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What Makes a Paternity Test Legal & Admissible in Court?

Posted on : October 13, 2015
Atlanta Paternity Testing Lawyer

Paternity testing is critical in certain cases, such as when a child’s mother petitions the court for child support from the child’s alleged father, or in cases where the alleged father is petitioning the court for parental and visitation rights to a child. However, not all paternity tests are admissible in court or considered “legal.” Here’s what you need to know about paternity testing and how to get an iron-clad test with the help of an attorney.

Home Paternity Testing

Paternity testing kits can be purchased for home use, and the instructions on the kit inform parents on how to obtain sterile DNA samples from both the alleged father and the child. The samples are sent to the lab and a report is sent back. However, because no one can verify who the DNA samples really came from, this method is not accepted in court.

Prenatal Paternity Testing

A DNA sample can be obtained from a pregnant mother before she gives birth through a procedure called amniocentesis, where a long, thin needle is inserted into the mother’s abdomen in order to collect a sample of the amniotic fluid. This method is accepted in court since it is performed in a hospital setting.

Alternative DNA Testing

While saliva samples are typically used for prenatal testing, DNA can be obtained from hair or skin samples. Often, a parent will desire discreet paternity testing and will use an alternative sample, such as hair from a hairbrush. This method is not accepted in court since it cannot be verified who provided the samples or how the samples were obtained.

Third Party Testing

The most widely used type of paternity testing in court is third party testing. The DNA test is conducted in a lab setting by a neutral third party, and the chain of evidence can be followed. A paternity testing attorney can help arrange for third party paternity testing, and the results from this type of test are admissible in court since the entire testing process can be verified.

Call the Law Office of Elyssa K. Williams Today

If you are in need of a legal paternity test to prove your case, don’t hesitate to reach out to an Atlanta paternity testing lawyer as soon as possible. Attorney Elyssa K. Williams can help you obtain the test results you need to pursue child support or visitation rights. Call now for an appointment at (678) 566-6770 or (678) 613-5732.

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