Court Ordered Paternity Test Is Denied

A mother petitioned the court to conduct paternity testing for her 12-year-old daughter. The potential alleged fathers included her 1^st husband (from whom she is divorced) and her 2^nd husband, Mr. Hadley (from whom she is divorcing). The mother claims her daughter was conceived during an extra-marital affair, and believes that paternity testing would help determine who her daughter’s true biological father is.

Paternity Test Denied by court

A Federal Magistrate in an Australian court determined that conducting a paternity test would disrupt the child’s stability. Most cases of paternity testing arise from father’s petitioning to prove they are not the biological father of children they are supporting. In the past four years there have been a reported 586 cases of fathers petitioning for paternity tests who have been excluded from being the biological father. In this case where the Mother is petitioning the court has Mr. Hadley claiming the mother is only trying to drive a wedge between him and his daughter.

The father’s attorney argued that “simply knowing the truth for the sake of knowing the truth is not a reason to subject a child to DNA testing.” A psychologist on the case confirmed she does not believe the child is at a point to go through a paternity test. Because Mr. Hadley does have a good chance of being her biological father the court has decided he will continue to be her father and, paternity testing is not appropriate. The court has concluded paternity testing is not in the best interest of the child.

How do you think you would rule if you were the Judge on this case?

Personal vs. Legal paternity testing

Once a personal at home paternity test is completed (results have been released) it cannot be upgraded to a legal paternity test. People may decide they want to upgrade to a legal DNA test only to find out that the process will need to start entirely over. Then they may question why the personal paternity test is not admissible in court.

The difference between a legal and a personal paternity test

Self Collection for personal paternity test

Starting with the difference between legal and personal paternity testing is a good place to start. A personal paternity test is self collected. This means you purchase the IDENTIGENE paternity test kit at your local retail store, take the kit home, collect the DNA samples for all participants, and send samples to the IDENTIGENE testing laboratory with the processing fee.

For the legal paternity test the collection of the DNA samples must be collected by a non-interested third party (usually one of our collection sites). A chain-of-custody is established and the identity of all participants are verified. The collector sends the samples to the laboratory for testing to verify participants have not tampered with the samples for the paternity test in anyway.

Why is the personal paternity testing not accepted in court?

The collection for legal paternity testing was established to prevent fraud. The collection process will verify the samples of the paternity testing are from the correct participants. With self collection we cannot verify who’s samples were sent in for DNA testing, so legal entities may not accept this as proof of paternity.

Testing in the laboratory is the same for both legal and personal DNA testing

The paternity testing process for both the legal and the personal paternity tests are identical once the samples arrive at the laboratory. It’s the chain-of-custody and verification of participants that establish the paternity test as a legal DNA test.

Personal paternity test results can not be turned into legal paternity test results.

We cannot turn personal paternity test results into  legal paternity test results once released. The paternity testing process would start over in order to complete legal paternity test results, so it’s essential to verify which test you need before starting the paternity testing process. Contacting one of our remarkable client support professionals may help you determine which test is right for your unique situation.

DNA Paternity Testing

Identigene has become a renowned name in the world of DNA testing. With 17 years in the business of DNA testing, and their 2 day turn-around time on paternity tests, and other relationship DNA testing, customers don’t have to wait weeks for their results.

Online DNA test results since 2005

To aid in the process of getting your DNA test results sooner, Identigene has been offering online results since 2005. With online results you will receive email notification letting you know your DNA test samples have arrived at the laboratory, an estimated due date, and another email notification once the DNA test results are ready to be viewed online. With your secure login and password, you simply go to our results website and confidently review your results.

Different types of DNA testing

Identigene offers a variety of testing including legal, immigration, home (with kits sold at your local pharmacy), as well as an array of relationship testing that includes a grandparent DNA test, sibling DNA test, and aunt/uncle DNA test just to name a few. All with a 2-3 day turn-around from the time the samples arrive at the laboratory.

Paternity testing at it’s finest

Identigene follows strict guidelines to ensure the quality of your paternity test results by building a strong procedure to ensure the integrity of each DNA test sample we receive. With our 2x testing you can rest assure that your legal DNA testing is reliable and of the highest quality.

DNA testing experts

Identigene also offers knowledgeable client support professionals that are always willing to assist with determining which DNA test works best for your unique situation. They are also available to answer questions you may have along the way. With our maintained accreditation, Identigene does offer professional and accurate answers and peace of mind that only DNA can give.

Before DNA testing, confirming your relationship meant chasing down birth certificates and other legal paper work for relationship confirmation. If the information was not complete, this sometimes meant starting the process over again…and again. Now providing evidence of a relationship for Immigration purposes is a great deal more manageable.

