Can a Prenatal Paternity Test Be Used for Legal Purposes?
Can a Prenatal Paternity Test results be used for legal situations?
Yes. A prenatal paternity test may be used for legal purposes when the testing method, laboratory, collection process, and chain-of-custody requirements meet the criteria of the requesting court or government agency.
Acceptance may vary depending on the type of prenatal paternity test performed and the requirements in your state.
Invasive Prenatal Paternity Test:
This testing option requires the assistance of an OBGYN and only can be performed within a small window of time.
- Aminocentesis
- Chorionic Villus Sampling (CVS)
Because amniocentesis and CVS are invasive medical procedures with potential health risks, IDTO does not recommend undergoing either procedure solely for paternity testing. This testing option should be considered when the mother’s OBGYN has already recommended one of these procedures.
Please note, All DNA samples will be tested and analyzed by our partner AABB accredited DNA testing laboratory.
Non-Invasive Prenatal Paternity Test (NIPP/NIPPT):
This testing option can be performed with an OBGYN because it requires a blood draw from the mother as early as the eighth week of pregnancy. The alleged father will have his DNA samples collected by cheek swab and analyzed. Whether a non-invasive prenatal paternity test can be used for legal purposes depends on the testing provider, laboratory, collection procedures, and requirements of the court or agency receiving the results.
Currently, IDTO does not offer this specific testing option.
Can a court order me to perform a prenatal paternity test?
In most cases a judge would not order prenatal paternity test be performed. They would recommend waiting for the child to be born for a DNA test to be requested to establish paternity.
Whether a court can order prenatal paternity testing depends on state law and the circumstances of the case. In many situations, paternity establishment is addressed after the child is born. Anyone seeking a court-ordered prenatal paternity test should consult a family-law attorney in their state before proceeding.
State guidelines regarding paternity establishment vary from state to state and we recommend that you speak with a family law attorney in your state.
Will I Need Another Paternity Test After the Baby Is Born?
Possibly. Whether another paternity test is necessary after birth depends on the type of prenatal test performed, whether it was conducted for legal or non-legal purposes, and whether the receiving court or agency accepts the prenatal results. Another factor iswhether the alleged father or mother disagrees with NIPP results and they want to perform another DNA test once the child is born.
We recommend that you check with the agency to which you are submitting your DNA results.
