Legal Questions About
Paternity Tests
DNA testing is the most widely used technique to determine paternity. In the vast majority of cases, DNA testing involves identifying the father of a child. In some isolated instances--for example, when there is a "mix-up" of newborns at a hospital--DNA testing is used to determine maternity. There are interrelated legal questions associated with paternity tests. Understanding these legal issues is important to appreciating the application of paternity or DNA testing in the judicial system.
Probability
DNA testing is considered the most reliable technology available today to determine paternity accurately. The probability that a DNA paternity test correctly identifies a parent is 99.9%. The probability that a DNA paternity test correctly excludes a possible parent is 100% for all practical purposes.
Accredited Lab
More often than not a paternity test is requested for some sort of legal purpose. For example, there may be a pending paternity case. In order for the results of a paternity test to be used in legal proceedings, the testing must be done by an accredited lab. Lab accreditation is undertaken by the American Association of Blood Banks, or AABB. In New York, the DNA labs must also be accredited by the New York State Department of Health.
Privacy
DNA testing ordered by a court in a paternity case or otherwise requested to ascertain parentage can only be used for that purpose. When a person submits to DNA testing for paternity purposes, there is an expectation of privacy. The DNA collected for paternity testing cannot be utilized as evidence in a criminal prosecution.
Chain of Custody
Chain of custody is a primary consideration in regard to DNA samples and paternity tests. All chain of custody requirements must be satisfied in order for the DNA or paternity test results to be admissible in a court of law. What this means is that the entire course of transmission of the DNA sample--from the donor to the lab--must be fully documented. No interested party can be involved in the transmission of the DNA or its testing.
Evidence in Court
Due to the fact that DNA evidence has such a high probability of accuracy, it routinely is admitted into evidence in a wide range of different types of cases. This includes paternity actions. The only caveat is if it can be demonstrated that the DNA test sample itself was handled improperly or that tampering of the test results occurred. If there is any question about the accuracy of the DNA or paternity tests, the legal recourse is to have another test taken.
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