In order to have a court order a paternity test, a court must have a reason to seek that paternity is established in a case.  Usually court ordered paternity tests are ordered when a man will not voluntarily agree to a legal paternity test, but the mother often must also provide reasonable evidence to justify an assertion that the man is indeed the father of the child.  This is often done by having the mother provide details under oath about her relationship with the man she is alleging is the father of the child, including providing dates of contact around the time of conception, as well as  any further contact during pregnancy and birth.  The court will be especially interested in any evidence of financial support provided by the alleged father for the child, cohabitation of the two individuals, and any other action that the man may have taken that suggests he may be the father of the child.

In some states, if a man has assumed responsibility for parenting a child and has acted as the father of the child, he may be legally responsible even if he is not the biological father of the child.  In other states, a man may not be obliged to care for any child not biologically related to him.

If a voluntary legal DNA paternity test or a court ordered paternity test determine a man is the father of a child, a order of child support will likely be issued and a visitation schedule and custody hearings will also be held to determine what arrangements are in the best interest of the child.

If you are interested in obtaining a court ordered paternity test, it is strongly suggested you consult a family lawyer prior to moving forward on any legal action.  Given the highly emotionally charged nature of custody and paternity hearings, having proper legal counsel is very important before proceeding.  If you are not able to afford a lawyer, you may want to check with a legal aid clinic in your area, or see if there are any family lawyers who offer their services pro bono in your area.

Court ordered paternity tests can provide valuable evidence of paternity when there is a legal dispute.  However, it may also be in your best interest to try to establish paternity outside of the court system if there is no pressing legal need to do so, or if paternity is very much in question.  In these cases, you may find that using a simple, at home DNA paternity test is much cheaper and easier than going through a court to get an order of paternity test.   For more information about legal DNA paternity testing and at home DNA tests please return to the Legal DNA Paternity Testing website.

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DNA home tests that are marketed directly to consumers are legal in about half the states in the United States, although they are banned in many European countries.  One of the dangers of home DNA tests is that for the tests looking at genetic disease predisposition, the individual taking the test may not fully understand how such diseases are also influenced by a range of environmental, social, behavioral and genetic factors.  As a result, they may  falsely conclude they have more or less risk for a disease based on the results of home DNA tests.

This is one of the main reasons so many states and European countries have banned the use of home DNA tests.  But also, many of the companies that sell home DNA test kits have an interest in marketing and selling individuals supplements to improve your health based on your results, and there is serious concern that the commercial interests of many of these companies may be influencing the information and the manner they relate to consumers who use at home DNA tests.

There is, however, at least one major advantage to using an home DNA tests: privacy concerns.  Although you need to read the fine print regarding privacy and disclosure for any company you purchase a home DNA test from, the desire to keep the results private is one major motivating factor for many consumers.

Recently the American Societies of Human Genetics made some recommendations regarding how to best ascertain and use at home DNA tests.  They suggest that you carefully read the privacy policy for the company to ascertain who confidential the results will be and if there will be any risk to your insurance if there are negative results.  The company should be able to tell you in plain language how predictive and scientifically valid their results are, especially in comparison to other disease risk factors.  The company should also have some policy regarding how to deal with the emotional consequences of a result showing predisposition to diseases. And finally, the laboratory should be certified under the Clinical Laboratory Improvement Amendments (CLIA) of 1988.

As common sense always suggests, however, with any home DNA test that you are purchasing online or elsewhere, be sure to read the fine print and make sure the tests come from high quality labs with a national reputation.

For more information about home DNA paternity test kits, please return to the Legal DNA Paternity Testing homepage.

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If you are are seeking a private method of DNA paternity testing, an at home test kit may be the best choice.  DNA paternity test kits allow for self-collection of materials, and can help avoid unnecessary confrontations or tensions that often occur with a legal DNA paternity testing.

If you are taking the DNA paternity test only for personal knowledge and do not plan on any immediate legal actions, an at home DNA paternity test is an easy and affordable option when compared to a legal DNA paternity test.  Both legal and at home DNA paternity tests have the same level of accuracy of results, but if you do not need the legal documentation, you can save yourself a bit of money by choosing an at home DNA paternity test.

Even if you may be seeking legal action, home DNA paternity test may be the best choice for you initially. Many choose to use an at home DNA paternity test to help prove or disprove any doubts about paternity prior to obtaining a legal DNA paternity test.

At home DNA paternity test kits are also easily available online or over the counter, and provide quick results with minimum hassle.  Do make sure, however, when pricing your at home DNA paternity test that the price you are paying also includes obtaining the results (or find out how much extra the results will cost).  You should expect to pay in the $100-300 range for most at home paternity test kits.

There are many reasons to choose an at home DNA paternity test kit.  However, if you think legal DNA paternity testing may be the best choice for you, or if you are interested in obtaining or have been ordered to take a court ordered paternity test, please read the other articles at Legal DNA Paternity Testing for more information.

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A court ordered paternity test is a DNA test that is administered according to the specifications of a court order.  In such tests, the possible or presumed father and child (and sometimes the mother) will undergo legal DNA paternity testing as mandated by the court order.

Why Would You Want a Court Ordered Paternity Test?

