How Do the Courts Use DNA Testing to Determine Paternity?

January 17, 2014. Once a party files a Petition to Establish Paternity or Disestablish Paternity, DNA testing is soon to follow. The court or parties may request DNA testing. The party who files to overcome paternity is responsible to pay for testing and for the guardian ad litem appointed by the court.

Once tests are back, the judge will set a trial to resolve the matter. A party can challenge the result and request an additional test be completed. At trial, the DNA test is admitted without further foundation from the testing facility if the testing facility is accredited. There is a presumption the alleged father is the biological father if the DNA testing shows the probability of paternity is 95% or higher.

If paternity is overcome, the putative father is relieved of any future child support obligation. The paid child support is not refunded to him. If the alleged father’s name is on the birth certificate or on an affidavit of paternity, a court order will be needed to remove the alleged father’s name and correct the birth certificate.

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