What Does A Paternity Test Prove?

Jan 23, 2024

While the identity of a child’s father is often not a matter in serious dispute, sometimes even acknowledged fathers will take a paternity test if they need to confirm their relationship to their child. But how does a paternity test work and what does it prove?

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A proper paternity test will take a sample of DNA – usually through a simple and painless swab on the inside of a person’s cheek – from the child, the mother, and the putative father. A lab will then analyze all three sets of DNA to determine whether or not the child is related to the other two people. The results of the analysis are presented in a report that will provide a statistical probability that the putative father is related to the child, usually by indicating how likely it is that some other random man is the child’s father. This is often reported as the size of the population that would have to exist for another man to be the father; for example, “one man in thirty trillion (1:30,000,000,000,000) would exhibit this DNA profile.” Because the current population of all humans on Earth is less than ten billion (10,000,000,000), it is considered statistically impossible for anyone else to be the child’s father.

This result, from a technically legal standpoint, does not “prove” paternity. Rather, it is considered to be “evidence” of paternity. It is extremely good evidence of paternity, but does not actually conclusively prove a child’s paternity. There may be good reasons why the test is not accurate, including some error or contamination in the DNA test. Nonetheless, a paternity test result will almost always be accepted by a court to prove the paternity of a child, so a putative father will usually not contest its results in a paternity action. If he does, however, the court is still required to have a hearing and consider the evidence on both sides to determine whether or not paternity has been established.

As with all legal questions, if you are dealing with a paternity action and need to know what kind of evidence is useful in such actions, you should consult a qualified attorney.

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2115 Rexford Road, Suite 320 Charlotte NC 28211

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