The Immigration DNA Testing process

The process involves making the DNA test a legal paternity test (or other relationship testing). This must be requested by the United States Embassy. Legal paternity testing includes having anyone living in the United States collected at a collection facility near their home, by a non interested third party. A client support professional will schedule the appointment based on the individuals time requirements, and will advise on what will be needed for the DNA test collection to help ensure the best possible experience. Those living overseas have their DNA test collection at the United States Embassy, or one of their affiliates.  The price for Immigration testing does include shipping supplies to, and from the Embassy as well as sending the results to the Embassy. Although we don’t have any control over how long the US Embassy takes to collect DNA for those overseas to complete the DNA testing, we will help make the process easier by walking you through what steps you should be taking prior to the collection to verify you have what you need beforehand. The samples are all sent to the laboratory for DNA testing. The United States Embassy requires strict criteria for DNA test results, which we supply to them. Here at Identigene we strive to do all we can to make the process as easy as possible.

Falsified Paternity Test Results

First, there are no trustworthy DNA testing service laboratories that will falsify Paternity DNA testing results, and an individual cannot “beat” a paternity test. You can’t change your DNA by taking special vitamins, drinking a lot of water, medications, or alcohol. The quesiton of “am I a Chimera” comes up often as well. (We have a wonderful post about the subject you should really take a look at). When performing an at home DNA paternity test, if all participants are not present when taking the DNA samples, some people may think about using someone else’s DNA in place of their own. This is why the personal DNA testing is not deemed to be admissible in court. For a legal DNA test all participants are collected at a collection facility by a third party with no interest in the outcome of the paternity results. Identification is verified to insure the correct participants are collected.

Paternity Test Lab Errors

The second part of this discussion involves the laboratory actually performing the DNA testing. Could they have switched the samples to give incorrect paternity results? I can’t speak for all laboratories; however, any reputable or accredited laboratory follows very strict guidelines to prevent this from happening. When samples are run, and the paternity results are negative, here at Identigene, we run the DNA samples again to make sure they are accurate. If the paternity results are positive, the chances that the samples happened to be switched with another case, and the alleged father in that case is the real biological father, are exceedingly unlikely.

These are sensitive topics in the world of DNA testing and Paternity results that seems to be all over the place. If you do have anything to add, or additional questions please let us know. We welcome discussion.

“Due to the nature of collecting the samples, the legal test of course provides an almost cheat proof system if a neutral and qualified third party witness is used. However for the home DNA test, since the parties are responsible for collecting their own samples, this gives rise to the opportunity to cheat on the test. This can be done by submitting someone else’s sample which will inevitably lead to a negative result. This possibility has led some to question the reliability of the at-home tests.”

Author Kevin Camilleri says that in his experience most paternity test participants honestly just want to know the truth. This is our experience as well.

“From a scientific point of view, the accuracy of these tests is now almost a given. When the father, mother and child participate in the paternity test, a properly accredited and experienced DNA testing laboratory will provide a probability of paternity in excess of 99.999% thereby confirming the biological relationship, or alternatively issue a probability of paternity of 0%, thereby confirming with 100% accuracy the exclusion of the alleged father.”

He goes on to make a point that in the rare instance that someone has tried to “cheat”  a paternity test, their efforts are easily noticed by the lab and new, uncontaminated samples are acquired.

If you are suspicious that your partner might try and cheat on a test taking a couple precautions in advance can save you the hassle of submitting new samples.

1. Collect the samples will all test participants present at the same time, seal and mail the samples to the lab your self.
2. Have the sample collection performed by a neutral third party (like a doctor or an attorney, or even an employer). Have the third party seal and mail the samples to the lab.
3. Obtain a “Legal Paternity Test”. With this test the collection of the samples is done in a strict chain-of-custody procedure that will allow the results to be admissible in court.

For more information on legal paternity testing, visit: www.dnatesting.com/dna-testing/legal-paternity-testing.php

We were a blended family with 6 children, including 3 grown sons when we decided to adopt back in 2006. We found our first precious daughter in China, aged 3 years and brought her home in October 2006. We were totally in love.

In adopting we learned more of the Chinese culture and the difficulties the older orphaned children from China faced. So once again, we decided to add an older girl, our wonderful Chloe, aged 13 ½ years in Feb 2009. We had been blessed to receive grants to complete her adoption as she was our 8^thchild.

Little did I know when I headed to China to bring her home we were about to get a shock of our life. When receiving Chloe I was handed a police report about when she was found. It stated she was found with 2 other children and I knew this was not typical. So I asked, “who are these other children?”

