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Do Home Paternity Tests Count in Court?

Posted on : July 3, 2019, By:  Mary Katherine Brown
Brooklyn-Paternity-Attorney

Paternity tests can be a touchy subject.

When the biological father of a child is unknown, there are many situations where establishing that information is beneficial to the family. Family court cases often require paternity to be established as well. Are home paternity tests admissible in court and if not, what tests are? 

What Needs to Be Established for Court to Accept Paternity Results 

For a New York court to accept the results of a paternity test, the results cannot have had the opportunity to be tampered with in any way. A chain of custody must be established and the chain cannot be broken. If the chain of custody is compromised, it’s impossible for a court to say with certainty that the test results are valid or that they belong to the person(s) tested. 

Do Home Paternity Tests Meet the Above Guidelines? 

Home paternity tests may be convenient, but they certainly don’t meet the regulations set forth by the court. No chain of custody can be established with a home paternity test, and it’s very easy to fake the results. You can perform a home paternity test for your own piece of mind, but you’ll have to have another paternity test done if you need to establish biological relation for a family legal case. 

What Types of Paternity Tests Are Accepted in Court? 

Because a paternity test can give a father legal rights to custody and visitation, and it can give the mother the right to file for child support, it’s critical that the tests be performed properly. If you do not wish to wait until the baby is born to establish paternity, it can be done via a procedure called an amniocentesis. This procedure does have risks, so it’s important to discuss them with your doctor. 

A simple cheek swab can be performed by a lab, or the hospital after the baby is born. When paternity tests are conducted by medical professionals and the chain of custody has been properly documented, the results are typically acceptable in court. 

Need a Valid Paternity Test? Contact Our Office Today 

If you need a valid paternity test, we can help. We know how important a valid test can be for family legal cases like child custody and child support. Contact Mary Katherine Brown now for a consultation to discuss your legal options at (718) 878-6886.

Posted in : Child Custody ,

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