In a previous article we have talked about some aspects to take into account when carrying out a DNA paternity test. We have developed it specifically, because the variety of information that exists is enormous, and that you must take into account when carrying out a genetic study to present to justice, or simply to bring peace of mind to the family.

That is why we have created a second article related to this, to resolve and clarify doubts as to what the rights and obligations of the alleged father are, and what is the scope of local justice in this situation.

IMPORTANT: In this case we refer to the judicial situation of the court of justice based on the laws of the United States. Although the laws regarding each constitution are similar, always remember first of all to investigate the constitution of your country (if the case that you acquire the DNA paternity test from abroad) if the laws that govern in your nation coincide with those that we mention here in a synthesized way to develop such actions..

If in the event that in your country of residence it does not coincide with the legislation based on the rights of the citizen that we mentioned, consider consulting a family lawyer who can carry out the case that you need to resolve.

Can a DNA Paternity Test be Done Without the Father Knowing?

It is possible to perform a DNA paternity test without the direct involvement of the father. One way to do this is by testing the father's parents or their first-degree relatives. Another method that exists and is effective for this is to use non-standard samples: such as hair clippings or a used ear swab from the father.

Although, for the court to recognize the validity of the results from a legal point of view, a chain of custody form must be signed and processed that authorizes the procedure. If you want instructions and information about the chain of custody, you can click here.

Paternity testing can be done without the father being aware of this procedure

A paternity test done without the knowledge of the possible father is called an "illegal" paternity test. DNA testing can be done without the father's knowledge, but the results are strictly for personal information and cannot be used in a court of law.

An outside lab can help advise a person on the type of test material/evidence that should be collected from the possible father and child. Once the samples are collected, they are sent to the laboratory for analysis.

Now that I know this, can the father refuse the DNA paternity test?

The possible father of a child DOES have the right to refuse a court-ordered DNA paternity test, but the consequences for the father will be legal. DNA testing is considered part of a civil lawsuit, so a family court judge can compel the father to send a sample to a court-approved center.

If the father refuses to take the test at this time, he can be held in contempt of court, which could lead to legal consequences: fines and criminal charges, mainly.

If a paternity suit is filed, the court will not necessarily compel the prospective father to take a paternity test right away. The court's procedure will be to first review the facts of the case and, if there is sufficient information to warrant a paternity test, the court must order such a test.

What to do if the alleged father is deceased?

In cases where the alleged father is already deceased, there are several options available to help verify paternity, that is from relationship tests. Involving the child's mother (which is always recommended) increases the accuracy of the results.

Next, we show some of the cases that should also be taken into account when carrying out the DNA test if the father has died.

Grandparents Test

When the father is deceased, this test can determine the statistical probability of whether or not the presumed grandmother or grandfather is genetically related to the children who have been tested.

Sibling Tests

This test can determine if two people share one or both parents. Although it is an indirect way to prove or disprove paternity, it is an additional option when the father is deceased. This test can also be used for those half siblings. The mother must consent to the participation of full or half siblings 16 years of age or younger.

If they are of legal age, they simply do not need the mother's permission, and must present themselves to the laboratory with an identification that proves that they are of legal age.

Aunt-Uncle Test

Called avuncular testing, this is another option when the father is deceased, because aunts and uncles share about 25% of their DNA with their nieces and nephews.

Paternity tests using hair or other non-standard samples

While non-standard samples, such as the prospective father's hair or toothbrush, can be used for testing, items such as discarded ear swabs or used tissue are best. If non-standard samples are the only option, accredited laboratories will work with the individual to determine the best possible sample for their specific situation.

After receiving the DNA sample, the laboratory will proceed to generate the DNA profile of the alleged father in question. If the sample proves to be sufficient, this DNA profile is compared to the DNA collected from the child's cheek smears to determine the probability of paternity (this method is called a saliva-based mouth swab test, which is painless and not bothersome at all).

The results of this process are generally available within 10 business days, because it turns out that our labs run multiple tests to make sure the samples and results are 100 percent conclusive and accurate.