How do you get a court ordered DNA test?

Court Required DNA testing

DNA testing for legal needs

It would seem like “everyone” is all about having their DNA tested these days doesn’t it? We all want to know or heritage and lineage more than ever it seems. There are other uses too, like testing DNA used as evidence

DNA testing and court cases are an everyday occurrence like DNA testing for court cases like child support and criminal cases. There are requirements for DNA testing for court in immigration cases and DNA testing court ordered for probation hearings, and others. 

Can you legally request a DNA test?

Regarding a DNA test for paternity testing, the complex laboratory process is very accurate in helping to identify a child’s biological father. In these types of situations, the purpose of testing DNA used as evidence is to give clear evidence to all involved in cases of child support. 

Sometimes the mother may not be sure of who the father is, or a man may question his paternity. In either case, that mother or father may want to establish their parentage with a legal request for DNA testing. However, it isn’t as easy as sending a request or volunteering to be tested. 

The legal system has a process to request DNA used as evidence that must be followed. The first step for either side is to contact a lawyer who will draft the proper paperwork and file it accordingly with the courts. Either parent (or alleged parent) can begin this process to establish paternity. 

After the court has received the petition, they will have it served to all parties involved in the case. If the alleged father is married to another person, they both will need to be served. 

 Can a DNA test be wrong?

While testing DNA used as evidence has become more accurate and exact, that doesn’t mean there are no errors and reality and results may contradict each other, thereby making the DNA test results wrong. How does this happen in an environment that is protected and sterile?

  • Tests Tampering: Testing DNA used as evidence can be tampered with by any person that has access to the sample that is submitted.
  • Lab Error: As accurate and careful as laboratories are that handle DNA used as evidence, there is a small room for errors that lead to inaccurate or wrong results.
  • Related Paternity Candidates: The possibility of erroneous testing of DNA used as evidence could be a blood relation between the father and the child. An example would be if a direct blood relative of the father is the actual father of the child.
  • DNA Mutations: DNA mutation creates the possibility of testing DNA used as evidence for paternity test purposes could be incorrect. Mutations are constant and are not an issue in most cases. However, if sperm has any mutated strand of DNA, the testing for the child could test differently.

How much does DNA test cost?

The cost for testing DNA used as evidence can vary from city to city, state to state, as there is no set fee schedule for this. An average cost for a legal DNA used as evidence in a paternity case could start around $300 and go upward. For a non-legal paternity test, there are kits available over the counter starting around $30, but this does not include the testing. Additional services like the testing and the shipping cost extra.

How long does court-ordered DNA testing take?

If the court pays for testing DNA used as evidence, the turnaround time can take 5 to 8 weeks. If the state is paying for DNA testing, they will require the persons involved in the testing to repay the state.

Can a home DNA test be used in court?

Direct and short answer to this is – No – an at-home DNA test is not admissible in court. You can get a test for DNA used as evidence by a third party, then have it transported to an approved facility. Before purchasing an at-home DNA kit, inquire what the process and restrictions are and if the test will be admissible.

When Would A Test For DNA Used As Evidence Be Needed?

The most common reason for DNA testing is to determine biological parent, typically the father. It could be for a child support dispute, or because a person wants to know. Other legal reasons a judge would order a test for DNA used as evidence:

Child Support and Custody

When a couple is married, and a child is conceived and/born during that time, we assume the man is the father. If the couple were to separate and/or divorce later, the man is still considered legally to be the father and is held financially responsible. This is so even if a DNA test result shows he is not biologically the father.

If a couple has a child while not married, then the courts will determine a legal relationship between the father and child before establishing child support requirements.

If there are any doubts by the presumed father that he is not the child’s biological father, he may request the court have testing for DNA used as evidence before he signs the birth certificate and acknowledges paternity.

Inheritance Rights

Sometimes, inheritances are disputed among the surviving family members and an unknown heir. The alleged heir may file for a test of DNA used as evidence to determine their rights. Heirs with inheritance rights may have other benefits due to them, such as life insurance and Social Security.  Here, the court will order a medical examiner to collect the DNA used as evidence, then submit it to an accredited, approved

Immigration

The government is one of the biggest users of DNA used as evidence to support family relationships to get birth certificates, Social Security card, and other documentation.  

Adoption

A person who has been adopted from birth or a very young age will sometimes have the desire to learn their biological roots. Once they have located the birth parents, it is common they be requested to have DNA used as evidence to confirm the relationship.

DNA testing lab being completed

Bringing Closure

It is clear by the information within this piece that DNA used as evidence to bring closure for many reasons. While there is still a possibility for error with a DNA test, today it is the best method we have to clarify and verify things.  Need quality DNA testing for your court case? Call the experts at Choice DNA at 800-219-4362 today!