Blood testing was the first method used to determine paternity with some methods dating back to the early 1900′s.

Today, scientists can compare DNA to determine paternity with a 99.99% accuracy rating. A blood sample is one of many ways to collect this DNA, allowing a trained technician to compare samples from the child to that of the alleged father using a procedure known as PCR (Polymerase Chain Reaction). Since the child’s DNA will be a fairly equal combination of the DNA of his parents, excluding the mother’s DNA gives us a genetic picture of the biological father.

But before science discovered the ability to isolate DNA, blood samples were used in a variety of testing methods to help exclude potential fathers with varying rates of accuracy:

Blood Typing: Around the 1920′s, scientists were able to distinguish one blood type from another. And as with DNA, a child’s blood type is a combination of that of his/her parents. Your blood type is determined by proteins in your red blood cells known as ABO antigens. These antigens are the reason that you must have a specific type of blood during a transfusion and also limit the blood type outcomes for offspring. Using this logic, it is therefore possible to exclude potential fathers if their blood type doesn’t match.

For example, if a mother’s blood is Type B and the child’s blood is Type AB, then the father must have Type A or Type AB. A man with Type O blood then could not be the father and would be excluded. Obviously blood typing alone cannot establish paternity since unlike DNA, blood types are not individually unique. It does however, allow a specialist to narrow down the list of putative fathers by excluding up to 30% of potential candidates.

Serological Testing: Following ABO comparison, science discovered other proteins in the blood that are more group-specific than the ABO antigens themselves. Known as Rh, Kell and Duffy blood groups, these proteins give scientists the ability to exclude potential fathers at a slightly higher accuracy rate of about 40%. As with ABO testing, serological testing cannot identify the father with certainty but it can exclude those that do not possess the correct blood groups.

HLA Testing: In the 1970′s, science made a breakthrough and isolated another set of proteins called HLA (Human Leukocyte Antigens). Unlike basic blood type proteins and grouping proteins mentioned above, the HLA proteins are found in all of your cells except the red blood cells. These antigens are found primarily in your white blood cells and are used by the body’s immune system to detect foreign bodies and fight off infections.

Like blood types, some HLA types are rarer than others so the exclusion percentage will vary depending upon the individual’s HLA makeup. While still not as reliable as DNA testing, HLA can exclude potential fathers with up to an 80% accuracy rating. Unfortunately however, HLA requires a larger blood sample, preventing the test from being performed on small infants.

Paternity testing these days is generally accomplished through DNA testing due to its accuracy, its increasing availability and its decreasing cost. Blood sample comparison can still be very relevant though – where a child’s blood type clearly does not match a putative father’s, it will be clear without the need for an expensive and emotional paternity suit and DNA test that another man must be the child’s father.

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While there are numerous ways to test paternity, many testing laboratories now market a new non-invasive pre-natal paternity test that can be performed as early as 13 weeks into the pregnancy.

This new fetal cell DNA test uses the mother’s blood to isolate the DNA of the fetus and then compares it to the alleged father’s DNA collected from a buccal swab, hair sample or even forensic samples such as a toothbrush, water bottle or chewing gum – no blood sample is required for the would-be Dad . As of the writing of this article, the test runs about $1000 – more if you have multiple paternal samples to be compared – and results can usually be obtained within a couple of weeks.

In theory, this new testing process is a great alternative to the invasive pre-natal tests: CVS and amniocentesis. However, there are some questions regarding the accuracy of this type of test and as a result, some laboratories have declined to offer it until further studies can be done.

Currently, this test is not endorsed by AABB-accredited laboratories and because the father’s sample is not validated, the test would likely not be admissible in a paternity suit.

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Also known as a “legal” test, a validated paternity test refers to paternity tests that are legally binding and admissible in a court of law.

While there are many different ways to test paternity, none are considered to be legally binding (and admissible in court) unless a strict chain of custody is followed. This chain of custody ensures that the sample came from a specified party and that the sample was not tampered with in any way.

Validated tests are typically done at the request of a court order or through a doctor’s prescription. The samples are collected in the lab after proper identification has been shown and the parties must sign an informed consent form. The results are notarized and then transported via courier to a designated party (such as the court) to ensure that the chain of custody remains intact.

Tests that do not follow this chain of custody process (including at-home paternity tests) are considered to be private tests, often done for curiosity purposes only. These curiosity tests still utilize the same science as the validated tests and technically are still as accurate – they just lack the sample documentation that would allow them to be admissible in a paternity case.

Curiosity paternity tests don’t require a prescription or court order. Instead, they’re done at the request of the consenting parties. You can typically obtain your own samples and they are less expensive than their validated counterparts.

