What Makes a Paternity Test “Legal”?
A paternity test is considered legal when a chain of custody is properly established. Which ensures the identity of the testing participants and keeps the integrity of the DNA samples from the time of collection through the completion of testing process.
Here’s what makes a paternity test legal:
- Identification: All participants must present valid, state-issued photo identification at the time of sample collection.
- Third-Party Sample Collection: DNA samples must be collected by a neutral, third-party collector. Participants cannot collect their own samples.
- Lab Accreditation: The testing laboratory must be accredited by the AABB, such as our partner DNA testing laboratory. This accreditation\ ensures your results will be accepted by all family courts and state agencies nationwide.
- Chain of Custody (COC): A detailed, untampered, documented process tracking a DNA test from the time of collection to the completion of results.
- Results: Depending on the legal purpose (e.g., child support, immigration, or court proceedings), the laboratory may be required to send results directly to the requesting agency, such as USCIS or directly to a family court judge. In all cases the client will receive a copy of their DNA results for their records.
Please keep in mind, each case is handled individual basis, and result delivery requirements can vary based on the specific legal use. Contact our office at 800-219-4584 to speak with DNA Consultant today for free phone consultation.
When do you need a Legal Paternity Test?
A legal paternity test is needed when a family court judge requests it, when an state agency such as USCIS or an embassy requires it, or when individuals plan to submit a paternity petition to establish a child’s paternity or add a father’s name to a child’s birth certificate.
These situations typically require a legal paternity test.
How much does a legal paternity testing cost?
Pricing for legal paternity testing starts $350.00. Learning more about paternity testing services here.
What the difference between a standard legal paternity test vs Immigration paternity test?
A standard legal paternity test establishes biological relationships for most legal situations by following a documented chain of custody for sample collection and handling.
An immigration paternity test requires the same chain of custody process but includes additional documentation and paperwork to meet immigrant visa evidence submission guidelines.
- Immigration cases typically involve an official request for evidence letter from a USCIS or an embassy.
- It also requires that a proper chain of custody be established
The main difference lies in the additional documentation required for immigration purposes, beyond those required for a standard legal paternity test. Below is a comparison chart of each legal testing type.
Comparison Table:
| Aspect | Legal Paternity Test | Immigration DNA Test |
|---|---|---|
| Primary Purpose | Child Support, Social Security Benefits, | U.S. Visa and CRBA Acceptance, |
| Chain of Custody | Standard legal protocol | USCIS/Embassy specific requirements for evidence submission |
| Collection Process | Unbiased Third Party Collector | Unbiased Third Party Collector for both U.S. and countries abroad |
| Results Acceptance By Situation | Family Court, State Agencies nationwide. | USCIS, embassies, and consulates |
| ID Requirements | Drivers License or Passport | Drivers License, State ID, Passport or any country related ID |
| Legal Admissibililty | Court-admissible, Adding a father to birth certificate | |
| Turnaround Time | 3 business days | 3 business days but varies for international testing |
How the legal DNA Testing process works
Getting started is simple. Below is a brief outline of what you can expect from our process.
1. Contact our office at 800-219-4584 to speak with a DNA Consultant to schedule an appointment.
2. An appointment will be scheduled in city near your home.
3. After your samples are collected, they will be shipped to the lab for comparative DNA analysis.
4.Upon receipt of the samples results have average turnaround time of 3 business days.
5. Once completed a copy of the results will be mailed to your home and an additional copy will be emailed to you.
Note: According to the state of New York Department of Health guidelines. Residents of New York must acquire one of the documents to perform a DNA test within the state.
1. A prescription referral from a NYS licensed doctor
2. A letter from a NYS licensed attorney requesting a paternity test
3. A court order from a judge.
How will DNA samples be collected?
All DNA samples are collected by cheek swab samples.
Where can I go to get a DNA Testing appointment near me?
Call 800-219-4584 to schedule an appointment today. We have over 3000 plus collection sites within our network nationwide near most major cities for easy appointment setup.
Frequently Asked Questions
How long will it take to receive my legal paternity test results?
The average turnaround time for results is 3 business days.
Is a legal paternity test result admissible in all U.S. courts?
Yes. All legal DNA testing services we provide are under the strict supervision by our partner accredited laboratory.
Does the mother need to be involved with a paternity test?
A mother’s participation is not required but is recommended to strengthen the DNA analysis. Although, when establish paternity through family court, a judge may recommend the mother to participate in the paternity test.
Can I upgrade an at-home test to legal status later?
No, an at-home paternity test cannot be upgraded to a legal paternity test. Please keep in mind, legal tests require a chain of custody and At-Home paternity tests do not require one to be established.
We recognize some facilities may claim to offer At Home DNA Test upgrades, we do not provide this option because it would compromise the integrity of the chain of custody, which is required for a test to be legally admissible.
In order to maintain the integrity of your results and ensure they are admissible as court evidence, we always recommend performing a legal paternity test from the start. This means a proper chain of custody will be established allowing your DNA results to meet the evidence submission requirement for all legal situations
What if one party refuses to participate?
A party may refuse to participate in a DNA paternity test because DNA testing is voluntary.
A person can opt to file a paternity petition in family court. The court may issue an order requiring the alleged parent to appear for testing. The refusing party risks being held in contempt of court and facing a judgment in favor of the other party if they do not comply with a court order.
Legal counsel helps participants understand state-specific paternity laws. No party can force an adult to undergo paternity testing. Family reconstruction DNA testing using the alleged father’s relatives may provide an alternative when the alleged father refuses to participate.
Customer Support
To learn more about DNA testing for immigrant visa and CRBA purposes call 800-219-4584 and allow one of our DNA Consultants to assist you today.