DNA Paternity Testing in Divorce, Child Support and Child Custody Cases
Through scientific advances in DNA analysis, it is now possible to create a genetic fingerprint or DNA profile that uniquely identifies a person and can be used to determine exactly who their biological parents are. DNA profiling is a technique of extracting and analyzing genetic material from cells that was first reported in 1984 by Dr. Alec Jeffreys at the University of Leicester in England. DNA analysis is now routinely used in criminal cases as well as in divorce, child support and child custody cases when the paternity of a child is an issue.
DNA Testing Requirements
When the parties involved in a paternity dispute arrive at a facility for testing, consent forms must be signed by the adults and custodial parent. Valid identification is also required. Adults are required to produce a government-issued ID such as a driver's license, passport or military ID. For minors, parents are generally required to present a birth certificate or Social Security card for identification. The identification presented will usually be photocopied and a photograph and thumbprint will be taken from each party tested to prevent paternity fraud.
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DNA Sample Collection
The method now generally used in most cases to collect DNA samples for paternity testing is through buccal, or cheek swabs. The inside of the cheek is swabbed to collect the cells that the DNA material will be extracted from. In most cases, samples from the child, potential father and optimally the mother of the child are tested to determine paternity. Cheek swabs are a simple, non-invasive way to collect the necessary DNA material for accurate paternity testing.
In cases involving an unborn child, blood from the mother or umbilical fluid drawn during an amniocentesis can be used to extract the necessary DNA to compare to the DNA of the potential father. When a child is born ,either blood from the umbilical cord can be used for paternity testing or the infant's cheek can be swabbed.
If paternity is questioned after the death of a potential father or a child, DNA from blood or tissue stored at the coroner or medical examiners office can sometimes be used to complete the DNA paternity testing if the samples are found to be viable.
After the DNA samples are collected, they are sent to a laboratory for DNA paternity testing. The results are generally available within a week of the time that the lab receives the samples.
Results and Documentation
DNA testing laboratories such as the DNA Diagnostics Center are accredited by the American Association of Blood Banks and perform DNA paternity tests using a Chain of Custody documentation process, which is the standard that satisfies the legal requirements for test results to be admissible in court.
The Chain of Custody documentation process satisfies the legal requirements that the samples are collected by an impartial third party, that proper identification is presented and test subjects are photographed and fingerprinted, and that the DNA samples are protected and transported safely and positively matched to each test participant.
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By using the Chain of Custody documentation process, laboratories accredited by the AABB can provide certified results that are acceptable for use in court.
The results of DNA paternity tests done by an accredited laboratory can include the father of a child with 99.99 percent accuracy or exclude a potential father completely.
Home Paternity Tests
Recently home paternity testing kits have become available at drug stores. With these testing kits, the swabs are taken at home and mailed to the lab for testing. The companies offering these services charge about $30 for the kit and around $120 for testing. They also claim to be able to provide documentation suitable for court for an additional $250 fee. However, home paternity testing kits may not be entirely accurate as DNA samples can be easily contaminated and the results can not be documented using the Chain of Custody process. Therefore these results may not be accepted by courts.