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It is important to establish paternity to protect the rights of your child. Naming a legal father ensures that the child can receive child support as well as other benefits normally granted to heirs such as social security and veterans benefits.

To determine the biological father, a procedure known as a paternity test can be performed. This test essentially matches the DNA of the assumed father to that of the child. Since the child’s DNA is a combination of the mother and the father, the testing laboratory can exclude the mother’s DNA and what’s left will identify the biological father.

A paternity test can be done before or after the child is born and will involve one of several different procedure options:

During Pregnancy:

There are two options for determining paternity before the child is born, however both present some risk of miscarriage and require a doctor’s consent before they can be performed:

Chorionic Villus Sampling (CVS) – A small sample of chorionic villi is collected through a thin needle inserted into the uterus through the vagina. Chorionic villi is tissue from the uterus wall and has a genetic makeup identical to that of the fetus. This procedure can be performed as early as 13 weeks into pregnancy.

Amniocentesis – In this test, a small sample of amniotic fluid is collected through a small needle inserted through the abdomen and into the uterus. This test can be done during the second trimester (14 to 20 weeks into pregnancy) but also presents the risk of harm to the fetus as well as vaginal bleeding, miscarriage and loss of amniotic fluid.

After Pregnancy:

Once the child has been born, there are several ways to obtain a genetic sample that present no risk to the child:

Buccal Swab – The most common procedure in DNA testing, a Buccal Swab collects saliva from the inside of the cheek on a cotton swab. This is the method used in “drug store” paternity test kits.

Umbilical Cord – Genetic material can be obtained by taking a sample of the umbilical cord after it has been cut from the baby.

Tissue Samples – DNA can also be obtained from a skin or blood sample as well as hair follicles. For the potential father, DNA can be collected from tissue samples such as skin, blood and hair as well as from semen and saliva through the Buccal Swab mentioned above.

Blood Type Comparison – In addition to DNA comparison, paternity can be excluded by comparing blood types. See Paternity Testing Through Blood Samples for more information.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

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• Paternity Tests 101

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When a married couple chooses to have a child, both parents are presumed under the law to be the legal parents without any documentation to that effect from the court. However, unmarried parents don’t share that presumption. When a child is born to two single people, the father must legally establish paternity before any rights and responsibilities can be bestowed.

But even if the father has little interest in being involved in the child’s life now, there are other reasons for establishing paternity:

Child Support As the father of the child, the father has an obligation to support that child until he or she reaches the age of majority (18 in most states).

Health Insurance Once paternity has been legally established, the father will be able to include his child on his health insurance policy. This is especially important in light of the large number of children in the United States that are currently uninsured. Taking the steps required to provide health insurance ensures that your child will be able to receive the proper medical care that he or she needs.

Benefits

Children are entitled to receive benefits from the government under certain circumstances. If the father was a veteran, the child may be able to receive disability and/or death benefits from Veteran’s Administration. Likewise, Social Security also pays benefits to minor children of deceased parents so it’s to the child’s financial benefit to have the biological father legally documented.

Inheritance

Unless a child is specifically named in the will of his or her father, he or she cannot receive any inheritance if paternity has not been established. Paternity also enables the child to receive inheritances from other family members on the father’s side when the relative passes on without a will.

Adoption

In order for a child to be adopted by a step-parent or other guardian, both biological parents must generally agree to the adoption. If paternity has not been established in court, the father will be unable to contest any actions for adoption.

In addition to legal issues, there are also some personal yet equally important reasons to establish paternity:
Medical History

There may come a time when the child is faced with a medical decision that hinges on his or her family’s medical history. Establishing paternity gives the child the full family picture and enables him or her to make an informed decision regarding medical treatments.

Extended Family

In addition to the biological father, the child also likely has cousins, grandparents, aunts, uncles and other relatives from the father’s side of the family. As children get older, they become interested in learning more about “where they came from”. Establishing paternity gives the child the opportunity to explore their family tree from both the mother and the father.

Things Can Change

If relationships are strained now it doesn’t necessarily mean that things won’t change in the future. They can, and they frequently do. Establishing paternity leaves the door open for the child and the father to reconnect at a later time and possibly build a lasting relationship. Without establishing paternity, the child may never know who his or her biological father is.
Establishing paternity offers a number of benefits for both the child and the biological father. And fortunately, paternity is fairly easy to determine

If you have questions regarding the paternity of your child, you should talk to an attorney to discuss your options. You may also want to read about the basics of paternity testing. For more on this topic, you may also enjoy this book on the rights of unmarried parents .

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While the identity of the biological mother is always a given, the ability to identify the biological father (paternity) isn’t always assumed, especially in instances where the parents are not legally married.

