Thursday, June 30, 2011

Why Undergo Prenatal and Postnatal Paternity DNA Testing

Happy DNA Day!!!
Happy DNA Day!!! (Photo credit: spike55151)
The dawn of advanced technology came the capability for genetic testing. Further development came and people now conduct paternity testing. The samples obtained for testing are highly accurate. Moreover, paternity testing has been an easy procedure.

A variety of options for paternity testing is available. There are invasive, non-invasive, and others more convenient collection of samplings for DNA testing. Invasive type of paternity DNA testing includes amniocentesis and chronic villus sampling (CVS). Examples of non-invasive type, which are safer than invasive ones, are fetal genetic material testing. Other new methods of sampling collection are umbilical cord sampling and saliva sampling and cheek swabs.

Recently, the changing values and beliefs of people led to confusion of who are the real parents. The paternity DNA testing helps eliminate such doubt of identifying the true parent. Several studies conducted have resulted to 99% accuracy of paternity DNA testing.

The changing adherence to traditional family structure also leads people to undergo paternity DNA testing. Sometimes, it is done to protect the rights of children born out of wedlock. This is because it is important to confirm paternity in a court of law if one aims for establishment of custody arrangements. The paternity DNA testing reassures the father of his biological relationship if he is to provide child support, especially if he is to give financial support.

Paternity DNA testing is also necessary in insurance companies. Some companies include this paternity testing results as part of their insurance and inheritance policies. This ensures the company that the benefitting child is biologically related to the father. In addition, this type of testing is also important in adoption cases. Other adoption agencies request for paternity DNA testing in order to register the parental information of the child.

Prenatal paternity DNA testing is done depending on what stage of pregnancy the mothers are in. The varied prenatal test options also provide different results and availability. These procedures are performed in the hospital. The samples are collected by sampling laboratories. Generally, results of these procedures are available within five to 12 working days after specimen collection.

The amniocentesis, for instance, is conducted most of the time at the later stages of pregnancy. This is around 12 to 21 weeks of gestation. Obstetricians obtain amniotic fluid that surrounds the placenta. It is as accurate as the results taken after the child is born.

Chorionic villus sampling is usually conducted at early stages of pregnancy. It is around eight to 13 weeks of pregnancy. This procedure involves obtaining sampling of chorionic villi, which make up the placenta. The samples are later match with the father’s DNA results.

Postnatal testing is another option for women. DNA analysis is most used by paternity testers. DNA is determined through samples such as blood, saliva, cheek swabs, and tissue samples to name a few. Before, blood samples are used to determine blood types but this is inconclusive for people share the same blood types.

An example of advance DNA testing is the kinship analysis that is commonly used for genetic paternity testing.

Saturday, June 25, 2011

What You Should Know About Paternity Testing

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To identify the father of a child or establish paternity, paternity testing is performed.  Using DNA tests will help prove if a person is the child’s biological father through genetics.  More and more people are using this method to establish paternity.  In fact in 2004, there are already more than 300,000 paternity tests performed within that year.  There are studies showing that paternity testing is  99% accurate.

In some cases, getting DNA sample from the father could be difficult.  But if the putative father refuses to provide a sample, the court may order such test.  If the father continues to refuse, then he could be placed in contempt of court. DNA from the father can be obtained through a buccal or cheek swab.  Any body tissue or fluid like blood, hair, or saliva can be used for DNA testing.  It could take 2  to 3 days, in some instances it could take 5 days, before the results are released. 

If a DNA test is needed, then a legal paternity test should be performed.  It means that the putative father should get tested in an accredited laboratory rather than use home paternity tests.  When looking for a testing laboratory, look for the AABB accreditation or ISO 17025 certification.   You could ask the laboratory for payment options, there are some laboratories which would start on testing once you have made a down-payment, which is around $99.

Home paternity test usually cost about $25 to $30 which is why people are interested in using the home testing kit.  However, the court would require the putative father to be tested in a laboratory. Paternity tests done in laboratories usually range from $150 to $1000.  Average cost is about $450 to $600.  There are some state agencies that have contracted rate with some laboratories which allow putative fathers to get a lower price.  Just ask your local government about it.

