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This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 10 references cited in this article, which can be found at the bottom of the page.
This article has been viewed 165,123 times.
If you want something a little more accurate than a home paternity test kit, there are several ways to accurately and/or legally determine a child’s paternity. Generally speaking, you can pay to have a DNA paternity test completed at a lab before or after a child is born. While paternity is assumed when a child is born to a married couple, paternity is not assumed if a child is born to an unmarried woman.[1] There are many ways paternity can be established and the information in this article will help you choose the method that is best for you.
Steps
Method 1
Method 1 of 3:
Establishing Paternity Before the Child's Birth
Decide how you want to test for paternity. If you want to establish paternity while the mother is pregnant (prenatal testing), you will be able to choose from a variety of methods. Each method has its benefits and risks, so be sure you choose the method that is right for you. The three most common methods include:- Amniocentesis. This is an invasive paternity test that can be conducted as early as 13 weeks into a pregnancy or as late as 24 weeks. This test is performed by inserting a long, hollow needle into the pregnant woman's uterus where a small amount of amniotic fluid is extracted. The procedure takes about 30 minutes and is considered safe. However, there is a small chance of miscarriage and side effects may include cramping, vaginal bleeding, and amniotic fluid leakage.
- Chorionic Villus Sampling. This is another invasive paternity test, less popular than amniocentesis, that can be conducted between week 10 and 13 of pregnancy. This test is performed by taking a sample of cells from the vagina, cervix, or abdominal wall. Some people choose this test over amniocentesis because it can be performed earlier in the pregnancy, which may be important in legal paternity suits. The risk of miscarriage is almost twice as high as that of amniocentesis and the side effects may include vaginal bleeding.
- Non-Invasive Prenatal Paternity. This method is non-invasive and can be conducted after week 14 of pregnancy. This test is performed by taking a blood sample from the mother and isolating the fetal cells in that blood. While this test is non-invasive, it is relatively new and has its drawbacks. For instance, there is a chance that doctors will not be able to isolate the fetal cells and if the mother has been pregnant before, there is a chance the wrong fetal cells will be isolated.
Make an appointment with a reputable individual providing the service you want. Once you have decided which form of testing is right for you, you should research and test with a reputable laboratory. There are a few good ways to do this.- Talk to your doctor and ask them if they have any recommendations on where to get your prenatal paternity testing done. They may be able to do it right there at the doctor's office, but at the very least your doctor should have some idea of who to contact.
- Visit the American Pregnancy Association's website, which endorses the DNA Diagnostics Center (DDC) because of their longstanding AABB accreditation. The website gives you their contact information, which you can use to ask questions and set up appointments.[2]
Pay the required fee. The fees for prenatal paternity tests will vary depending on the who is conducting the testing and which test you have chosen. In general:- Amniocentesis typically costs between $1,600 and $3,000, which includes both physician fees and the DNA testing itself. There is a chance your insurance may cover some of the cost, so be sure to check with your insurance carrier for more information.
- Chorionic villus sampling typically costs between $1,800 and $3,000, which includes both physician fees and the DNA testing itself. There is a chance your insurance may cover some of the cost, so be sure to check with your insurance carrier for more information.
- Non-invasive prenatal paternity testing typically costs between $1,000 and $1,500, which includes physician fees and the DNA testing itself.
Get your results. Results from any of the three prenatal tests will be compared to a DNA sample taken from the suspected father. You could potentially compare the child's DNA to any number of other DNA samples depending on how many potential fathers you believe there are. The results from amniocentesis and chorionic villus sampling usually take about five days. The results from the non-invasive prenatal paternity testing can take between 12 and 14 days.Advertisement
Method 2
Method 2 of 3:
Attesting to Paternity Through a Declaration of Paternity
Decide when you want to sign the Declaration of Paternity. Another way to establish paternity is to sign a Declaration of Paternity (sometimes also called an Acknowledgement of Paternity Affidavit).[3] These forms can be filled out and filed at different times depending on where you are in the process of having the child and establishing paternity.[4] These declarations or affidavits are useful when you feel comfortable with who you believe or know the father to be, as the signing of these forms will legally establish parentage.[5] You can either sign this form at the hospital when the child is born, which will result in the declarant's name being placed on the official birth certificate, or you can sign it after the initial birth certificate has already been issued, which will result in the declarant's name being added to the birth certificate.[6]
Fill out the required form. Whether you are going to sign the form at the hospital or afterwards, you will need to access the form online or in person and fill it out. Each state will have their form in a different place, so be sure you do some research to find out where you can access the form.- In California, the actual form can be mailed to you if you email [email protected].[7] The form can also be obtained by going to your county's child support agency, registrar of births, family law facilitator, or welfare office.[8]
- In Ohio, the document will be generated at the hospital at the time of the child's birth or at a local health department or Child Support Enforcement Agency.
