When It Is Necessary to Prove Paternity Through DNA Testing
Establishing paternity is sometimes necessary to ensure a child’s rights and well-being are protected. To learn more about the process, talk to a seasoned West Palm Beach family attorney about when DNA testing is helpful and how the data could assist you in navigating a complex legal matter.
Situations Involving DNA Testing
There are several scenarios where DNA testing to prove paternity is necessary.
- Unmarried parents. If a child is born to unmarried parents, the father’s name does not automatically appear on the birth certificate. An acknowledgment of paternity must be signed, or DNA testing may be required if an alleged father denies paternity or when there is uncertainty regarding the biological relationship.
- Child support disputes. A mother seeking child support from a man who denies being the father may need to prove paternity through DNA testing. The test results can provide the necessary evidence to establish legal paternity, and with this documentation in place the mother can pursue financial support for the child.
- Inheritance and social security benefits. In situations where a child stands to inherit from a deceased father or receive Social Security benefits, DNA testing may be necessary to confirm paternity, especially if the father did not acknowledge the child during his lifetime.
- Custody and visitation rights. A father who wishes to secure custody or visitation rights may need to prove paternity if it is disputed. DNA testing provides definitive proof of the biological relationship, which can strengthen the father’s claim in court.
- Adoption and surrogacy cases. In some adoption or surrogacy cases, DNA testing may be required to confirm the identity of the biological parents, particularly when legal disputes arise regarding parental rights.
Should paternity be contested, a court order may be required to mandate DNA testing. If both parties agree, they can voluntarily submit to testing without the need for legal intervention.
Collecting Samples and Laboratory Analysis
DNA samples are usually collected through a simple, non-invasive procedure known as a buccal swab. A swab is rubbed inside the cheek of the alleged father, the child, and sometimes the mother. The samples are then sent to a laboratory for analysis.
The laboratory compares the DNA profiles of the alleged father and the child to determine if there is a biological match. DNA tests are highly accurate, with results typically indicating a 99.9% probability of paternity if the man is the biological father. Once the analysis is complete, the results are sent to the parties involved and, if applicable, to the court.
An experienced West Palm Beach family attorney can play a vital role in the paternity process. They can guide clients through the legal process, ensuring that the DNA testing is conducted properly and that the results are used to secure personal objectives.
Should you look into DNA testing? Whether it’s for securing child support, inheritance, or custody rights, the accuracy and reliability of DNA testing can have a role in family law. The lawyers at Bruce S. Rosenwater & Associates are available to discuss your case. Schedule a confidential consultation to learn more.