How is Paternity Determined?

Paternity tests can sometimes become a turning point in a legal matter. Under normal circumstances, the paternity of a child is acknowledged by both parties involved. In most cases, the court assumes a man to be the child’s father if the man was married to the child’s mother and living with her when the child was born. In other cases, the man himself may submit a signed document acknowledging that he is the father.

But there are certain extraordinary situations where it may be necessary to prove a child’s paternity in the court of law. It could be for various purposes such as a child’s custody, will, and probate disputes, immigration applications or even changing a child’s name on the birth certificate in some situations.

In some situations of legal separation of the parents, the named father may have to pay for child support until he can prove otherwise at the court. In these cases, a paternity test becomes essential.

How is a paternity test done?

By paternity test, we usually refer to a DNA paternity test. DNA is the genetic material a child inherits from both parents. A DNA test can confirm the named father’s biological relation to the child. In a DNA test, the DNA of a person is extracted from samples of saliva, blood, other bodily fluids, hair, skin, etc. This genetic test can serve various purposes in medical science as well as in law, including establishing the paternity of a child.

Paternity law, in Miami Lakes and elsewhere, requires that both parties involved (which is usually the mother/child and alleged father) need to provide their consent in writing for the test. For children below 18 years of age, it is usually the mother who signs the consent form.

For confirmation of biological paternity, it is important that the mother, father, and child are all tested together. So both parties need to appear at the laboratory for testing. If the test is being done for purposes of exclusion only, then the father and child alone can be tested.

Sample collection and DNA testing for paternity

The standard procedure of DNA paternity tests involves taking a sample from the inside of the cheek for both the father and the child with an oral swab. The DNA is extracted from both the samples and analyzed. The results of the analysis can establish any biological relationship between both people tested.

In case taking an oral swab is not possible, a DNA test can also use samples of hair, blood, or tissue.

Before DNA paternity tests were introduced, the law relied on paternity blood tests. These were not as accurate as DNA tests but could establish the possibility of a biological relationship. Blood tests could exclude about 95% of falsely alleged fathers but cannot be used alone to confirm paternity.

How accurate is DNA paternity testing?

DNA is unique to each individual, so apart from identical multiple births like twins or triplets, every person’s DNA is different. A child inherits 50% of his or her DNA from each parent. During the DNA test, the genetic characteristics of the child are first matched with those of the mother. Those characteristics which don’t match the mother’s, must come from the father.

If the DNA patterns of the child and the named father do not match on two or more DNA probes, then the alleged paternity can be ruled out. If the patterns for the mother, child, and father match on every probe, the likelihood of paternity is as high as 99.5 to 99.9%.

So, a DNA paternity test’s accuracy can be almost 99.9%.

When can the court order DNA paternity testing?

The court will only order DNA paternity testing when the case requires determining paternity for any parenting applications, keeping in mind the best interests of the child. It will not order a paternity test to entertain anybody’s curiosity or doubts.

If you need more information and help with paternity law in Miami Lakes, get in touch with Joseph M. Corey, Jr., P.A. Attorneys at Law Joseph M. Corey, Jr., P.A. is a law firm serving a wide clientele in and around Monroe, Miami-Dade, Broward, and Palm Beach Counties. The firm has some of the most experienced and skilled Paternity Attorneys in Hialeah, with over three decades of practice in Family Law. When it comes to legal advice on family matters, Attorneys at Law Joseph M. Corey, Jr., P.A. is where you should head to.