My question was met with silence until our guide asked my new daughter and she said “my brothers.” Well, can you imagine my shock? My mind was racing- what? How? Why were we not told? Where these REALLY her brothers or just boys she was close to and called her brothers? So many questions.

Chloe with one brother (Chance) while still in China Jan 2009

We proceeded on with the adoption requirements for Chloe and gave word to the guide to inquire about the “brothers”, the many questions we had. We learned the boys were both at the orphanage, they were known to be a sibling group at the orphanage but when found, were not reported as siblings, therefore creating a legal difficulty in proving they were siblings now, so many years later.

We did not feel this was right, our daughter was so sweet and willing to come to us, we didn’t begin to understand how. How did she make peace with leaving them? Did the brothers know for her it was the chance for a family, so they accepted losing her forever? Did they look at the pictures we sent her over the months of waiting for her paperwork to be done, of our older grown sons and think we had enough boys, thus didn’t “want “ them?

We left word that we did want both these boys as we came home, being unable to bring them at her adoption time due to immigration laws. I told our new daughter, “we will come back for them, I promise.”

As soon as we were home, we were able to apply for the first brother, having been given information where his adoption file was. We received pre- approval and proceeded with our paperwork to meet requirements, we were again deeply blessed by the generous help of many adoptive families to make the fee requirements. Our concern was the other brother’s adoption. We did not meet the financial requirements and were over the “number of minor children in the home” for bringing both boys home and we had no official proof to claim the sibling bond of these children.

We KNEW these children had to grow up together. As Chloe, by this time was learning English she told us she never believed we really would go back for the boys. We could only imagine what the brothers in China were thinking as well. So as we realized that we needed proof of their relationship, as originally asked for in China, to aid in our quest to get these boys home.

But how? We didn’t have spare funds. I said a prayer and sent off an e-mail. This ended up bringing us to Identigene. We were so thankful when they contacted us with a “please LET us help!” It was just amazing to us, they sent kits, the tests were sent in and when the results came in just DAYS later, a phone call to Marilyn aided my shaking hands to the right page for the results. She “sat” with me, as I cried, could hardly speak, for there in front of me was answer this momma’s heart KNEW would be there. All 3 children- biological siblings. No doubts.

Chloe at home Jan 2010, not so patiently waiting to go get her brothers

Without this wonderful gift from Identigene we would not be able to say that as of today, we are just weeks away, with paperwork cleared for one brother and the other one’s paperwork on the way. These 3 children, who suffered being abandoned in China years ago, only had one another to count on, will be able to grow up together. We will travel to bring them home soon.

Brothers in August 2009 with cake we sent them (bigger brother is Chase, little one is Chance)

They will not go to bed hungry ever again once home and best of all, they all three will have a mom, dad, more siblings and a life filled with LOVE. Cherished as our sons and daughter, siblings forever more within our family.

We can only thank Identigene for the most precious gift anyone could be given, a future for not one, but TWO special orphan boys, now our sons.

“You can’t change the world by adopting an orphan, but for that orphan, you have changed THEIR world. “ Unknown

A Home Paternity Test, which we call “Peace of Mind” paternity tests, are “real” paternity tests. They undergo the exact same process in the lab as a court-admissible DNA paternity test. Once they arrive at our lab they are treated no differently. The ONLY difference between the two is the way the DNA samples are collected.

With a home paternity test, you will pick up the kit from your neighborhood pharmacy or order it online. Once you get the kit, you rub the swabs on the inside of the cheek of the child, the alleged father, and the mother. Place them in the sample envelopes and mail them to Identigene. You will have the results of your paternity test within 3-5 business days.

The DNA samples will be processed in our accredited DNA paternty testing lab and your results will be accurate to 99.99%. Now, you certainly could submit these results to a court. And the judge MAY accept them. But most courts are going to want proof of identity for each person tested.

So what about a legal paternity test?

A “legal paternity test” or court admissible paternity test, is conducted by a third party, not the test participants. The DNA sample collector also verifies the identities of the test participants. That proof of identity is included in the Paternity Test report, making the results admissible in court.

If the people being tested for paternity are the people who were swabbed, a legal paternity test and a home paternity test will have the same, accurate, result.

If you want to know more about the details of getting a legal paternity test you can visit Identigene’s site at www.dnatesting.com/dna-paternity-testing/legal-paternity-test.php or call one of our DNA test consultants at 888-404-GNE  (888-404-4363).

The history of DNA Testing for paternity cases is just as rich, and IDENTIGENE has expanded that history by bringing peace of mind testing to pharmacies near you.  When I started working here in March of 2006 I never would have guessed that we would be in every major pharmacy in such a short time.  What is next?