There are different factors which can explain the discrepancy between the lowest and most expensive DNA test. For example, the quality of testing could affect the price of the test. Also, the number of subjects involved in the DNA testing could increase the cost of the test. Normally, a test on the mother is not included in the price. Aside from that, if you want the result to return with the results immediately like having it within 1-2 days, then it would definitely cost you extra.

We are now in the age of modern technology where unborn babies could also be subjected to paternity testing. When performing prenatal paternity test, a sample can be obtained by the doctor while the mother is 10 weeks pregnant or until the 24th week.  This kind of process is strictly performed by a professional to ensure that no problems or harm would be done to the mother and child.

Undergoing paternity testing would not only help a putative father start or stay connected with the child.  It would also help the child in the long run in developing identity and a sense of belonging to a particular social group, their family.

Friday, June 10, 2011

Fundamentals Of Paternity Claims

Paternity tests prove hundreds of men duped
Paternity tests prove hundreds of men duped (Photo credit: publik16)
Legally, paternity is the term by which a father is granted enforceable rights and responsibilities to his child. This is established in any one of the three ways: by presumption, by an acknowledgment, or by a court order.

If the parties are married, the state presumes the husband is the father of any children of the marriage. This presumption can, of course, be rebutted in many ways.

Paternity can be also be established by the proper execution of an acknowledgment of paternity.

Proceedings

A paternity proceeding can be made in Family Court by filing a verified petition from a party seeking to establish paternity. If the woman is married, her husband must be named as a party to the proceeding.

In court, both parties have the option to consent to an order of paternity which means there is no question of paternity and that no side is requesting blood or DNA tests.

This is a critical point because it is very difficult to overturn a consent order of paternity. It can stand very well even if in the future it is found that the legal father is not the biological father.

If there is no consent order of paternity, the court will generally order blood or DNA tests. Once the results are known, the parties will once again have the option to consent to an order of paternity.


If there is no consent order of paternity, the court will generally order blood or DNA tests. Once the results of the blood or DNA tests are known, the parties once again will generally have the option to consent to an order of paternity, or request a hearing.

Probabilities

In legal assessment, blood and DNA testing can exclude a man from being a father but they cannot establish paternity by 100%. Both blood and DNA testing involve a chemical analysis of matching proteins.

The probability of paternity is determined based on a statistical analysis of the number of matches. While 100% can never be reached, DNA tests can be accurate to a fraction of a percent.

 Results

The opposing parties are not required to accept the test results. One party seeking to challenge the blood or DNA testing can attack either the chain of custody of the samples or the underlying mathematics of the statistical analysis.

These challenges are by nature very difficult, and consequently, very expensive as well.

Prevention

In a paternity proceeding, it is also possible that a party may be prevented from denying paternity based on past actions or statements. An example would be if that party has alleged paternity in some other court proceedings or document, he may be prevented from denying paternity.

Similarly, if a man has held himself out to be the father of a child, he may be estopped (prevented) from denying paternity in court.

Finally, the actions of a putative father can affect the statute of limitations for paternity proceedings. Each case is fact-sensitive.

Statute of limitations

The time to start a paternity proceeding is any time during the pregnancy of the mother, or after the child is born but not after twenty-one years, unless paternity is acknowledged by the father or he paid support.

Paternity proceedings, for the most part, have always been difficult, emotional, and expensive. One must be armed with some fundamental knowledge of the law if one has to survive it.

Friday, June 3, 2011

Establishing Paternity

Army offers 10-day paternity leave for new fat...
Army offers 10-day paternity leave for new fathers 090616 (Photo credit: familymwr)
Establishing paternity means you are establishing the legality of the child’s father.  To acknowledge the child’s paternity, both parents would be signing the child’s birth certificate. The child has the right to know both parents, it is not just about getting monthly child support.

If the mother is not married to the child’s father, the father could provide a Declaration of Paternity or Acknowledgement of Paternity to include his name in the birth certificate.  If the father is present at the time of birth, then he could have his name included in the birth certificate.   Changes to the birth certificate do not apply immediately.  It would take a while before the records are changed.