Fathers seeking visitation rights and mothers seeking child support are two frequent parties seeking a court ordered paternity test.   Government agencies may also want a court ordered paternity test administered to a presumed father in order to reimburse state or federal support and medical expenses being paid for a child.

How Do You Get a Court Ordered Paternity Test?

If you are interested in obtaining a court ordered paternity test, it is advisable to contact a lawyer you specializes in custody matters.   If you are unable to afford such a lawyer, check your local phone directory or look online for a legal aid clinic in your area, or a lawyer who is willing to work “pro bono” on such issues.  If this fails, contact your state’s attorney general’s office.  This is the agency that is responsible for enforcing child support orders and collecting child support payments.  It is in their interest to ensure that biological fathers are paying child support (which also means they are entitled to visitation rights), and they are likely to be able to provide some assistance in this matter.

How is a Court Ordered Paternity Test Taken?

Although in some rare cases a court ordered paternity test will be ordered while the child is still in the womb (often using the somewhat risky amniocentesis procedure), in general such tests will be administered after the infant is born.

A court ordered paternity test is a painless procedure (if done after the baby is born).  Generally it involves a cotton swab being rubbed on the inside of the mouth.  This testing will need to be done at a laboratory certified for legal DNA paternity testing by your state, and the court order may have additional requirements as well that will need to be met.

A court ordered paternity test has a high level of certainty regarding results.  Most legal DNA paternity tests provide a 99.99% level of accuracy when it comes to determining that a man is the biological father of a child, and 100% level of accuracy when it comes to excluding a man as father (determining that a man is not the father of a child).

What Other Options Do I Have for DNA Paternity Testing?

If you do not wish to involve the courts in a paternity dispute, there are also at home paternity testing kits that can be purchased over the counter.  These kits have no legal enforcement, but they are as accurate as a court ordered paternity test and can help answer lingering questions and help resolved disputes regarding paternity outside a court setting.

For further information about court ordered paternity tests and legal DNA paternity testing, please return to the Legal DNA Paternity Testing homepage.

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DNA paternity testing is a powerful tool in paternity disputes.  Modern day DNA tests can identify or exclude individuals with close to 100% accuracy.  If you would like to take a DNA paternity test to answer questions regarding paternity, you have two main options: a home paternity test kit or legal DNA paternity testing.  Both kinds of tests are highly accurate.

The advantages of using a home kit is that they are generally cheaper, results are quick and they are easily available over the counter.  Home kits are a useful DNA paternity test for those seeking certainty regarding paternity, but are not (currently) involved in legal proceedings regarding this issue.

If there are legal implications involved with the outcome of the paternity test, however, you will need to undergo legal DNA paternity testing.  This testing must be done by an accredited laboratory, and is generally done in person, although some companies may offer at home testing either by having one of their lab technicians make a ‘house call’ or by having some other impartial witness collect the samples and certify the test (you will need to make sure, however, that your state will accept results taken outside a laboratory).

There are many online companies that offer affordable at home DNA paternity test kits and who offer accredited legal DNA paternity testing.  When selecting a company for legal DNA paternity testing, you should ensure that the company has AABB accreditation and is certified to do such testing for the state you live in.

A DNA paternity test can cost anywhere in the range of $100-$500 depending on the provider and whether it is an at home test or a legally certifiable test.  When pricing a DNA paternity test, you should make sure that the cost involves both the collection materials and receiving the results (some companies offer a cheap price upfront for an at home DNA paternity test kit, but obtaining the actual results will cost considerably more).

By knowing your options regarding DNA paternity testing and making a careful selection of a DNA testing lab, you will be on the road to have your questions answered regarding paternity.  For more articles and answers to common questions regarding DNA paternity testing, visit the Legal DNA Paternity Testing homepage.

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What is a legal DNA paternity test?

Legal DNA paternity testing involves using DNA analysis to provide a conclusive and documented test which will determine whether a man is a biological father of a child.  In order for the DNA paternity test to be legal, this will need to be done by an accredited laboratory (unlike at home paternity tests, which have no legal basis in court). The results of a legal DNA paternity test will be notarized and legally defensible in court and will be acceptable proof of paternity (or not) for other government agencies.

How is legal DNA paternity testing conducted?

For a legal DNA paternity test, a lab technician will be collecting DNA samples from the possible father and child involved.  Some laboratories will also want a DNA sample from the mother as well, while others can also perform “motherless tests” (some courts may require that the mother participates in the DNA testing).  This DNA collection is absolutely painless, and generally involves wiping a cotton-like swab against the inside of mouth of the tested party.

How accurate is legal DNA paternity testing?

Very accurate.  Results generally have a 99.99% level of probability or even higher when determining a man is the father of a child, and 100% reliability when determining a man is not the father of a child.

How expensive are legal DNA paternity tests?

The cost will vary according to the laboratory, but in general legally certified DNA testing will run between $200-$500.

How do I set up a legal DNA paternity test?

There are many certified DNA paternity testing laboratories that advertise on the internet. When selecting a company, be sure that it has offices in your area, since you will need to make a personal visit to the laboratory for the test.

Is there anything else I should know?

Some states may have additional specific requirements when setting up a DNA paternity test.  For New York, a physician or an attorney must file a formal testing request with the laboratory you have selected prior to the DNA testing.

For additional information about legal DNA paternity testing, please return to the Legal DNA Paternity Testing Homepage.

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