Legal Paternity Test Archives - Page 3 of 10

Simple Answers to New Parents’ Important Legal Questions

by HOMEDNA on 03/12/2018

New Parents’ 3 Top Legal Questions: Get the Answers

The experience of having your first baby includes: excitement, anticipation, joy, nervousness, and yes-maybe even a little bit of sheer terror-all rolled into one. Getting enough sleep suddenly becomes a luxury, and making a quick run to the grocery store is no longer quick. For most of us, starting a family comes with the realization that there is a little person now for whom we have to be the responsible adult. Providing the basics of shelter, food, clothing, love, and diapers (lots and lots of diapers) are no-brainers. But what about legal concerns now that there is a minor child in the house? Is there some sort of ‘checklist’ for new parents? The answers are yes and yes. Here are a few simple answers to new parents’ important legal questions.

1. QUESTION: Does my child have to get a Social Security number?

ANSWER: No.

Actually (and maybe surprisingly), the answer to this one is no. According to the U.S. federal government’s Social Security website, getting a Social Security number for your newborn is entirely voluntary. That being said, there are all kinds of good reasons why new parents should get their baby one, both for you and your child. It may be hard to imagine right now, but eventually your little person will grow up and having a number makes it easier for them to:

Apply for a job
Open a bank account
Apply for certain types of public assistance or a federal job
Get a passport
And more

As new parents, you can claim your dependent exemption and child tax credit on your income taxes. These are substantial tax-break benefits but you can only get them if your child has a social security number.

Applying for a social security number on behalf of your baby is easy. The birth registration form is usually distributed right in the hospital. If you didn’t deliver your baby in a hospital or for some reason were never given this form, you should visit your local Social Security Administration office as soon as possible to get the ball rolling.

2. QUESTION: Do we need to establish legal paternity by taking a paternity test?

ANSWER: Maybe.

The answer to this one really isn’t black and white, because every family’s circumstance is different. If parents are legally married and there is no doubt as to who the biological father is at the time the baby’s born, then you don’t need to do a legal paternity test to establish parentage. The answer is no. However, there are times when the answer is yes and it is advisable to do so.

Consider a legal paternity test:

If you are not legally married and no longer together. Having court-admissible proof of paternity can help a father establish his parental rights and responsibilities.
If you are a single mother seeking child-support payments for the new baby from a possible father.
If you are a possible father who wants proof of paternity before agreeing to sign an acknowledgment of paternity and adding your name to a birth certificate.

Bottom line: If there are any doubts about parentage, ask your partner for a test. A legal paternity test is different from a ‘peace-of-mind’ at-home test and certain processes must be followed in order for results to be court-admissible.

LEARN MORE

BUY A PATERNITY KIT NOW

3. QUESTION: As new parents, do we need to name a guardian for our child?

ANSWER: Yes.

The last thing you want to think about right now is the possibility of your not being there for your child as they grow up. But the unexpected does happen every day, so it’s wisest to be prepared [Bernard]. Even if you don’t think you own any physical assets worth passing on to your baby, naming one or more guardians in your will is extremely important.

Don’t have a will yet? Now’s the time to do it! It doesn’t have to cost a lot of money and can even be done online. Just do it, for your baby’s protection. If you don’t select a guardian to care or your child before you pass away, the courts will do it for you and their decision may be less than ideal.

Ready or not, here come all these new responsibilities! Check these three items off your new parents’ to-do list, then relax and enjoy the parenthood ride.

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

‘The Legal Rights and Responsibilities of a Parent.” Lawyers.com. N.p., n.d. Web. 13 Oct. 2015. <http://family-law.lawyers.com/children/the-legal-rights-and-responsibilities-of-a-parent.html>.

Bernard, Tara Siegel. “For Parents-to-Be, a Few Financial and Legal Tips.”The New York Times. The New York Times, 08 Mar. 2013. Web. 13 Oct. 2015. <http://www.nytimes.com/2013/03/09/your-money/financial-tips-for-expectant-parents.html?_r=0>.

“A New Parent Checklist: Starting a Family | Nolo.com.” Nolo.com. Nolo, n.d. Web. 13 Oct. 2015. <http://www.nolo.com/legal-encyclopedia/new-parent-checklist-starting-family-29864.html>.

“How to Establish Paternity | Nolo.com.” Nolo.com. Nolo, n.d. Web. 13 Oct. 2015. <http://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter7-4.html>.

“Social Security.” Kids and Families. Social Security Administration, n.d. Web. 13 Oct. 2015. <http://www.ssa.gov/people/kids/>.

Fontinelle, Amy. “The Purpose Of Having A Social Security Number.” Investopedia. Investopedia, LLC., 06 May 2015. Web. 13 Oct. 2015. <http://www.investopedia.com/articles/personal-finance/050615/purpose-having-social-security-number.asp>.

Prince and Celebrity Paternity Testing

by HOMEDNA on 05/23/2016

Prince’s sudden death created ripples of shock around the world, and tributes continue pouring in. After the initial period of mourning, a new story has taken over the headlines: Who will claim a portion of his $300 million estate? DNA testing may hold the answers.

Have you noticed how long-lost ‘relatives’ suddenly appear whenever a famous person passes away? They seem to be especially numerous when there isn’t a will and no clear heir in the picture. Here’s a quick look at this case as well as other famous paternity testing battles.

How does Paternity Testing Work with a Deceased Person like Prince?

