a third-party witness.

Doctor-ordered test: When doctors order paternity testing, collection is generally supervised by a third-party witness, either in their office or at the lab. If legal test protocol is followed, then results are automatically court-admissible.

Comparing DNA Labs: Two Real-Life Customer Stories

Review on the Walmart Website

“Many people may be afraid to spend their money on such a product thinking that it is a scam. Well I am here to tell you that it is NOT a scam! Back in 2009, I found out I was pregnant and I knew that there were two possibilities. In July, I bought the HomeDNA home paternity test. I had no way of knowing if the results were accurate, but I ended up having to go through the child support office for a LEGAL test anyway and the results were identical. Well I find myself having to buy the HomeDNA test yet again. I didn’t hesitate this time because I already knew for a FACT that the tests were exactly what I expected them to be: ACCURATE.”

Review on the DNAtesting.com Website

“I took the home test and the results were negative. . . I was broken. I searched every website I could where people said that the results were wrong because I didn’t want to believe that the child was not mine. I decided to take a test with a reputable lab and spent $425 in addition to having paid for the HomeDNA test. After I got the second test back, I saw they were exactly the same. I thought before if HomeDNA is wrong I would expose them as frauds. Seriously, they are accurate.  If you are reading my review, this is a company that I didn’t trust after I got results I didn’t want. I found reviews from people who said they would get a second test and never posted the second test results. I promised myself I would do this to help someone else and if they were wrong I promised I would expose them. Here I am telling you, you can trust them.”

Customer reviews are a great way to find out what real customers think about our home paternity test and legal paternity test services. We’re proud to maintain consistently high ratings and to help thousands of people every month get the accurate answers they’re depending on.

CLICK HERE for more Reviews

Buy a Home Paternity Test

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

 “How Much Does a Paternity Test Cost? – CostHelper.com.” CostHelper. CostHelper, Inc., n.d. Web. 09 Feb. 2016. <http://health.costhelper.com/paternity-test.html>.

 “Paternity Tests: Blood Tests and DNA – FindLaw.” Findlaw. Thomson Reuters, n.d. Web. 09 Feb. 2016. <http://family.findlaw.com/paternity/paternity-tests-blood-tests-and-dna.html>.

“Restriction Fragment Length Polymorphism.” Wikipedia. Wikimedia Foundation, n.d. Web. 09 Feb. 2016. <http://en.wikipedia.org/wiki/Restriction_fragment_length_polymorphism>.

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