The topic of paternity testing law has been a subject of confusion and complexity for many years. To provide more clarity and understanding between paternity law and paternity testing law is important.
In this post, We will explore the differences between the two, helping individuals determine the appropriate test for their situation.
What is Paternity Law?
Paternity law deals with the legal establishment of a child’s presumed biological father. It outlines the legal rights a father has, including:
– Custody and visitation rights
– Child support obligations
– Inheritance rights for the child
It should be noted paternity law applies to unmarried fathers. An example of establishing paternity of child legally would be, signing a voluntary acknowledgment of paternity (VAP) form at a hospital.
Another example would be filing a paternity petition with a family court. If accepted, a judge would request a paternity test be performed to establish biological paternity.
Paternity Testing Law
While there are no specific laws governing paternity testing, it is important to note that legal protocols must be followed when performing a paternity test for legal purposes. These protocols include:
– The paternity test must be conducted by an AABB-accredited laboratory to be recognized by family courts and immigration offices. A chain of custody must be established, with DNA samples collected by an unbiased third-party collector.
Using lab test results that were not performed by an accredited laboratory be admissible in court and could potentially affect your child support case negatively.
– At-home paternity tests are not legally admissible; self-collected home DNA tests are for informational use only.
An example of performing a legal paternity test would be If an unmarried alleged father wants to add his name to his child’s birth certificate.
Another example would be, performing a legal paternity test at the request of an immigration office when insufficient evidence is not available at the time of filing an immigrant visa application.
Although no laws specifically govern paternity testing, all states adhere to a legal protocol for evidence submission, ensuring that DNA results are recognized.
Remember, paternity testing is a tool utilized during family court and government agencies to help establish the paternity of a child.
Conclusion:
In summary, it is crucial to understand the distinction between paternity law and paternity testing. Paternity law pertains to the legal process of establishing the legal rights of a father.
Although there is no specific law governing paternity testing, there is a legal procedure that must be followed for paternity test results to be legally recognized as evidence.
If you need AABB-accredited legal paternity testing services, Call IDTO DNA Testing Center today at 888-204-0583 to schedule an appointment.
