Legal Issues Regarding Paternity Testing

Paternity testing shows the courts that a child has been fathered by a certain man and the associated rights and responsibilities regarding the child should be assigned to that individual. However, this may not always be as simple as it sounds.

When a Paternity Testing is necessary

Paternity and DNA testing goes well beyond telling the mother who the father of her child is. In fact, paternity testing is required in many legal situations. For example, in the matter of child support, paternity testing is required to either include or exclude a father from the responsibility. Regarding visitation rights, paternity testing is needed in order to show the courts who has a right to see their child, barring any other extenuating circumstances. Issues of inheritance and other insurance claims are also determined by paternity tests in some cases while adoption cases sometimes require paternity testing in order to show that the child is not already related to the person who is adopting.

When the father will not or can not consent to Paternity Testing

In some cases, the father of the child is no longer living and can not provide the sample of DNA that is required for the paternity testing. In other cases, while courts can compel a father to provide a DNA sample, the father may make himself unavailable for such a test.

In these instances, it may become necessary to have relatives of the alleged father give DNA samples in order to get the paternity test completed. Because all siblings and parents of the father to be tested will have similar DNA structures, this can conclusively show the possibility of paternity of a child.

Obtaining financial support

Much of the time, financial support is the main reason for obtaining of the paternity test in the first place, though not always. However, in the case of financial support, it will be necessary to obtain some sort of valid paternity test in order to order the father to pay child support. As stated before, if the father will not give the sample, a good comparison can be made by the relatives’ DNA.

When this evidence is given to the courts, the court can then garnish wages from the proven father in order for the mother to obtain financial support for their child. This is more difficult in the case of a father that is not working, but the courts will be able to keep track of the money that is owed to the mother when the father is working again. Back child support can then be taken from his new income until the debt is paid off.

While this process may be difficult, it is in the child’s best interests to be financially supported by both parents and it is the legal obligation of the biological father to financially contribute to the considerable cost of raising a child.