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Home arrow Can the test be used in court?
Can a home paternity test be used in court? E-mail
Written by Administrator   
Saturday, 10 March 2007

Will the home paternity test you performed stand up in court?  If you collected the samples in the privacy of your own home and mailed them to the testing laboratory yourself then no, the results of the paternity test will not be admissible in a court of law.

It is possible to initiate a paternity test and have the results stand up in court.  The difference between a paternity test that will stand up in court and a test that will not deals with something called the “chain of custody” of the DNA samples.

Chain of custody is a legal term that means the validity or legitimacy of a sample can be guaranteed.  In other words, the DNA sample provided from the potential biological father is in fact from that person, and that person is who he says he is.  The sample can be accounted for from collection to testing to disposition.

What does it mean to you to have a paternity test performed where the chain of custody is guaranteed?  First, the DNA samples will be collected at an approved laboratory.  When you go to have the DNA sample taken all parties will be required to provide a form of government issued photo identification (like a US Passport or driver’s license) to guarantee the person is who they say they are.  The laboratory might also photograph you or take your fingerprints to keep on file to prove identity.  All parties involved in the paternity test must give their consent to be tested.  In the case of a minor child, the biological mother will give her consent on behalf of the child.  Finally, you can rest assured that the DNA samples taken will be accounted for during the entire process. 

If you are considering having a paternity test done to have the results used in court for whatever reason it’s best to check with the laws and regulations of the state where you live.  The laws will give the standards a laboratory must follow in order to have the test results admissible in court.  Laboratories will often be accredited by the American Association of Blood Banks (AABB) and/or the College of American Pathologists (CAP) because these facilities have been inspected and uphold certain standards when performing the paternity tests.

If you are performing a home paternity test just for the piece of mind that will come from the results you don’t need to worry about chain of custody.  If you want the results to be upheld in a court of law, you will need to contact your local authorities to find a laboratory that performs paternity tests with a proven chain of custody.

Last Updated ( Sunday, 11 March 2007 )
 
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