The Legal Aspects Of DNA Paternity Testing

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DNA testing simply means the use of DNA profiles or genetic fingerprints to determine if two people are biologically parent and child. Today, it is both the most advanced and accurate way of determining parentage. In fact, the so-called “probability of parentage” is 0% if there is no biological relation between two individuals and typically 99.99% if it’s the opposite.

This test, which primarily seeks to determine a child’s father, depends upon a strict chain of custody that has become the legal basis for supporting claims for parental rights like child support, inheritance, welfare benefits, immigration, or adoption. Evidence presented must be clear, convincing, and overwhelming, meaning they must be beyond those considered admissible in typical civil litigation.

To satisfy these legal requirements, all parties being administered a DNA paternity test must be positively identified, after which their specimens are collected by a third-party professional (which means they cannot be in any way related to the parties being tested, nor have vested interest in the results).

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This test is increasingly becoming the norm in several industries, mainly for immigration purposes. In the past few years, travel authorities in the U.S., Australia, the U.K., Canada, and France have been asking immigration petitioners and beneficiaries, mostly in family-based immigration cases, to voluntarily take a DNA parentage test. This is proving very useful when primary documents such as birth certificates are missing, inadequate, or incomplete.

Marrison Family Law is the largest law firm in the Colorado Springs area exclusively focused on family law. The firm’s lawyers specialize in divorce, custody, adoptions, paternity, and property divisions. For more information on its legal focus and practice areas, visit this website.