If the father is not present at the time of birth, the affidavit of paternity could be completed until the child turns 18 years old. The affidavit can be prepared by a lawyer and needs to be notarized.  Both parties, the mother and father, should sign the affidavit.

Paternity DNA testing is also another way to establish paternity.  DNA testing would determine who the biological father is through genetic proof.  Genetic or DNA testing should be made available upon the request on any party.   When the DNA test result is positive, but the biological father refuses to acknowledge it, then it is possible for a court action to ensue.  The cost of the DNA testing is usually paid by the father once the paternity is established, unless the father is deemed by the court unable to pay.

Why is it imperative that paternity is established?  Child support is one of the primary reasons, especially in cases when the parents are not married.  Laws require fathers to provide financial support to their children once paternity is established.  In some states, there is a time limit for establishing paternity.  In Ohio, for example, paternity could be established until the age of 23. If the child is no longer below 18 years old, then financial support is no longer required.

Establishing paternity would also allow the child to have access to the father’s medical history.  This would be crucial in medical situations like organ transplant.  It could also help in learning about genetic health issues which could be transferred from father to child.

Establishing or providing the child citizenship right is another important reason to determine paternity.  Also, without paternity establishment, it is difficult for the child to acquire benefits from the father like Social Security insurance benefits, inheritance and other similar benefits.

Both the mother and the father would share equal rights to custody once the paternity is established.  The parent who has the custody of the child when the acknowledgement of paternity is filed has the legal custody of the child. However, a non-custodial parent would have the right to visit or even apply for child custody.

Establishing paternity goes beyond financial support. Children have the right to have a chance of building relationship with one or both of their parents.  It would give them the sense of belonging to a family and help them build their identity.

Wednesday, May 25, 2011

The Real Deal With Home Paternity Testing

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Laboratory paternity tests usually range from $150 to as much as $1,000.  On the average, a putative father is said to spend as $450 to $600 on paternity tests.  Some find these very expensive which is why there are fathers who are settling for home DNA test kits which usually cost around$30 to $89.  But are these tests credible?

Just like laboratory tests, home DNA testing kits determine if a person is the biological father through genetic samples.  Kits would have instructions and equipment needed to collect the DNA samples.  A cheek swab is used to get the sample and it is sent to the lab, properly labelled.  The results will be sent to you in more or less a week after sending the samples. Aside from the father and the child, the mother is also swabbed for samples.  This is establish a stronger connection. 

Although they are less than a hundred dollars (or more) than laboratory tests, not everybody is suited to for a home DNA test. Those who will be using the DNA results in court and legal proceedings should get laboratory DNA testing instead of the home-test.  In legal paternity tests, the court seeks to establish that the DNA samples are monitored to avoid tampering or testing by a biased party.

Home paternity tests are usually performed outside of legal requirements. They are easy to acquire since convenience stores and online shops are selling these kits.  Once you send the results to the laboratory to analyze, they are bound to keep the results confidential.

In fact, to protect their client’s privacy, home paternity DNA laboratories, provide options on how clients would be informed of the results.  Some would allow you to access the paternity rest results online by using a provided username and password.  Some prefer receiving it through phone, the message has its password enabled too.  Or you could receive the results through mail.

Some would prefer home paternity testing before they proceed to legal action or legal paternity testing. This is to avoid any complicated situations in the family.  Others take home paternity testing just to satisfy their need to know the truth or  satisfy “curiosity.”  Home paternity testing is also ideal if you want to have a discreet and private test involving few punitive fathers.

When purchasing home DNA test kit, make sure that the laboratory performing the test is accredited by the AABB (American Association of Blood Banks) and is ISO17025 certified.  Aside from that, it is better to get a home test kit from a laboratory that offers customer and technical support during the entire process. Support representatives would be able to assist you with any kind of issue you may encounter while testing.

Recently, with the popularity of home DNA paternity test in the market, experts are already questioning the morality and success rate of these tests.  There are some home kits that cost as low as $19 which raise doubts on their accuracy.  However, for some fathers and relatives, it is more important to know the truth and they could learn about it for less than a hundred dollars.