For this reason, many fathers need to make an extra effort and establish legal paternity to ensure his rights and responsibilities as a parent are protected. Fortunately, this is fairly easy to do.

While the terminology and procedural steps may vary from state to state, there are generally three ways to legally establish paternity:

1. Presumed – Paternity is presumed under the law when the parents are legally married and living together at the time the baby is born. Many states have a few additional requirements such as the father must “hold the child out” to the public as his son or daughter and/or that the parents must have been married for a specified time period before the birth. Check your state’s laws to learn more about your local requirements.
2. Affidavit – When the parents are unmarried but paternity is uncontested, both parents may sign a formal statement that “declares” paternity. In some states, this is called an Affidavit of Paternity while other states refer to it as a Declaration of Paternity, but it’s essentially the same thing. Affidavits can typically be obtained from your local Health and Human Resources Department and in addition, many states now require hospitals to offer affidavits to the parents at the time of birth. To be binding, affidavits must be signed by both parents and notarized.
3. Genetic Testing – If the paternity is contested by one or both of the parents, genetic testing can be performed to determine the biological father. This testing can often be ordered by the Department of Health and Human Resources and is typically considered binding by the court. If one or both of the parents refuse to abide by the request for testing by DHS, the court can issue an order for testing. Regardless of who issues the order, the court must “declare” the paternity and make any orders with regard to child support, custody and visitation.

For more on this topic, you may want to check out this book on the rights of unmarried parents. If you have specific paternity questions relating to your situation, we recommend that you contact an attorney.

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Presumed Fatherhood

When speaking of paternity of a child, the “presumed” father is the man that is automatically assumed, under the law, to be the father. This definition varies a bit from state to state. Some states do not allow the presumption to be challenged while others do.

In 21 states (Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Rhode Island, South Carolina, Tennessee, Texas and Washington), a man can be the presumed father in one or more of the following cases:

• He and the child’s mother are married (or were married) and the child was born during the marriage (or within 300 days after the marriage ended).
• He and the mother attempted to marry prior to the child’s birth and the marriage was (or could be) declared invalid and the child was born during the invalid marriage or 300 days after it was terminated.
• He has acknowledged his paternity in writing.
• He is listed as the father on the birth certificate with his consent.
• He has resided with the child while the child was a minor and publicly claimed the child as his biological offspring.
• He is obligated to pay child support, whether by court order or voluntary agreement.

Putative Fatherhood

A “putative father” is a term used in many states to describe a man who is either alleged to be the father or claims to be the biological father but who is not married to the mother at the time of the child’s birth. A putative father has not yet been legally established as the child’s father by a court. You will see the phrase “putative father” referenced over and over in paternity court documents.

Approximately 23 states have established registries to allow fathers to claim a putative status – Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Tennessee, Texas, Virginia and Wyoming. The registries in these states are intended to allow alleged fathers to be contacted in the event that the child is put up for adoption or if there is any attempt to terminate parental rights. Men can generally provide their information to these confidential registries even before the child is born if he believes that he is the father of a woman’s unborn child.

An additional 12 states and the District of Columbia allow fathers to claim putative status by filing forms with social service departments and vital statistics registries. These states include Alaska, California, Hawaii, Idaho, Kansas, Kentucky, Mississippi, Nevada, Pennsylvania, South Dakota, Utah and Wisconsin.

In the following states, fathers may also claim putative status by filing an affidavit of paternity with the court: Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Mexico, North Dakota, Oregon, Rhode Island, Texas Virginia and Washington.

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Establishing paternity isn’t as difficult as it used to be -– in fact, paternity can be determined with almost 100% accuracy. The key to this legal breakthrough is as simple as your DNA.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

How It Works

With the exception of identical twins, DNA is as unique as your fingerprint. The acronym for Deoxyribonucleic Acid, DNA refers to your genetic makeup such as your eye color, hair color, skin tone, height, etc.
When a child is born, the baby will get half of his DNA from Mom and the other half from Dad. By comparing the baby’s DNA to that of its biological mother, any genes inherited from Mom can be eliminated. What remains then are the genes inherited from Dad.

Comparing the DNA probes of the child and the alleged father can quickly confirm or deny paternity. If two or more probes do not match, the alleged father is ruled out. A comparison of probes between the three parties (mother, father and child) can establish paternity with 99.9% accuracy.

The DNA sample can be obtained in one of two ways: either through a blood sample or through a procedure known as the Buccal Swab. In this procedure, a swab is rubbed on the inside of the cheek to obtain tissue and saliva. This sample is enough to conduct an accurate DNA test.

