Legal Paternity Testing Requirements

in Legal

People needing to set up paternity for legal reasons seek paternity tests from companies and laboratories to provide them with needed answers. In legal paternity, home paternity test kits are not admissible in court so there is a need for a third party to administer the procedure and verify the result.

Legal Paternity Testing

This type of paternity test is different from the standard information test. There is a need for two primary factors for a DNA test to be considered legal and acceptable in court - the proof of test participant's identities and the chain of custody of samples collected which is provided by a witness.

Many companies and laboratories offer legal paternity testing. This is an option that would qualify as an AABB accredited DNA test and will assure requesting party accuracy. An AABB accredited laboratory performing legal paternity tests are the only test admissible in courts. You have to be sure that your laboratory will not be sending your sample to another lab for analysis.

Requirement for Legal DNA Paternity Tests

One main requirement for a court-related use of paternity testing is to have a disinterested witness to oversee the sample handling and collection of legal paternity testing. In most paternity testing kits to be used, a complete list of sample documents and instructions are included. These steps should be followed exactly for a DNA paternity test to be legal and admissible in court. These are:

The requirement of one unrelated and disinterested witness. This unrelated witness then collects the samples or observes the sample collection according to instructions. The witness and the sample provider then sign and complete the required paperwork as indicated on the sample provided.

The test participants need to provide identification such a recent photo clearly identifying the legal DNA test participants, clearly legible color copy of military ID, or State Driver's License or a State or Federal ID. The test participants or the legal guardian for cases of minor and legally incompetent adults, along with the witness have to sign and date the copies of helpful identification. The witness will then package and seal the envelope provided and then send the sealed sample to the laboratory to initiate analysis.

Samples Required for Legal Paternity Tests

Even without the mother, a paternity test can still be reliably performed but usually the sample is taken from the father, the mother, and the child. Laboratories accept both mouth or the buccal swabs and well as blood samples for paternity testing. Wherever the source of the sample is, it will not affect the accuracy and reliability of the Paternity test to be conducted since DNA is the same throughout the body.

Obtaining samples from the inner cheek though buccal swabs are painless and can be easily performed by following a step-by-step instruction and for legal paternity test, a witness should be present while this is done.

On the other hand, the blood sample required should be at least one EDTA tube of 5ml of the whole blood per donor. The tubes may be stored at room temperature or refrigerated, but it must not be frozen.

Courts of law vary from state to state so one cannot actually be guaranteed that the results of his legal DNA test will be qualified as evidence of a certain court, but if your witness is available to testify in court with regards to the administration, the paternity test results should be admissible.

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Tula Tomlinson invites you to visit for pertinent facts about paternity and DNA testing. While there you will be able to discover all the DNA tests available and determine which one's right for you.

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This article was published on 2010/04/02