Prince’s body was cremated, but only after a thorough autopsy was conducted. During most autopsies, blood samples are collected on a filter-paper blood card, in case DNA is needed later on. With proper authorization, the DNA profile from the blood sample of the deceased can then be tested against the cheek-swab DNA samples of the living.

Who is Requesting a DNA Test with Prince?

The first request for paternity testing came from a 39-year-old man named Carlin Q. Williams, who is serving time in Colorado for firearms possession. Williams’ mother claims she had unprotected sex with Prince in 1976, when the singer was just 18 years old.

But Williams’ claim is only the beginning. Since then, 700 people have claimed to be Prince’s half-siblings. Only a DNA test will be able to prove if any of the claims have merit: This scientific methodology is completely impartial, the science is sound, and results of a legal paternity test are accepted by the court system.

Claimants only have four months to prove their cases. If none of the paternity testing or half-sibling DNA test results shows a biological relationship, then Prince’s fortune goes to his surviving siblings.

Other Recent Celebrity Paternity Testing Cases

There are near-constant paternity testing ‘scandals’ in the news involving living celebrities, but not nearly as many posthumous ones. This is simply because, until very recently, the DNA test technology didn’t exist to help prove relationships with the deceased. Here are a couple of the most famous ones.

Anna Nicole Smith

Anna Nicole’s tragic 2007 death made headlines for months. She had just given birth to an infant daughter and revised the birth certificate to list her partner, Howard K. Stern, as the father. However, when she passed away, several men came forward claiming to be the real biological father of little Dannielynn. However, a DNA test proved who the real father was: Larry Birkhead, Smith’s former boyfriend. He was given sole custody of the child, who is now 10 years old.

Michael Jackson

It has long been speculated that Michael Jackson was not the biological father of his three children, but there was no reason to do paternity testing while he was alive. Following his death, his family filed a wrongful-death suit and asked the judge to exclude any evidence relating to the paternity of the children. This small act tacitly confirmed that he may not be the biological father of his children, but any DNA results that may exist have not been made public.

The Bottom Line

Paternity testing is always simplest when all participants are living, but there are definitely methods that can be used when the possible father is deceased or otherwise unavailable for testing. Sadly, the Prince DNA test fiasco seems nothing more than a money-grab. But for most people, the need to know their biological roots is the principle reason for wanting to confirm their connections and to strengthen their family tree.

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 9 AM to 6 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.

Sources

“Inmate Claims to Be Prince’s Son, Requests DNA Test – Inside Edition.”Inside Edition. Inside Edition, Inc., 11 May 2016. Web. 23 May 2016. <http://www.insideedition.com/headlines/16327-inmate-claims-to-be-princes-son-requests-dna-test>.

Kessler, Robert. “The 6 Biggest Celebrity Paternity Scandals.” The 6 Biggest Celebrity Paternity Scandals. Yahoo News, 8 Mar. 2016. Web. 23 May 2016. <http://www.yahoo.com/celebrity/the-6-biggest-celebrity-paternity-scandals-1381454194122806.html>.

“Prince Net Worth.” TheRichest Prince Net Worth Comments. TheRichest.com, n.d. Web. 23 May 2016. <http://www.therichest.com/celebnetworth/celeb/musician/prince-net-worth/>.

Thompson, Avery. “Prince: Singer Cremated Immediately After Autopsy.”Hollywood Life. PMC, 23 Apr. 2016. Web. 23 May 2016. <http://hollywoodlife.com/2016/04/23/prince-cremated-after-autopsy-completed-death/>.

Court-Admissible Paternity Tests (Legal Paternity Tests)

by HOMEDNA on 08/22/2014

Whether you want to use your paternity test results in court or just for your own personal information, the laboratory uses the same high standards in DNA testing and produces exactly the same results. So, what’s the difference? It’s the way the samples are collected.

For court-admissible (legal) testing, IDENTIGENE arranges DNA sample collection appointments where each person being tested provides a copy of their ID (a driver’s license or passport). The collector makes sure each person’s samples are attached to the correct ID, and then sends the samples directly to the lab. This chain-of-custody process provides both proof of identity and proof of paternity to the court.

Simply call IDENTIGENE to arrange your collection appointment (additional fees may apply).

NEW YORK RESIDENTS: The collection process in New York State requires a witnessed collection on every test. Our DNA Paternity Test Kit for New York Residents already includes everything you need to complete your court-admissible test.

How to Get a Legal Paternity Test (Court-Admissible)

1. Call IDENTIGENE

Call us to find a collection site near you. Please allow up to 24 hours to schedule your collection appointment and ship materials to the collection site. In order to maintain chain of custody, we must mail a kit directly to the collection site. If you’ve already purchased a home kit, no problem! We’ll credit your account.

2. Visit the Collection Site

Bring your photo ID (driver’s license or passport) or recent photograph to the collection site. Collect DNA samples at the appointment. The Collector sends your samples and chain-of-custody paperwork directly to IDENTIGENE.

3. Access Results Online

Access your results online just two (2) business days after the samples arrive at the laboratory. If you want results even faster, 1-day or same-day results are available for an additional fee. Don’t worry: Once your results are ready, you’ll get an email notification from us. A hard copy of the test results can also be sent to you, your attorney, a court officer or social worker by request.

Remember: Whether you’re testing for peace of mind, or need your results for court, the testing method at the lab is the exact same! The only difference in the two is the collection method.

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 9 AM to 6 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.