Can You Be Forced to Take a DNA Test?

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Reasons You Can Be Forced to Take a DNA Test

One of the most common reasons that someone would be asked to take a DNA test is when they are trying to find out who the father of their child is. It’s important to note that someone cannot be forced to take a DNA test when it comes to DNA paternity testing. If DNA is obtained without the alleged father’s consent, then it is known as a non-legal paternity test and cannot be used in court. People who don’t want a paternity test for court reasons can conduct a DNA test without the knowledge of the father. While the supposed father has the right to refuse a paternity DNA test, there can be legal ramifications. If DNA testing is court-ordered, it is considered a civil lawsuit, so the father refusing the test can be held in contempt of court for refusing the DNA test. For people who have been ordered by the court to a paternity test should know that they don’t have to take the test, but that it can result in charges and fines against the person.

Court Ordered Paternity Test Before Birth

A paternity DNA test is when DNA is taken from the amniotic fluid or fetal testing to determine the identity of the father. When it comes to court-ordered paternity tests, a lot of courts don’t use it as their first option when determining the father’s identity. Typically, if the court does need to determine whether a person is the father of a child, they will wait until after the baby is born to perform the paternity DNA test. The reason they do this is that the court doesn’t want to put the unborn child at risk or harm by performing an invasive test like prenatal paternity tests.

A lot of men ask, “Can you be put on child support without a DNA test?” and the answer is yes if the mother believes or even misleads the alleged father that the child is his. This is why a lot of people want to do paternity testing before birth. However, it is better to wait until the child is born so that the testing is not too invasive to the mother or unborn baby. Another question that is asked a lot is, “How much does a paternity test cost through the courts?” It will depend on what agency they go through to test the DNA.

Can a Home DNA Test Be Used in Court?

When it comes to DNA testing, instead of going to an actual agency more and more people are doing at home-DNA test kit. This is a convenient way to test your DNA without having to leave your home; all you have to do is provide a sample of saliva, blood, or a cheek swab and then send it off to be tested. While it’s an easy way to test DNA, it might not be legally admissible to use in court. The reason being is that someone has to be able to verify that you are the person you say that you are. This begs the question of, “Can you cheat a home DNA test?” and the answer is yes. If you are sending in blood, saliva, or cheek-swab sample, there is no way to verify it was you who actually sent it in. This is why courts don’t find home-DNA test kits reliable. For those who are set on doing at home-DNA testing, then they will need to talk to the court and see if there is any way of making the findings legally admissible.

Can Anything Affect a DNA Test?

It might seem like a cut and dry thing when it comes to obtaining DNA, but there are certain things that can affect the outcome of the findings. Some of the most common ways that a DNA test can be contaminated is if someone smokes, drinks, or eats an hour before taking the test. Another way that the DNA sample can be contaminated is if it comes into contact with someone else’s DNA. Mailing samples that are still wet can also cause your results to become contaminated as they can rip on the way to the testing center. Also, if you’ve had a blood transfusion or has had a bone marrow transplant, then this can also affect the outcome of the results.

Court Ordered DNA Test Results

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Court Ordered DNA Test Process

If you have been asked for court-ordered DNA results, then you will have to go to a DNA testing center to obtain some of your DNA. The process of testing DNA involves a couple of steps.

  • DNA Samples: At the DNA testing center you go to, you will need to have a government-issued ID to present to the tester. From there they will take oral swab samples.
  • Cell Lysis: This is the process when the membranes in the cell will be broken down so specific nucleic acids or proteins are analyzed.
  • Separate DNA: The next step after cell lysis is separating the DNA.
  • Copying DNA: Once the DNA has been separated, copies of the DNA will need to be processed using a procedure called PCR.
  • Testing DNA: When the DNA has been copied, they will be tested to find genetic markers that will be able to identify relationships.
  • Match DNA: When the genetic markers have been found, they will be matched against another genetic sample.
  • Results of DNA Testing: After all of those steps, the results will be sent to the correct party.

If you need a DNA test, call Choice DNA today at 800-219-4362! We are able to perform court admissible DNA testing, so contact us to make your appointment now. We will be able to discuss court ordered DNA test cost when you call to set up your appointment.