File the form with the correct state department or agency. Once you have filled out your state's designated form, you will need to file it with the correct agency or department.- In California, the completed form must be filed with the California Department of Child Support Services Paternity Opportunity Program.[9]
- In Ohio, the completed form must be filed with the Office of Vital Statistics.
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Method 3
Method 3 of 3:
Getting a Court Order to Establish Paternity
Consider when this method may be an option. Going to court to establish paternity should only be used as a last resort. This method is often utilized when a suspected father is avoiding his legal obligations to a child and the mother wants to establish paternity so the father will be required to fulfill those legal obligations. However, a man can also bring a paternity suit, which often involves the mother not allowing a suspected father visitation and/or custody rights.
Fill out your court forms. If you have decided that getting a court order is the best option for you, you must begin the process by accessing and filling out the required court documents.[10] While this article will use California as an example, most states will generally follow the same procedures. In California, you will be required to fill out a Petition to Establish Parental Relationship; a Summons; and a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.- The Petition to Establish Parental Relationship asks for information including your name, the child's information, and information about what you are asking the court for (e.g., parent-child relationship, child custody, reasonable expenses of pregnancy, and/or costs of litigation).[11]
- The Summons is an informational form telling the other parent about the proceedings that have been brought.[12] It states that the other party is being sued and it asks that other party to read the form.[13]
- The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act form asks you to indicate the children involved in the suit you are bringing and asks you to provide their personal information to the court.[14] The form also asks if you have ever been involved in another similar suit with these children before, whether you have ever been the subject of a restraining order or protective order, and whether there are any other parties with custody or visitation rights the the child or children in question.[15]
Serve your documents on the other parent. Once you have filed your forms, you will have to serve the papers you filed, as well as a blank Response to Petition to Establish Parental Relationship and a blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.[18]- You can choose to serve the other parent personally, which involves someone giving the papers to the other parent personally, or you can serve the other parent through the mail, which involves sending the papers to the other parent.[19]
File your proof of service. Whoever you have serve the other parent will fill out and return a Proof of Service of Summons, which you will then file with the clerk of courts where you filed your original forms.[20]
Decide whether you have a contested or uncontested case and complete the process. If the other parent responds to your suit and agrees with you that you are the father (or that they are the father), the suit will be uncontested.[23] If, on the other hand, the other parent responds and disputes that you are the father (or that they are the father), the suit will be considered contested.[24]- If the suit is uncontested, you and the other parent will fill out a number of forms found here and you will file them with the clerk of courts.[25] These various forms simply ask you to verify that you understand the consequences of what you are agreeing to and asks you to agree that you are the parent of the child.[26]
- If the suit is contested, it is most likely because the alleged father will want a paternity test conducted in order to verify that they (or you) are indeed the father of the child.[27] In this situation, a judge may ask the alleged father to submit a DNA sample, which can be taken by an oral swab or a blood test, and that DNA sample will then be compared to the DNA of the child.[28]
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Tips
- Remember that paternity is assumed if a child is born to a married couple.Thanks
- Establishing paternity can have the following advantages: Allow the father's name to be on the birth certificate; create a legal obligation for the father to provide financial and emotional support; and can allow the child to know the father's medical history for his or her own benefit.Thanks
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References
- ↑ http://www.courts.ca.gov/selfhelp-parentage.htm
- ↑ http://americanpregnancy.org/prenatal-testing/paternity-testing/
- ↑ http://www.courts.ca.gov/1201.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/1201.htm
- ↑ http://www.courts.ca.gov/1201.htm
- ↑ http://www.courts.ca.gov/1201.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/documents/fl200.pdf
- ↑ http://www.courts.ca.gov/documents/fl210.pdf
- ↑ http://www.courts.ca.gov/documents/fl210.pdf
- ↑ http://www.courts.ca.gov/documents/fl105.pdf
- ↑ http://www.courts.ca.gov/documents/fl105.pdf
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/selfhelp-serving.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11298.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.courts.ca.gov/11299.htm
- ↑ http://www.masslegalhelp.org/children-and-families/establishing-paternity
About this article
Clinton M. Sandvick, JD, PhD
Doctor of Law, University of Wisconsin-Madison
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 165,123 times.
Co-authors: 16
Updated: April 25, 2023
Views: 165,123
Thanks to all authors for creating a page that has been read 165,123 times.
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