Legal DNA Paternity Test - Questions You May Have

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All About A Legal DNA Paternity Test

It is the basic tenet of legal proceedings: conclusions are established by evidence. Many decades ago, establishing the filiation or non-filiation between a parent and a child was dependent on testimonies and circumstantial evidence on the matter. And though, generally speaking, both classifications of evidence are week in court procedures, they are nevertheless rendered strong because of the lack of other evidence that can prove the same conclusion.

Nowadays, with the giant strides that modern technology has made in the field of medicine and DNA study, a legal DNA paternity test has become the standard by which parentage is proven or unproven. Indeed, the law is now capacitated to determine whether or not a parent is indeed the parent of child, or whether or not a child is indeed the child of the parent. Filiation is written in blood, after all, or in the DNA strand to be more precise.

Legal DNA paternity test is an accepted standard of proving filiation in the following cases:

- Establishing the legitimate or natural filiation of the child with the parent for the purpose of assuming successional rights.

- Establishing the legitimate or natural filiation of the child with the parent for the purpose of eligibility for child support.

- Establishing the legitimate or natural filiation of the child with the parent for the purpose of determining any surviving issues that will be carried over from a dissolved marriage.

- Establishing the legitimate or natural filiation of the child with the parent to determine mitigating circumstances in crimes involving family members.

- Establishing the legitimate or natural filiation of the child with the parent to determine aggravating circumstances in crimes involving family members.

- Establishing the non-filiation of a parent with the child to establish fraud that will invalidate the marriage. This is the trickiest to prove, since what is sought to be established is the concealment of the wife that she has been impregnated by another man. Such a fact can be used to prove the vitiation of consent or infidelity, both of which are grounds for the termination of the marriage.

For a legal DNA paternity test to be acceptable in court, it must be conducted by a duly accredited DNA testing service. Personally conducted DNA paternity tests are not acceptable as evidence because they is a high likelihood that such were not expertly carried out, which would affect their accuracy, or worse, such may have been tampered with.