Blood Tests

As an alternative, a simple blood sample can be provided to help narrow the possibility of fatherhood. Using this method, white blood cell antigens are examined and compared to identify or exclude potential fathers. It should be noted that a blood test is not nearly as accurate as DNA testing and is rarely used as the sole means of proving paternity.

It can however, positively rule out potential fathers by comparing blood types of the parties involved. A mother and father who both have Type A blood for example, cannot have a child with Type O, B or AB blood because the antigens are not present.

Petitioning for Paternity Testing

In order to legally challenge paternity, a civil suit must be filed in Family Court. If the judge orders a DNA test, the parties will need to pay a few hundred dollars to have the test performed and interpreted by a court-approved facility.

In the event that paternity is confirmed, the father will then likely be ordered to pay child support and issues regarding custody and/or visitation will be addressed. If the father does not wish to maintain his parental rights, he can terminate them through the court.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

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We’ve all seen the talk shows that center around paternity. Would-be fathers sit on stage and wait as the results of their paternity tests are revealed to a national audience.

But now you can settle the question of fatherhood from the privacy of your own home.

Created by Sorenson Genomics in Salt Lake City, Identigene is a do-it-yourself paternity test that utilizes the same 16 DNA marker process used by court-approved testing labs all over the country. The difference is that Identigene is relatively cheap and unlike otherDNA tests, you don’t need a court order or guest appearance on a talk show to get one.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

How At-Home Paternity Tests Work

The Identigene kit provides swabs to collect cell samples from the child and assumed father. The samples are collected from the inside of the cheek, also known as a buccal swab. The mother’s cells aren’t required to get your results but they do help strengthen the outcome so consumers are encouraged to include samples from both parents as well as the child in question.

The swabs are then packaged and mailed to the Sorenson laboratory where the DNA analysis begins. You can have the results in as little as three business days and they can be obtained online, by mail or by phone.

The cost is amazingly cheap compared to traditional paternity tests – just $150 for both the test and the lab’s processing fee.

So what’s the catch? While do-it-yourself paternity testing offers a quick and affordable way to put paternity issues to rest, the tests are not typically considered to be validated and therefore, are not admissible in court.

The reason is that the testing laboratory has no control over the sample collection, meaning that there’s no way to prove that John Doe submitted the sample in question. No control means no chain-of-custody certification and that’s a requirement for any paternity test to be admissible in a court case.

The bottom line? If you’re just wanting to confirm your own suspicions, at-home paternity testing might well be the solution. If you suspect you’ll need those results in court, however, you may want to consider a validated test instead.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

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Despite the overplayed “paternity specials” on daytime talk shows, establishing legal paternity is a serious process that plays an important role in a number of issues affecting both the child and the potential father.

Also See:

• How Do I Establish Paternity?
• About Paternity Tests
• Identigene At-Home Paternity Test Kits – on Ebay

Understanding the Process

To establish paternity, a civil suit must be filed in Family Court where the judge will most likely order a paternity test. Different states have different standards of evidence that must be met to establish paternity; however DNA testing has all but nullified these differences. Where the issue of fatherhood used to rely heavily on actual testimony, paternity tests provide the court with a fool-proof method for identifying the biological father. The results of this test will have a direct impact on a number of issues including custody and visitation rights, child support, adoption proceedings and inheritance matters.

To file a paternity suit, you should contact anattorney so that he or she can provide you with the necessary forms and inform you of the laws and requirements in your state.

Why is Paternity Important?

Once paternity has been established, the father may then choose to pursue custody of the child and/or visitation. In this instance, he will also be required to pay child support and can also request that he be granted joint legal custody so that he can have a say in how the child is raised. If granted, issues such as medical care, education and religion must now be decided jointly between the two parents.

In addition, established paternity means that the mother cannot pursue adoption proceedings with a new husband without the biological father’s consent. Should the father choose not to have any contact with the child, he can terminate his parental rights through the court.

Presumed Paternity

Obviously, these tests are not typically ordered when the birth mother and alleged father agree on paternity. Additionally, there are instances where fatherhood is presumed such as when a man holds the child out to be his own and in the case of married couples – the husband is always presumed to be the father of the children unless the issue is contested. Read more about the other ways to establish paternity.

Resources:

• Identigene At-Home Paternity Test Kits – on Ebay

Paternity FAQ’s and Related Articles:

• About Paternity Tests (Paternity Tests 101)
• What is a “validated” paternity test?
• What is the new non-invasive pre-natal paternity test?
• What does “presumed” or “putative” father mean?
• How do I establish paternity?

Related posts:

1. Paternity Tests 101
2. How Do I Establish Paternity?
3. The Benefits of Establishing Paternity