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Is the Father Needed for a Paternity Test?

By January 7, 2019September 1st, 2022No Comments
Father lifting child into the air

Corporate Medical Services shares the scientific and legal differences between a father and fatherless paternity test.

Father and ChildIn a laboratory, paternity testing is an accurate but complicated process that proves the parentage, namely the paternity, through testing of DNA. It’s a test that can help to identify the biological father of a child, and it can provide clear evidence, results, and a peace of mind for a family. It is possible to have a paternity test without the father involved, and this is especially important where the potential biological father has passed away and there are questions asked by the relatives.

How to do a Paternity Test Without the Father Present.

A DNA paternity test can be completed without a father present, but it does require one or more of his immediate biological relatives to participate instead. Family reconstruction testing must also include the biological mother to balance out the other half of the DNA.

If the prospective father has passed away, an autopsy sample can be used with the correct Chain of Custody form that authorizes the procedure. The Chain of Custody form is needed so that the court will recognize the results as valid. Grandparents, uncles, and aunts can be tested. Even siblings of the shared child can be tested if they share the same mother, otherwise, the other mother must be tracked down and tested too.

Paternity Testing Without the Knowledge of the Father.

A non-legal paternity test is a DNA test that is conducted without the knowledge of the father. The results will not hold up in court if the father is not informed about the test. He must legally sign a Chain of Custody form which provides formal authorization. If a DNA test is done without the knowledge of the father, the results can be used for information purposes only. It cannot be used as evidence in a court of law, which means the results are not valid in a child support case.

Can a Father Refuse Testing?

No law can force a father to participate in a DNA test, even including a court-ordered DNA paternity testing. However, court-ordered tests come with legal consequences because a DNA testing is a civil lawsuit. If the father refuses to comply and the test is court mandated, he can be held in contempt of court. This can then lead to fines and even criminal charges.

The DNA testing process is extremely accurate when the samples are taken from the father. Whether or not the father is used, all samples need to follow a Chain of Custody process so that the samples are adequately identified. It’s always better to choose to do a legal DNA test where the father is informed about the testing so the results can be admissible in court. Legal official results are used for social security, inheritance, and immigration cases.

The chances of getting conclusive results with the father are way more effective than non-father testing. Corporate Medical Services located in Florence, SC can provide you with all your paternity testing needs, so don’t hesitate to ask for the test you require.